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RULE ADOPTIONS
VOLUME 41, ISSUE 19
ISSUE DATE: OCTOBER 5, 2009
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS

Readoption with Amendments: N.J.A.C. 13:34
Adopted Repeals and New Rules: N.J.A.C. 13:34-1.11, 4.1, 19.4, 19.6, 28.4 and 28.6
Adopted New Rules: N.J.A.C. 13:34-4.4, 11.7, 12, 18.6, 18.7, 21.5, 27.6 and 27.7
Adopted Repeals: N.J.A.C. 13:34-11.1 and 21.1

Rules

Proposed: May 4, 2009 at 41 N.J.R. 1946(a).
Adopted: August 13, 2009 by the State Board of Marriage and Family Therapy Examiners, James Verser, Ed.S., Chairperson.

Filed: September 10, 2009 as R.2009 d.301, with substantive and technical changes not requiring additional public notice and comment (see N.J.A.C. 1:30-6.3).
Authority: N.J.S.A. 45:8B-13 and 34.

Effective Dates: September 10, 2009, Readoption; October 5, 2009, Amendments, New Rules and Repeals.
Expiration Date: September 10, 2014.

Federal Standards Statement

A Federal standards analysis is not required because the rules readopted with amendments, repeals and new rules are governed by N.J.S.A. 45:8B-13 et seq., and are not subject to any Federal requirements or standards. Although the rules in N.J.A.C. 13:34 are not subject to any Federal requirements or standards, where deemed appropriate, the Board has voluntarily required licensees to comply with applicable Federal laws and regulations. Specifically, N.J.A.C. 13:34-2.1 provides that failure to comply with Federal laws related to the practice of marriage and family therapy will be deemed professional misconduct. N.J.A.C. 13:34-8.3, 18.5 and 27.5 require licensed marriage and family therapists, professional counselors, associate counselors and rehabilitation counselors to preserve the confidentiality of information obtained from a client in the course of professional treatment unless disclosure is required by Federal law. N.J.A.C. 13:34-18.4 and 27.4 requires a professional counselor, associate counselor or a rehabilitation counselor whose client has explicitly waived the counselor-client confidentiality privilege to release client information to a third-party payor whose benefit plan is qualified under the Federal Employee Retirement Income Security Act (ERISA), P.L. 93-406, codified at 29 U.S.C. ßß1001 to 1453 and in ßß401-415 and 4975-4975 of the Internal Revenue Code.

Full text of the readopted rules can be found in the New Jersey Administrative Code at N.J.A.C. 13:34.

[page=3819] Full text of the adopted amendments and new rules follows (additions to proposal indicated in boldface with asterisks *thus* ; deletions from proposal indicated in brackets with asterisks *[thus]*):

SUBCHAPTER 1. GENERAL PROVISIONS

13:34-1.2 Scope of practice

Marriage and family therapy is a specialized field of psychotherapy, which includes premarital counseling and therapy, pre- and post-divorce counseling and therapy and family therapy that may be with couples, families or individuals. The practice of marriage and family therapy consists of the application of principles, methods and techniques of counseling and psychotherapy for the purpose of resolving psychological conflict, modifying perception and behavior, altering old attitudes and establishing new ones in the area of individual, marriage and family life. In its concern with the antecedents of marriage, with the vicissitudes of marriage and with the consequences of the failure of marriage, marriage and family therapy keeps in sight its objective of enabling clients to achieve the optimal adjustment consistent with their welfare as individuals, as members of a family and as citizens in society.

13:34-1.3 Office location

The offices of the Board shall be at 124 Halsey Street , Newark , New Jersey 07101 . The mailing address of the Board is PO Box 45007 , Newark , New Jersey 07101 . The website of the Board is www.state.nj.us/lps/ca/medical/familytherapy.htm.

13:34-1.4 License lists

A current list of licensed New Jersey Marriage and Family Therapists shall be maintained and made available at the Board's office and on the Board's website at www.state.nj.us/lps/ca/medical/familytherapy.htm.

13:34-1.5 Applications

Application forms and information regarding licensure of practicing marriage and family therapists may be obtained from the State Board of Marriage and Family Therapy Examiners, PO Box 45007 , 124 Halsey Street , Newark , New Jersey 07101 and on the Board's website at www.state.nj.us/lps/ca/medical/familytherapy.htm.

13:34-1.6 Licensee to display notice

Every licensee shall prominently display in a conspicuous location in his or her office the following notice:

(Name of individual) is licensed by the State Board of Marriage and Family Therapy Examiners, an agency of the New Jersey Division of Consumer Affairs. Any member of the consuming public having a complaint concerning the manner in which this practice is conducted should notice the State Board of Marriage and Family Therapy Examiners, PO Box 45007, 124 Halsey Street, Newark, New Jersey 07101, www.state.nj.us/lps/ca/medical/familytherapy.htm, or the New Jersey Division of Consumer Affairs, PO Box 45027, 124 Halsey Street, Newark, New Jersey 07101, www.state.nj.us/lps/ca/comp.htm.

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. (No change.)

2. Copies of two forms of identification, one of which shall be a United States government-issued or State government-issued photo identification.

(b)-(c) (No change.)

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

(a) (No change.)

(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 any unlicensed practice during the period following licensure expiration, not to exceed the number of days short of 60 before the renewals were issued.

(c)-(e) (No change.)

(f) A licensee 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 licensee to return to active status. A licensee who seeks to return to active status shall submit the following:

1. A completed renewal application;

2. The renewal fee for the current biennial period set forth in N.J.A.C. 13:34-1.1;

3. An affidavit of employment listing each job held during the period the licensee was inactive, including the name, address and telephone number of each employer; and

4. Evidence that the licensee has maintained proficiency by completing the 40 contact hours of continuing education required for the renewal of an active license. The continuing education hours shall be completed by the applicant within three years prior to the date of application for the return to active status.

(g) A licensee who returns to active status shall not use any continuing education credits completed pursuant to (f)4 above toward satisfaction of the 40 contact hours of continuing education required for the renewal of the license at the end of the current biennial period.

13:34-1.11 Reinstatement

(a) An individual whose license has been suspended for failure to renew pursuant to N.J.A.C. 13:34-1.10 for a period of five years or less shall be reinstated by the Board upon submission of the following:

1. A completed reinstatement application;

2. A reinstatement fee and all past delinquent biennial renewal fees set forth in N.J.A.C. 13:34-1.1;

3. An affidavit of employment listing each job held during the period the individual was suspended, including the name, address and telephone number of each employer;

4. Any outstanding penalties imposed by the Board; and

5. Evidence that the individual has maintained proficiency by completing the 40 contact hours of continuing education required for the renewal of an active license. The continuing education hours shall be completed by the applicant within three years prior to the date of application for reinstatement.

(b) An individual whose license has been suspended for failure to renew pursuant to N.J.A.C. 13:34-1.10 for a period of more than five years shall be reinstated by the Board upon successful completion of the licensing examination required for initial licensure as set forth in N.J.A.C. 13:34-4.1(b) within one year of the date of application and upon submission of the following:

1. A completed reinstatement application;

2. Payment of the reinstatement fee and all past delinquent biennial renewal fees set forth in N.J.A.C. 13:34-1.1;

3. An affidavit of employment listing each job held during the period the individual was suspended, including the name, address and telephone number of each employer; and

4. Any outstanding penalties imposed by the Board.

(c) A licensee who is reinstated shall not use any continuing education credits completed pursuant to (a)5 above toward satisfaction of the 40 contact hours of continuing education required for the renewal of the license at the end of the current biennial period.

SUBCHAPTER 2. PROFESSIONAL MISCONDUCT

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.-2. (No change.)

3. Failing to maintain a record for each client, which accurately reflects the client contact with the practitioner.

i. (No change.)

ii. If a licensee ceases to engage in practice or it is anticipated that he or she will remain out of practice for more than three months, the licensee or designee shall, consistent with the requirements of N.J.A.C. 13:34-8:

(1)-(3) (No change.)

4.-10. (No change.)

[page=3820] SUBCHAPTER 4. REQUIREMENTS FOR LICENSURE; APPLICATION PROCEDURES

13:34-4.1 Requirements for licensure; licensure procedure

(a) An applicant for licensure as a practicing marriage and family therapist shall satisfy the following requirements:

1. The applicant shall be at least 21 years of age;

2. The applicant shall submit a completed application for licensure;

3. The applicant shall submit evidence of good moral character, which shall be an ongoing requirement for licensure;

4. The applicant shall not be engaged in any practice or conduct upon which the Board shall have grounds to refuse to issue, suspend or revoke a license that it issues pursuant to N.J.S.A. 45:1-21 et seq.;

5. The applicant shall have satisfied the educational requirements set forth in N.J.A.C. 13:34-4.2. An official transcript documenting satisfaction of the educational requirements shall be sent to the Board directly from the accredited institution and shall indicate the degree awarded, the applicant's field of study and the specific courses completed toward the degree;

6. The applicant shall have satisfied the experience requirements set forth in N.J.A.C. 13:34-4.3. The applicant shall submit documentation of required clinical supervision to the Board;

7. The applicant shall submit his or her fingerprints and written consent for a criminal history record background check to be performed pursuant to N.J.S.A. 49:3-56(p) to determine whether criminal history record information exists, which may be considered by the Board in determining whether the applicant shall be licensed in the State; and

8. The applicant shall submit the application fee set forth in N.J.A.C. 13:34-1.1.

(b) Upon satisfaction of the requirements in (a) above, an applicant for licensure shall be authorized by the Board to take the National Marriage and Family Therapy Examination administered by the Association of Marital and Family Therapy Regulatory Boards or its successor.

(c) Upon successful passage of the National Marriage and Family Therapy Examination, and upon submission of the initial licensing fee set forth in N.J.A.C. 13:34-1.1, an applicant for licensure shall be granted a license by the Board.

13:34-4.2 Educational requirements for licensure

(a) An applicant for licensure shall have a minimum of a master's degree in marriage and family therapy, a master's degree in social work or a graduate degree in a related field. All applicants shall have obtained their degrees from regionally accredited institutions, so recognized at the time of the granting of the degrees. If the applicant has a graduate degree in a related field, the applicant shall demonstrate to the Board that he or she has completed substantial equivalents to the course work at the required levels as set out in (b) below. An applicant with a graduate degree in a related field which does not provide the training and course work substantially equivalent in content to those set out in (b) below shall be deemed to meet the educational requirements set forth in this section upon satisfactory completion of either a post graduate degree recognized by the Board, which includes the course work at the required levels as stated in (b) below or a program of training and course work at an institute or training program accredited by the Commission on Accreditation for Marriage and Family Therapy Education.

(b) An applicant for licensure shall complete a minimum of:

1.-4. (No change.)

(c) An applicant for licensure shall satisfy the following required areas of course work:

1.-6. (No change.)

(d) (No change.)

13:34-4.3 Experiential requirements for licensure

(a) (No change.)

(b) An applicant for licensure as a marriage and family therapist shall submit to the Board documentation, on a form provided by the Board, that the applicant has completed a minimum of two calendar years of supervised marriage and family therapy experience and one calendar year of counseling experience, which may be in marriage and family therapy, as set forth below:

1.-2. (No change.)

(c)-(d) (No change.)

13:34-4.4 Licensure by credentials

The Board shall issue a license as a marriage and family therapist to an applicant who holds a current, active license or certification as a marriage and family therapist in another state, provided the licensing requirements in that state are substantially equivalent to the requirements set forth in this chapter.

SUBCHAPTER 5. TEMPORARY PERMIT HOLDERS AND QUALIFIED SUPERVISORS

13:34-5.2 Temporary permit application procedure

(a) Pursuant to N.J.S.A. 45:8B-6(e) and 18(a), prior to the Board's approval of a three-year temporary permit, the applicant shall satisfy the following requirements:

1. The applicant shall submit a completed permit application;

2. The applicant shall have satisfied the educational requirements set forth in N.J.A.C. 13:34-4.2. An official transcript documenting satisfaction of the educational requirements shall be sent to the Board directly from the accredited institution and shall indicate the degree awarded, the applicant's field of study and the specific courses completed toward the degree;

3. The applicant shall submit a clinical marriage and family therapy supervision plan, which shall include a detailed job description and the location(s) where client contact and supervision will occur;

4. The applicant shall submit the supervisor's resume or curriculum vitae, which shall document that the supervisor has no less than five full-time years of professional marriage and family therapy practice experience or the equivalent and holds either a current, active New Jersey license to practice as a marriage and family therapist or has satisfied the educational requirements set forth in N.J.A.C. 13:34-4.3;

5. The applicant shall submit his or her fingerprints and written consent for a criminal history record background check to be performed pursuant to N.J.S.A. 49:3-56(p) to determine whether criminal history record information exists, which may be considered by the Board in determining whether the applicant shall be licensed in the State; and

6. The applicant submits the permit application fee set forth in N.J.A.C. 13:34-1.1.

SUBCHAPTER 6. GENERAL OBLIGATIONS OF A LICENSEE

13:34-6.3 Termination of service

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

(d) A licensee who intends to cease to engage in practice or anticipates that he or she will remain out-of-practice for more than three months shall comply with the requirements set forth in N.J.A.C. 13:34-2.1(a)3ii.

13:34-6.4 Sexual misconduct and harassment

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

(c) A licensee shall not seek, solicit or engage in sexual contact with a client with whom he or she has a current client-therapist relationship.

(d) A licensee shall not seek, solicit or engage in sexual contact with a current client's immediate family member, a former client, a former client's immediate family member or a former student when marriage and family therapy services were rendered to the client, former client or former student in the immediately preceding 24 months, or with a current student, supervisee, supervisor or research participant.

1. (No change.)

(e)-(k) (No change.)

SUBCHAPTER 7. ADVERTISING

13:34-7.3 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. The name of licensed marriage and family therapist;

2. The words "Licensed Marriage and Family Therapist" or "LMFT" followed by the 12-digit license number; and

3. The street address and telephone number of the practice location.

[page=3821] (b) (No change.)

SUBCHAPTER 9. CONTINUING EDUCATION

13:34-9.2 Contact hour requirement for licensed marriage and family therapists

(a) A marriage and family therapist applying for licensure renewal shall have completed a minimum of 40 contact hours of continuing education directly related to the profession of marriage and family therapy during the biennial renewal period. At least 20 of the 40 contact hours of continuing education shall be obtained by a licensee through face-to-face instruction.

(b) (No change.)

(c) A licensee shall complete at least three of the 40 contact hours of continuing education as required by N.J.A.C. 13:34-9.1 in the subject area of social and cultural competence. For the purposes of this subsection, social and cultural competence includes, but is not limited to, an understanding of the cultural context of relationships; issues and trends in a diverse society related to such factors as culture, ethnicity, nationality, age, gender, sexual orientation, mental and physical characteristics, education, family values, religious and spiritual values, socioeconomic status; and unique characteristics of individuals, couples, families, ethnic groups and communities including any of the following:

1.-3. (No change.)

4. Marriage and family therapists' roles in social justice, advocacy and conflict resolution, cultural self-awareness, the nature of biases, prejudices, process of intentional and unintentional oppression and discrimination and other culturally supported behaviors that are detrimental to the growth of the human spirit, mind or body;

5.-6. (No change.)

(d)-(e) (No change.)

13:34-9.3 Approval of continuing education programs and courses

(a) The following are acceptable sources of continuing education, as long as the course, program or article is applicable to marriage and family therapy or falls within the content areas set forth in (c) or (d) below:

1. Courses and programs approved by the following: the National Board for Certified Counselors (NBCC); the American Counseling Association (ACA); the American Psychological Association (APA); the American Psychiatric Association (APA); the National Association of Social Workers (NASW); the National Association of Social Workers-New Jersey (NASW-NJ); the American Association for Marriage and Family Therapy (AAMFT); the American Association for Marriage and Family Therapy of New Jersey, Inc. (AAMFT-NJ); the Commission on Rehabilitation Counselors Certification (CRCC); the American Ortho-Psychiatric Association; the American Medical Association (AMA); the American Nursing Association (ANA); the National Association of Drug Abuse Counselors (NADAC); a member of the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc.; the Commission of Accreditation for Marriage and Family Therapy Education (COAMFTE); the American Family Therapy Association (AFTA); the American Society of Addiction Medicine; the Association for Marriage and Family Therapy Regulatory Boards (AMFTRB); the International Family Therapy Association (IFTA); and the Council on Licensure, Enforcement and Regulation (CLEAR);

2.-6. (No change.)

(b) (No change.)

(c) The following are acceptable content areas for continuing education:

1. (No change.)

2. Professional ethics specifically related to the practice of marriage and family therapy, ethical and legal practice considerations, contractual agreements with clients (fees, payment plans, third party payers, treatment plans), confidentiality issues, recordkeeping, uses of computers and other technologies, distance and e-therapy, liabilities of practice and basic concepts in family law;

3.-12. (No change.)

(d) (No change.)

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

13:34-10.1 Purpose and scope

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

(c) This subchapter shall not apply to an individual exempt from the provisions of the Act pursuant to N.J.S.A. 45:8B-48, including, but not limited to, an individual acting within the scope of a profession or occupation licensed by this State and doing work of a nature consistent with the person's training, as long as the person does not hold himself or herself out to the public as a professional or associate counselor.

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 procedures" means methods and techniques that may be performed only by a licensed professional counselor or a licensed associate counselor under supervision pursuant to the provisions of N.J.A.C. 13:34-13. Counseling procedures include, but are not limited to, the following:

1.-2. (No change.)

3. Consulting, defined as applying scientific principles and procedures in counseling and human development to provide assistance in understanding and solving current or potential problems that the client(s) may have in relation to an individual, a group or an organization;

4. Referral, defined as evaluating and identifying needs of a client to determine the advisability of referral to other specialists, informing the client of such judgment and communicating as requested or deemed appropriate to such referral sources; and

5. (No change.)

"Direct supervision" means the ongoing process of supervision by a qualified supervisor who is immediately available to *[oversee the provision of counseling services]* *assist the licensed associate counselor* .

"Group supervision" means the ongoing process of supervising no more than six mental health counselors at one time in a group setting by a qualified supervisor.

"Independent practice of counseling" means providing counseling services in a private-for-profit setting by a licensed professional counselor or a licensed associate counselor working under the direct supervision of a qualified supervisor consistent with the requirements of N.J.A.C. 13:34-10.3.

"One calendar year" means a maximum of 1,500 hours of supervised counseling experience over a period of 52 weeks, which is considered full-time or no less than 750 hours of supervised counseling experience in each of two 52-week periods for a total of 1,500 hours of supervised counseling experience, which is considered part-time. No more than 30 hours of supervised counseling experience shall be obtained in any one week. No more than 125 hours of supervised counseling experience shall be earned in any one month.

"Professional counseling experience" means the rendering of professional counseling services while under the direct supervision of a qualified supervisor.

"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 an individual who holds a clinical license to provide mental health counseling services for a minimum of two years in the state where the services are being provided, and who has:

1. A clinical supervisor's certificate from the National Board for Certified Counselors Center for Credentialing and Education or its successor*[, the American Society of Addictive Medicine or its successor, the American Psychiatric Association or its successor]* or the [page=3822] American Association of Marriage and Family Therapy or its successor; or

2. Completed a minimum of three graduate credits in clinical supervision from a regionally accredited institution of higher education.

A "qualified supervisor" shall satisfy all requirements set forth in N.J.A.C. 13:34-13.1.

"Supervision" or "supervised" means the weekly interaction with a qualified supervisor who monitors the performance of the licensed associate counselor and provides weekly, documented, face-to-face consultation, guidance and instruction with respect to the counseling skills and competencies of the licensed associate counselor, 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.

13:34-10.3 Scope of practice; professional counselor and associate counselor

(a) (No change.)

(b) The scope of practice of a licensed associate counselor includes, but is not limited to, counseling, counseling interventions, appraisal and assessment, consulting, referral and research activities, as defined in N.J.A.C. 13:34-10.2, under direct supervision pursuant to the provisions of N.J.A.C. 13:34-13. A licensed associate counselor may only engage in the independent practice of counseling under the direct supervision of a qualified supervisor, consistent with the requirements of this section.

(c) An independent practice shall be owned and operated by a licensed professional counselor or a licensed healthcare professional that holds a clinical license to provide mental health counseling services.

SUBCHAPTER 11. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: APPLICATION PROCEDURE; DEFINITIONS

13:34-11.1 (Reserved)

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.-2. (No change.)

3. An official transcript(s) clearly indicating that the applicant has completed a minimum of 60 graduate semester hours and has obtained a master's degree or a doctorate in counseling in a planned educational program designed to prepare students for the professional practice of counseling from a regionally accredited institution of higher education. The degree and official transcript(s) shall clearly indicate that:

i. The degree awarded is a master's degree or doctorate in counseling. The word "Counseling" or the word "Counselor" shall appear in the title of the graduate degree awarded and the institution offering the degree shall state 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; and

ii. The applicant has completed a minimum of 60 graduate semester hours of which 45 graduate semester hours shall be distributed in at least eight of the following areas:

(1) (No change.)

(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 client change;

(3)-(9) (No change.)

(b) On or after *[(three years following effective date of this section)]* *October 5, 2012* , in order to be eligible for licensure, an applicant shall submit an official transcript(s) clearly indicating that the applicant has obtained a master's degree or doctorate from a counseling degree program accredited, at the time of the applicant's graduation, by the Council on the Accreditation of Counseling and Related Programs (CACREP) or its successor.

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. Two calendar years of supervised professional counseling experience shall have been obtained following licensure as an associate counselor. 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 *45 hours distributed in the eight areas of 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 as a licensed associate counselor in a professional counseling setting, provided that the applicant has earned, subsequent to completing the 60 graduate semester hours to include a 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 *45 hours distributed in the eight areas of 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 completion of the 60 graduate semester hours.

(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. 13:34-10.2. Professional counseling experience submitted to the Committee that 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.

13:34-11.4 Professional counselor: examination requirements

(a) 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 (NCE) or its successor, administered by the National Board for Certified Counselors (NBCC) or its successor.

(b) The applicant shall only be admitted to the NCE upon receipt of written permission from the Committee following the Committee's review of the applicant's coursework *, unless the NCE is taken as part of the applicant's graduate degree program or in another state pursuant to that state's examination requirements* .

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.-2. (No change.)

3. An official transcript(s) clearly indicating that the applicant has completed a minimum of 60 graduate semester hours and has obtained a master's degree or doctorate in counseling in a planned educational program designed to prepare students for the professional practice of counseling from a regionally accredited institution of higher education. The degree and official transcript(s) shall clearly indicate that:

i. The degree awarded is a master's degree or doctorate in counseling. The word "Counseling" or the word "Counselor" shall appear in the title of the graduate degree submitted and the institution offering the degree shall state 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; and

[page=3823] ii. The applicant 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) (No change.)

(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 client change;

(3)-(9) (No change.)

(b) On or after *[(three years following effective date of this section)]* *October 5, 2012* , in order to be eligible for licensure, an applicant shall submit an official transcript(s) clearly indicating that the applicant has obtained a master's degree or doctorate from a counseling degree program accredited, at the time of the applicant's graduation, by the Council on the Accreditation of Counseling and Related Programs (CACREP) or its successor.

13:34-11.6 Associate counselor: examination requirements

(a) 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 Committee that the applicant has successfully passed the National Counselor*[s]* Examination (NCE), or its successor, administered by the National Board for Certified Counselors (NBCC) or its successor.

(b) The applicant shall only be admitted to the NCE *[examination]* upon receipt of written permission from the Committee following the Committee's review of the applicant's coursework *, unless the NCE is taken as part of the applicant's graduate degree program or in another state pursuant to that state's examination requirements* .

13:34-11.7 Payment of licensing fee; abandonment of application

(a) An applicant for licensure shall submit the licensing fee set forth in N.J.A.C. 13:34-17.1 upon receipt of notification from the Committee that his or her application for licensure has been approved. Failure to submit the licensing fee within six months following the date of notification from the Committee shall result in the application for licensure being deemed abandoned.

(b) An applicant for licensure whose application has been deemed abandoned pursuant to (a) above shall submit a new application for licensure to the Committee and shall comply with all application requirements in this subchapter.

SUBCHAPTER 12. PROFESSIONAL COUNSELORS: LICENSURE BY ENDORSEMENT

13:34-12.1 Licensure by endorsement

(a) Applicants licensed to practice professional counseling by a professional counseling licensing board in the United States may apply to the Committee for a license by endorsement as a licensed professional counselor. Applicants shall have been engaged in active licensed practice for a period of three years immediately preceding the date of application and shall satisfy the requirements of this section.

(b) Applicants for licensure by endorsement shall register with the National Credentials Registry or its successor, approved by the American Association of State Counseling Boards (AASCB).

(c) An applicant for licensure by endorsement shall hold a master's degree or doctorate in counseling from a counseling program accredited by the Council for the Accreditation of Counseling and Related Educational Programs (CACREP). The word "Counseling" or the word "Counselor" shall appear in the title of the graduate degree awarded and the institution offering the degree shall state 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. The degree shall consist of at least 60 semester hours or 80 quarter hours of clinical and didactic instruction, including a course in human sexuality and a course in substance abuse.

(d) If an applicant for licensure by endorsement has a master's degree or doctorate in counseling from a regionally accredited program related to the practice of counseling that is not accredited by CACREP, the word "Counseling" or the word "Counselor" shall appear in the title of the graduate degree awarded and the institution offering the degree shall state 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. The applicant shall establish that the coursework and practicum, internship, and/or fieldwork for the program consists of at least 60 semester hours or 80 quarter hours, and is consistent with the following minimum requirements:

i. Thirty-three semester hours or 44 quarter hours of graduate coursework, which shall include a minimum of three semester hours or four quarter hours of graduate-level coursework in each of the following 11 content areas: counseling theories and practice; human growth and development; diagnosis and treatment of psychopathology; human sexuality; group theories and practice; individual evaluation and assessment; career and lifestyle assessment; research and program evaluation; social and cultural foundations; counseling in community settings; and substance abuse. Courses in research, thesis or dissertation work, practicums, internships or fieldwork may not be applied toward this requirement; and

ii. Three semester hours or four quarter hours of graduate-level coursework in legal, ethical and professional standards in the practice of mental health counseling, which includes goals, objectives and practices of professional counseling organizations, codes of ethics, legal considerations, standards of preparation, certifications and licensing and the role identity and professional obligations of mental health counselors. Courses in research, thesis or dissertation work, practicums, internships or fieldwork may not be applied toward this requirement; and

(e) An applicant for licensure by endorsement shall have 4,500 hours of work experience obtained over a period of time between three and six years.

(f) An applicant for licensure by endorsement shall have passed either the National Counselor*[s]* Examination (NCE) or the Clinical Mental Health Counseling Examination (CMHCE).

SUBCHAPTER 13. ASSOCIATE COUNSELORS: SUPERVISION

13:34-13.1 Supervisor qualifications; supervisor responsibilities

(a) A qualified supervisor, as defined in N.J.A.C. 13:34-10.2, shall meet the following requirements prior to supervising the provision of professional counseling services:

1. The individual shall have obtained 3,000 hours of work experience subsequent to holding a clinical license to provide mental health counseling services. The 3,000 hours shall have been obtained over a minimum of two years, but no more than six years; and

2. *[The]* *On or after October 5, 2011, the* individual shall hold an approved clinical supervisor credential from the Center for Credentialing and Education of the National Board for Certified Counselors (NBCC) or an equivalent clinical supervisor credential recognized by the individual's respective professional healthcare licensing board, if applicable *, or shall have completed a minimum of three graduate credits in clinical supervision from a regionally accredited institution of higher education* .

(b) A qualified supervisor shall be responsible for creating a written supervision plan with the licensed associate counselor. The supervision plan shall outline the work setting, the licensed associate counselor's job description, including the nature of his or her duties and his or her qualifications and the supervisor's responsibilities and qualifications. Supervision may be provided through live observation or through the review of videotapes, audiotapes and/or self-reporting of sessions with clients, consistent with the requirements of (d) below.

(c) The written supervision plan shall be approved by the Committee prior to the performance of counseling by the licensed associate counselor.

(d) A qualified supervisor shall perform and document the following activities with the licensed associate counselor:

1. The supervisor shall perform at least one of the following activities with the licensed associate counselor:

i. Work as a co-counselor with the licensed associate counselor;

ii. Observe the licensed associate counselor's sessions with clients;

iii. View videotapes of the licensed associate counselor's session with clients; or

[page=3824] iv. Listen to audiotapes of the licensed associate counselor's session with clients;

2. The supervisor shall perform at least one of the following activities with the licensed associate counselor:

i. React to case presentations given by the licensed associate counselor; or

ii. Conduct role-playing sessions with the licensed associate counselor; and

3. The supervisor shall perform all of the following activities:

i. Engage in problem-solving discussions with the licensed associate counselor concerning individual clients;

ii. Enter into problem-solving discussions concerning the licensed associate counselor's own problems that affect the licensed associate counselor's work with clients;

iii. Offer feedback to the licensed associate counselor concerning specific interventions utilized with clients;

iv. Offer feedback to the licensed associate counselor concerning the licensed associate counselor's personal qualities as they affect work with clients; and

v. Offer feedback to the licensed associate counselor concerning the supervision experience.

(e) A qualified supervisor shall maintain all documentation with respect to the supervision provided to licensed associate counselors for a minimum of three years. A qualified supervisor shall attest to compliance with the supervision requirements of this section by completing all forms provided by the Committee.

(f) A qualified supervisor shall not supervise more than a total of six mental health counselors at any one time.

(g) Prior to a licensed associate counselor'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 as defined in N.J.A.C. 13:34-10.2. 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.

(h) A qualified supervisor shall retain full professional responsibility for collecting fees from clients.

(i) A qualified supervisor shall be responsible for knowing the name and *either the* diagnosis *or the nature of the problem* of each client being treated by the licensed associate counselor. A supervisor shall be ultimately responsible for the welfare of the client with respect to the treatment being rendered by the licensed associate counselor.

(j) A qualified supervisor shall ensure that the licensed associate counselor maintains, on an annual basis until the licensed associate counselor is licensed as a professional 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 this section and shall indicate the hours and dates during which the licensed associate counselor has been under supervision, the nature of the cases assigned and the proficiency rating earned by the licensed associate counselor.

(k) A qualified supervisor shall supervise only in areas for which he or she possesses the requisite skills, training and experience.

(l) A qualified 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, current employers, relatives of the supervisor, immediate relatives of current clients, current students or close friends.

13:34-13.2 Responsibilities of licensed associate counselors

(a) The licensed associate counselor shall maintain documentation of supervised experience for each 52 week period of supervised experience until the licensed associate counselor is licensed as a professional counselor.

(b) A licensed associate counselor shall not engage in practice under supervision in any area for which the licensed associate counselor has not had appropriate education and training.

(c) A licensed associate counselor shall not engage in unsupervised or independent practice.

(d) A licensed associate counselor shall not receive a professional fee from a client. A licensed associate counselor may be compensated only through the supervisor or employing entity.

(e) A licensed associate counselor shall not advertise professional services.

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

(a) (No change.)

(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 and after the applicant was licensed as an associate counselor and the experience was supervised by a qualified supervisor as defined in N.J.A.C. 13:34-10.2.

(c)-(d) (No change.)

SUBCHAPTER 15. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: CONTINUING EDUCATION

13:34-15.1 License renewal and continuing education requirement

(a) All licensed professional counselors shall complete 40 contact hours of continuing education for license renewal, except during the period of initial licensure as provided in N.J.A.C. 13:34-15.2(a). The licensed professional counselor shall confirm on the renewal application that the licensee has completed all continuing education requirements pursuant to N.J.A.C. 13:34-15.1 and 15.2 during the biennial period preceding application for renewal.

(b) For the biennial renewal period beginning December 1, 2008, and for all subsequent biennial renewal periods thereafter, an associate counselor licensed for two or more biennial renewal periods, shall complete 40 contact hours of continuing education for all subsequent renewals of his or her license, consistent with the requirements of this subchapter.

13:34-15.4 Approval of courses or programs

(a) The following are acceptable sources of continuing education courses, programs and articles, as long as the courses, programs or articles fall within the content areas set forth in (c) or (d) below or are directly related to professional counseling:

1. Courses and programs approved by the National Board for Certified Counselors; the American Counseling Association; the American Psychological Association; the American Psychiatric Association; the National Association of Social Workers; the American Association for Marriage and Family Therapy; the Commission on Rehabilitation Counselors Certification; the American Orthopsychiatric Association; the American Medical Association; the American Nursing Association; the National Association of Alcoholism and Drug Abuse Counselors; the United States Psychiatric Rehabilitation Association; and the member boards of the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc.;

2.-4. (No change.)

(b) (No change.)

(c) The following are acceptable content areas for continuing education:

1. (No change.)

2. The helping relationship, which provides 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 client change;

3.-9. (No change.)

(d) (No change.)

[page=3825] SUBCHAPTER 17. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: FEES

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

13:34-18.1 Preparation and maintenance of client records

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

(c) The licensee shall include in the client record material pertinent to the nature and extent of the professional interaction, which shall include:

1.-6. (No change.)

7. Raw data and interpretation of tests, if administered;

8.-19. (No change.)

(d)-(i) (No change.)

13:34-18.3 Access to copy of client record

(a) For purposes of this section, "authorized representative" means, but is not necessarily limited to, a person designated by the client or a court to exercise rights under this section. An authorized representative may be the client's attorney or an agent of a third-party payor with whom the client has a contract, which provides that the third party be given access to records to assess a claim for monetary damages or reimbursement.

(b) A licensee may require the record request to be in writing. The licensee shall provide a copy of the client record and/or billing records, including reports relating to the client, no later than 30 days from receipt of a request from a client or duly authorized representative. Limitations on this requirement are set forth in (g) below and in N.J.A.C. 13:34-18.5.

(c)-(g) (No change.)

13:34-18.5 Confidentiality

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

(d) In the case of a client's death:

1. Confidentiality survives the client's death and a licensee shall preserve the confidentiality of information obtained from the client in the course of the licensee's teaching, practice or investigation;

2. The disclosure of information in a deceased client's records is governed by the same provisions for living clients set forth in N.J.A.C. 13:34-18.3, 18.4 and 18.6; and

3. A licensee shall retain a deceased client's record for at least seven years from the date of last entry, unless otherwise provided by law.

(e) A licensee may discuss the information obtained in clinical or consulting relationships, or in evaluating data concerning children, students, employees and others, only for professional purposes and only with persons clearly connected with the case, as provided under applicable State and Federal laws and regulations.

(f) A licensee may reveal, in writing, lectures or other public forums, personal information obtained during the course of professional work only as follows:

1. With prior consent of the clients or persons involved; or

2. Where the identity of the client or person involved is adequately disguised.

13:34-18.6 Minors

(a) Unless otherwise ordered by a court, if the client is a minor, a parent or legal guardian will be deemed to be an authorized representative, as defined at N.J.A.C. 13:34-18.3(a). When the client is more than 14 years of age, but has not yet reached the age of majority, the authorization shall be signed by the client and by the client's parent or legal guardian, pursuant to N.J.S.A. 45:14B-36(e).

(b) This section shall not require a licensee to release to a minor's parent or guardian records or information relating to the minor's sexually transmitted disease, termination of pregnancy or substance abuse or any other information that in the reasonable exercise of the licensee's professional judgment may adversely affect the minor's health or welfare.

(c) Unless otherwise ordered by a court, at least one parent or guardian shall consent to the treatment of a minor. If one parent consents, a licensee may treat a minor even over the objection of the other parent.

(d) The provisions at N.J.A.C. 13:34-18.3, 18.4 and 18.5, concerning access to client records, access by a managed health care plan to information in client records and confidentiality of records, shall apply to minors.

13:34-18.7 Transfer or disposal of records

(a) If a licensee ceases to engage in practice or it is anticipated that he or she will remain out-of-practice for more than three months, the licensee shall comply with the requirements concerning termination of services set forth at N.J.A.C. 13:34-30.5(c) and shall:

1. Establish a procedure by which clients can obtain a copy of the treatment records or acquiesce in the transfer of those records to another licensee or health care professional who is assuming responsibilities of the practice. However, a licensee shall not charge a client for a copy of the records, when the records will be used for purposes of continuing treatment or care;

2. Make reasonable efforts to directly notify any client treated during the six months preceding the cessation, providing information concerning the established procedure for retrieval of records; and

3. If a licensee is unable to notify all clients, publish a notice of the cessation and the established procedure for the retrieval of records in a newspaper of general circulation in the geographic location of the licensee's practice, at least once each month for the first three months after the cessation.

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

13:34-19.1 Posting of practice authorization and notification of availability of fee information

(a) All licensees, whether in an agency setting or conducting independent practice, shall ensure that the following notices are prominently displayed in a waiting room or other area where they will be visible to the licensee's clients:

1. Professional counselors and associate counselors are licensed by the Board of Marriage and Family Therapy Examiners, Professional Counselor Examiners Committee, an agency of the Division of Consumer Affairs. Any member of the consuming public having a complaint relative to the practice conducted by a professional or associate counselor shall notify the Professional Counselor Examiners Committee, PO Box 45007, 124 Halsey Street, Newark, New Jersey 07101, www.state.nj.us/lps/ca/medical/procounsel.htm, or the New Jersey Division of Consumer Affairs, PO Box 45027, 124 Halsey Street, Newark, New Jersey 07101, www.state.nj.us/lps/ca/comp.htm.

2. (No change.)

13:34-19.2 Notification of change of address or name; service of process; duty to notify

(a) (No change)

(b) A licensee whose name has been legally changed shall forward to the Committee by certified mail, return receipt requested, no later than 30 days following the change of name, legal evidence of such change and copies of two forms of identification, one of which shall be an United States government-issued or State government-issued photo identification. Upon receipt of these items, the Committee shall issue to the licensee a new license. Upon receipt of the new license, the licensee shall immediately remit the original license to the Committee.

(c) Service of an administrative complaint or other documents from the Board, the Committee, the Attorney General or the Division of Consumer Affairs at the address on file with the Committee shall be deemed adequate notice for the commencement of any inquiry or disciplinary proceeding.

(d) Each licensee shall, within 30 days of receiving a notice of disciplinary action taken against the licensee in another jurisdiction, report such action to the Committee in writing.

13:34-19.3 Sexual misconduct

(a) (No change.)

(b) A licensee shall not seek, solicit or engage in sexual contact with a client with whom he or she has a current client-counselor relationship.

(c)-(h) (No change.)

[page=3826] (i) A licensee shall not seek, solicit or engage in sexual contact with a current client's immediate family member, a former client, a former client's immediate family member or a former student when counseling services were rendered to the client, former client or former student within the immediately preceding 24 months, or with a current student, a current direct supervisor or supervisee or a current research subject. A licensee shall not seek, solicit, accept or participate in sexual contact with any person in exchange for professional services.

(j) (No change.)

(k) It shall not be a defense to any action under this section that:

1. The client, the client's immediate family member, former client, the former client's immediate family member, student, supervisor, supervisee or research subject solicited or consented to sexual contact with the licensee; or

2. The licensee was in love with or had affection for the client, the client's immediate family member, former client, the former client's immediate family, student, supervisor, supervisee or research subject.

13:34-19.4 Real estate arrangements

(a) A licensee may be an owner, investor or lessor in real estate utilized for the conduct of a professional practice, provided that rent, dividends or any other forms of remuneration are received solely on the basis of the investment or fair market value, as applicable to the circumstances.

(b) A licensee may lease space to or from another licensed health care professional to which clients are referred only where rent is a fixed fee determined by the fair market value, or less, and is for a regular term and not for sporadic use of the space.

(c) A licensee may lease professional space from a commercial entity on any arrangements consistent with standard business practice in the community, provided the arrangements do not affect the licensee's professional discretion in matters, including choice of clients, professional services offered or fees.

(d) The establishment of any lease, investment or other commercial relationship for the conduct of professional practice other than as set forth in this section shall require Committee approval for good cause shown.

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

(a) (No change.)

(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 any unlicensed practice during the period following licensure expiration, not to exceed the number of days short of 60 before the renewals were issued.

(c) Every holder of a license issued or renewed by the Committee 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)-(e) (No change.)

(f) A licensee who selects the inactive renewal option shall remain on inactive status for the entire renewal period unless, upon application to the Committee, the Committee permits the inactive licensee to return to active status. A licensee who seeks to return to active status shall submit the following:

1. A completed renewal application;

2. The renewal fee for the current biennial period set forth in N.J.A.C. 13:34-17.1;

3. An affidavit of employment listing each job held during the period the licensee was inactive, including the name, address and telephone number of each employer; and

4. Evidence that the licensee has maintained proficiency by completing the 40 contact hours of continuing education required for the renewal of an active license. The licensee shall complete the continuing education hours within three years prior to the date of application for the return to active status.

(g) A licensee who returns to active status shall not use any continuing education credits completed pursuant to (f)4 above toward satisfaction of the 40 contact hours of continuing education required for the renewal of the license at the end of the current biennial period.

13:34-19.6 Reinstatement

(a) An applicant whose license has been suspended for failure to renew pursuant to N.J.A.C. 13:34-19.5 for a period of five years or less shall be reinstated by the Committee upon submission of the following:

1. A completed reinstatement application;

2. A reinstatement fee and all past delinquent biennial renewal fees set forth in N.J.A.C. 13:34-17.1;

3. An affidavit of employment listing each job held during the period the individual was suspended, including the name, address and telephone number of each employer;

4. Any outstanding penalties imposed by the Committee; and

5. Evidence that the individual has maintained proficiency by completing the 40 contact hours of continuing education required for the renewal of an active license. The applicant shall complete the continuing education hours within three years prior to the date of application for reinstatement.

(b) An applicant whose license has been suspended for failure to renew pursuant to N.J.A.C. 13:34-19.5 for a period of more than five years shall be reinstated by the Committee upon successful completion of the licensing examination set forth in N.J.A.C. 13:34-11.4 within six months of the date of application and upon submission of the following:

1. A completed reinstatement application;

2. Payment of the reinstatement fee and all past delinquent biennial renewal fees set forth in N.J.A.C. 13:34-17.1;

3. An affidavit of employment listing each job held during the period the individual was suspended, including the name, address and telephone number of each employer; and

4. Any outstanding penalties imposed by the Committee.

(c) A licensee who is reinstated shall not use any continuing education credits completed pursuant to (a)5 above toward satisfaction of the 40 contact hours of continuing education required for the renewal of the license at the end of the current biennial period.

SUBCHAPTER 20. REHABILITATION COUNSELORS: PURPOSE AND SCOPE; DEFINITIONS; SCOPE OF PRACTICE

13:34-20.1 Purpose and scope

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

(c) This subchapter shall not apply to an individual exempt from the provisions of the Act pursuant to N.J.S.A. 45:8B-48, including, but not limited to, an individual acting within the scope of a profession or occupation licensed by this State and doing work of a nature consistent with the person's training, as long as the person does not hold himself or herself out to the public as a rehabilitation counselor.

13:34-20.2 Definitions

The following words and terms, as used in N.J.A.C. 13:34-20 through 28, shall have the following meanings, unless the context clearly indicates otherwise:

"Clinical assessment and evaluation of persons with disabilities" means assessing, analyzing and evaluating physical and psychiatric disabilities of persons with disabilities in terms of the vocational implications of disabilities and medical aspects and implications of disabilities, including physical and functional capacities of the person and the psychosocial and cultural impact of disabilities for the purpose of exploring possible solutions, developing goals, and developing personalized plans for identified needs.

"Group supervision" means the ongoing process of supervising no more than six mental health counselors in a group setting by a permissible qualified supervisor.

"Major life activities" include such activities as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working, consistent with the provisions of the Americans with Disabilities Act Code, 36 CFR 1191 et seq.

"One calendar year" means a maximum of 1,500 hours of supervised counseling experience over a period of 52 weeks, which is considered full-time or no less than 750 hours of supervised counseling experience in [page=3827] each of two 52 week periods for a total of 1,500 hours of supervised counseling experience, which is considered part-time. No more than 30 hours of supervised counseling experience shall be obtained in any one week. No more than 125 hours of supervised counseling experience shall be earned in any one month.

"Persons with disabilities" means persons who have a physical and/or psychiatric impairment that substantially limits one or more major life activities.

. . .

"Psychiatric disabilities" include mental or psychological disorders, such as mental retardation, organic brain syndrome, emotional or mental illness *, developmental disabilities* and specific learning disabilities.

"Qualified supervisor" means an individual who holds a clinical license to provide mental health counseling services for a minimum of two years in the state where the services are being provided, and who has:

1. A clinical supervisor's certificate from the National Board for Certified Counselors Center for Credentialing and Education or its successor, the American Society of Addictive Medicine or its successor, the American Psychiatric Association or its successor or the American Association of Marriage and Family Therapy or its successor; or

2. Completed a minimum of three graduate credits in clinical supervision from a regionally accredited institution of higher education.

A "qualified supervisor" shall satisfy all requirements set forth in N.J.A.C. 13:34-23.1.

"Rehabilitation counseling" means offering to assist or assisting, for a fee or other compensation, a person through a rehabilitation counseling relationship to develop an understanding of the personal, social and vocational impact of their disabilities and to plan and implement a rehabilitation program, which may include training to help the person become more independent and employable. Rehabilitation counseling entails the clinical assessment and evaluation of mental, emotional, behavioral and associated distresses, which interfere with mental health and development.

"Rehabilitation counseling experience" means the rendering of rehabilitation counseling services while under the supervision of a qualified supervisor.

"Rehabilitation counseling interventions" means services implemented in the context of a rehabilitation counseling relationship between a rehabilitation counselor and persons with disabilities and the application of individual and group counseling theories and strategies, career development and work adjustment theories and strategies, behavior and personality theories and strategies and family counseling theories and strategies, specifically implemented for the purpose of helping persons with disabilities to understand and to deal with the personal, social and vocational impact of their disabilities. "Rehabilitation counseling interventions" include, but are not limited to, the following:

1. Appraisal and assessment, defined as:

i. Selecting, administering, scoring and interpreting instruments designed to assess an individual's aptitudes, attitudes, abilities, achievements, interests, personal characteristics, disabilities and mental, emotional and behavioral disorders; and

ii. Using methods and techniques for understanding human behavior in relation to coping with, adapting to or changing life situations;

2. Counseling, defined as assisting an individual or group through the counseling relationship to develop an understanding of intrapersonal and interpersonal problems, to define goals, to make decisions, to plan a course of action reflecting the client's needs, interests and abilities and to use informational and community resources as these methods are related to career development and adjustment and to mental, emotional, social, educational and existential issues;

3. Consulting, defined as applying scientific principles and procedures in counseling and human development to provide assistance in understanding and solving current or potential problems that the client(s) may have in relation to an individual, a group or an organization;

4. Referral, defined as evaluating and identifying needs of a client to determine the advisability of referral to other specialists, informing the client of such judgment and communicating as requested or deemed appropriate to such referral sources; sources; and

5. Research, defined as a systematic effort to collect, analyze and interpret quantitative or qualitative data that describe how social characteristics, behavior, emotions, cognition, disabilities, mental disorders and interpersonal transactions among persons and organizations interact.

. . .

"Supervision" or "supervised" means the weekly interaction with a qualified supervisor who monitors the performance of the supervisee and provides weekly, documented face-to-face consultation, guidance and instruction with respect to the counseling skills and competencies of the supervisee and 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.

"Supervisee" means a person providing rehabilitation counseling services under the supervision of a qualified supervisor.

13:34-20.3 Scope of practice; rehabilitation counselor

The scope of practice of a rehabilitation counselor includes, but is not limited to, rehabilitation counseling interventions, clinical assessment and evaluation of persons with disabilities, program evaluation, and rehabilitation counseling as those terms are defined in N.J.A.C. 13:34-20.2.

SUBCHAPTER 21. REHABILITATION COUNSELORS: APPLICATION PROCEDURE; DEFINITIONS

13:34-21.1 (Reserved)

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.-2. (No change.)

3. An official transcript(s) indicating that the applicant has obtained a master's degree in a planned educational program designed to prepare students for the professional practice of rehabilitation counseling from a regionally accredited institution of higher education. The degree and official transcript shall clearly indicate coursework in the following areas:

i. Introduction to rehabilitation counseling that includes: an overview of the history and philosophy of the counseling profession, including legislation and public policies that affect individuals with disabilities; rehabilitation counseling scope of practice; codes of ethics and ethical decision-making; and societal issues and trends affecting the counseling profession;

ii. Counseling theories and practice that include the study of the major theories of counseling and personality, key concepts, the therapeutic process and applications in providing counseling services;

iii. Psychosocial aspects of disability that examine medical, psychosocial, functional and environmental aspects of disabilities with an emphasis on psychiatric, developmental, cognitive and substance abuse disabilities and includes techniques to facilitate adjustment and coping with disabilities for both individuals and families;

iv. Medical aspects of disability that examine medical, functional, environmental and psychosocial aspects of disabilities, including appropriate intervention resources, such as assistive technology and which focuses on the impact of physical and sensory disabilities on the individual, family and environment;

v. Evaluation and assessment that provides a comprehensive overview of the theories, principles, procedures and practices of appraisal of individuals that includes: discussion of data and information gathering; reliability, validity and other psychometric statistics; factors influencing appraisals; administering and interpreting tests and measurements to assess abilities, interests and identify career options that could be useful in the counseling relationship;

vi. Community counseling and resources that focus on the development of skills and provides information about systems resources to guide individuals successfully through the rehabilitation counseling process from referral to case closure and includes methods and practices for effective case management, case recording and documentation and interdisciplinary consultation in both public and private settings;

vii. Research methods that provide an overview of basic statistics and types of research studies; research implementation and report development; program evaluation, including needs assessment, outcomes [page=3828] assessment, consumer satisfaction measures, research publication and ethical and legal considerations in research;

viii. Group methods that focus on group leadership styles and techniques, group dynamics and group process and different types of groups for different purposes;

ix. Social and cultural diversity issues that focus on the development of the awareness, knowledge and skills needed to provide counseling services to clients from diverse backgrounds, including increasing self-knowledge of one's own personal cultural background, as well as developing a broad understanding of societal changes, trends and concerns and learning counseling skills to provide services in an environment of diversity;

x. Career development theory that focuses on theories of career and lifestyle development, including information about identifying career options, occupational and educational information and career decision making and planning;

xi. Career counseling and consultation that focuses on career development, advancement, getting and keeping employment, including approaches to working both with individuals seeking employment and with employers; and

xii. Practicum and internship that are designed for students to learn and practice advanced counseling skills in the context of establishing and maintaining helping relationships. A minimum of 100 hours of supervised field-based experience in an approved agency is required for the practicum, and 600 hours for the internship. Students shall attend weekly group and */or* individual supervision to increase client and helper self-understanding and development, as well as increase expertise in the facilitation of change; and

4. A supervisor's certification documenting that the applicant has met the supervision requirements for both the practicum and internship in rehabilitation counseling.

(b) On or after *[(three years following effective date of this section)]* *October 5, 2012* , in order to be eligible for licensure, an applicant shall submit an official transcript(s) clearly indicating that the applicant has obtained a master's degree from a rehabilitation counseling degree program accredited, at the time of the applicant's graduation, by the Council on Rehabilitation Education (CORE) or its successor.

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. (No change.)

2. Two calendar years of supervised rehabilitation counseling experience in a rehabilitation counseling setting. 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) (No change.)

13:34-21.4 Rehabilitation counselor: examination requirements

(a) 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.

(b) The applicant shall only be admitted to the Certified Rehabilitation Counselor Examination upon receipt of written permission from the Committee following the Committee's review of the applicant's coursework *, unless it is taken as part of the applicant's graduate degree program or it is taken in another state pursuant to that state's examination requirements* .

13:34-21.5 Payment of licensing fee; abandonment of application

(a) An applicant for licensure shall submit the licensing fee set forth in N.J.A.C. 13:34-26.1 upon receipt of notification from the Committee that his or her application for licensure has been approved. Failure to submit the licensing fee within six months following the date of notification from the Committee shall result in the application for licensure being deemed abandoned.

(b) An applicant for licensure whose application has been deemed abandoned pursuant to (a) above shall submit a new application for licensure to the Committee and shall comply with all application requirements in this subchapter.

SUBCHAPTER 23. REHABILITATION COUNSELORS: SUPERVISION

13:34-23.1 Supervisor qualifications; supervisor responsibilities

(a) A qualified supervisor, as defined in N.J.A.C. 13:34-21.1, shall meet the following requirements prior to supervising the provision of professional counseling services:

1. The individual shall have obtained 3,000 hours of work experience subsequent to holding a clinical license to provide mental health counseling services. The 3,000 hours shall have been obtained over a minimum of two years, but no more than six years; and

2. The individual shall hold an approved clinical supervisor credential from the Center for Credentialing and Education of the National Board for Certified Counselors (NBCC) or an equivalent clinical supervisor credential recognized by the individual's respective professional healthcare licensing board, if applicable.

(b) A qualified supervisor shall be responsible for creating a written supervision plan with the supervisee. The supervision plan shall outline the work setting, the supervisee's job description, including the nature of his or her duties and his or her qualifications and the supervisor's responsibilities and qualifications. Supervision may be provided through live observation or through the review of videotapes, audiotapes and/or self-reporting of sessions with clients, consistent with the requirements of (d) below.

(c) The written supervision plan shall be approved by the Committee prior to the performance of counseling by the supervisee.

(d) A qualified supervisor shall perform and document the following activities with the supervisee:

1. The supervisor shall perform at least one of the following activities with the supervisee:

i. Work as a co-counselor with the supervisee;

ii. Observe the supervisee's sessions with clients;

iii. View videotapes of the supervisee's session with clients; or

iv. Listen to audiotapes of the supervisee's session with clients.

2. The supervisor shall perform at least one of the following activities with the supervisee:

i. React to case presentations given by the supervisee; or

ii. Conduct role-playing sessions with the supervisee.

3. The supervisor shall perform all of the following activities:

i. Engage in problem-solving discussions with the supervisee concerning individual clients;

ii. Enter into problem-solving discussions concerning the supervisee's own problems that affect the supervisee's work with clients;

iii. Offer feedback to the supervisee concerning specific interventions utilized with clients;

iv. Offer feedback to the supervisee concerning the supervisee's personal qualities as they affect work with clients; and

v. Offer feedback to the supervisee concerning the supervision experience.

(e) A qualified supervisor shall maintain all documentation with respect to the supervision provided to supervisees for a minimum of three years. A qualified supervisor shall attest to compliance with the supervision requirements of this section by completing all forms provided by the Committee.

(f) A qualified supervisor shall not supervise more than a total of six mental health counselors at any one time.

(g) (No change in text.)

[page=3829] (h) A qualified supervisor shall retain full professional responsibility for collecting fees from clients.

(i) A qualified supervisor shall be responsible for knowing the name and diagnosis of each client being treated by a supervisee. A supervisor shall be ultimately responsible for the welfare of the client with respect to the treatment being rendered by the supervisee.

(j) A qualified 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 this section and shall indicate the hours and dates during which the supervisee has been under supervision, the nature of the cases being assigned, and the proficiency rating earned by the supervisee.

(k) A qualified supervisor shall supervise only in areas for which he or she possesses the requisite skills, training and experience.

(l) A qualified 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, current employers, relatives of the supervisor, immediate relatives of current clients, current students or close friends.

13:34-23.2 Responsibilities of supervisee

(a) The supervisee shall maintain documentation of supervised experience for each 52-week period of supervised experience until the supervisee is licensed as a rehabilitation counselor.

(b)-(e) (No change.)

SUBCHAPTER 24. REHABILITATION COUNSELORS: CONTINUING EDUCATION

13:34-24.1 License renewal and continuing education requirement

All licensed rehabilitation counselors shall complete 40 contact hours of continuing education for license renewal, except during the period of initial licensure as provided in N.J.A.C. 13:34-24.2(a). The licensed rehabilitation counselor shall confirm on the renewal application that the licensee has completed all continuing education requirements pursuant to N.J.A.C. 13:34-24.1 and 24.2 during the biennial period preceding application for renewal.

13:34-24.2 Contact-hour requirements for licensed rehabilitation counselors

(a) (No change.)

(b) A licensed rehabilitation counselor shall complete at least five of the 40 contact hours in ethical and legal standards in the counseling profession regardless of the number of contact hours accrued during the biennial period.

(c)-(e) (No change.)

13:34-24.3 Approval of courses or programs

(a) The following are acceptable sources of continuing education courses, programs and articles, as long as the courses, programs or articles fall within the content areas set forth in (c) or (d) below or are directly related to rehabilitation counseling:

1. Courses or programs approved by the National Board for Certified Counselors; the American Counseling Association; the American Psychological Association; the American Psychiatric Association; the National Association of Social Workers; the American Association for Marriage and Family Therapy; the Commission on Rehabilitation Counselors Certification; the American Orthopsychiatric Association; the American Medical Association; the American Nursing Association; the National Association of Alcoholism and Drug Abuse Counselors; the United States Psychiatric Rehabilitation Association; the National Rehabilitation Association; the member boards of the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc.; and the Commission on Certification of Work Adjustment and Vocational Evaluation Specialists;

2.-4. (No change.)

(b) (No change.)

(c) The following are acceptable content areas for continuing education:

1.-5. (No change.)

6. Rehabilitation services and resources;

Recodify existing 8.-9. as 7.-8. (No change in text.)

9. Ethical and legal standards in the counseling profession.

(d) (No change.)

SUBCHAPTER 26. REHABILITATION COUNSELORS: FEES

SUBCHAPTER 27. REHABILITATION COUNSELORS: CLIENT RECORDS; CONFIDENTIALITY

13:34-27.1 Preparation and maintenance of client records

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

(c) The licensee shall include in the client record material pertinent to the nature and extent of the professional interaction, which shall include:

1.-6. (No change.)

7. Raw data and interpretation of tests, if administered;

8.-19. (No change.)

(d)-(i) (No change.)

13:34-27.3 Access to copy of client record

(a) For purposes of this section, "authorized representative" means, but is not necessarily limited to, a person designated by the client or a court to exercise rights under this section. An authorized representative may be the client's attorney or an agent of a third-party payor with whom the client has a contract, which provides that the third-party payor be given access to records to assess a claim for monetary damages or reimbursement.

(b) A licensee may require the record request to be in writing. The licensee shall provide a copy of the client record and/or billing records, including reports relating to the client, no later than 30 days from receipt of a request from a client or duly authorized representative. Limitations on this requirement are set forth in (g) below and in N.J.A.C. 13:34-27.5.

(c)-(g) (No change.)

13:34-27.5 Confidentiality

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

(d) In the case of a client's death:

1. Confidentiality survives the client's death and a licensee shall preserve the confidentiality of information obtained from the client in the course of the licensee's teaching, practice or investigation;

2. The disclosure of information in a deceased client's records is governed by the same provisions for living clients set forth in N.J.A.C. 13:34-27.3, 27.4 and 27.6; and

3. A licensee shall retain a deceased client's record for at least seven years from the date of last entry, unless otherwise provided by law.

(e) A licensee may discuss the information obtained in clinical or consulting relationships or in evaluating data concerning children, students, employees and others, only for professional purposes and only with persons clearly connected with the case, as provided under applicable State and Federal laws and regulations.

(f) A licensee may reveal, in writing, lectures or other public forums, personal information obtained during the course of professional work only as follows:

1. With prior consent of the clients or persons involved; or

2. Where the identity of the client or person involved is adequately disguised.

13:34-27.6 Minors

(a) Unless otherwise ordered by a court, if the client is a minor, a parent or legal guardian will be deemed to be an authorized representative, as defined at N.J.A.C. 13:34-27.3(a). When the client is more than 14 years of age, but has not yet reached the age of majority, the authorization shall be signed by the client and by the client's parent or legal guardian, pursuant to N.J.S.A. 45:14B-36(e).

(b) This section shall not require a licensee to release to a minor's parent or guardian records or information relating to the minor's sexually transmitted disease, termination of pregnancy or substance abuse or any other information that in the reasonable exercise of the licensee's professional judgment may adversely affect the minor's health or welfare.

[page=3830] (c) Unless otherwise ordered by a court, at least one parent or guardian shall consent to the treatment of a minor. If one parent consents, a licensee may treat a minor even over the objection of the other parent.

(d) The provisions at N.J.A.C. 13:34-27.3, 27.4 and 27.5, concerning access to client records, access by a managed health care plan to information in client records and confidentiality of records, shall apply to minors.

13:34-27.7 Transfer or disposal of records

(a) If a licensee ceases to engage in practice or it is anticipated that he or she will remain out-of-practice for more than three months, the licensee shall comply with the requirements concerning termination of services set forth at N.J.A.C. 13:34-30.5(c) and shall:

1. Establish a procedure by which clients can obtain a copy of the treatment records or acquiesce in the transfer of those records to another licensee or health care professional who is assuming responsibilities of the practice. However, a licensee shall not charge a client for a copy of the records, when the records will be used for purposes of continuing treatment or care.

2. Make reasonable efforts to directly notify any client treated during the six months preceding the cessation, providing information concerning the established procedure for retrieval of records; and

3. If a licensee is unable to notify all clients, publish a notice of the cessation and the established procedure for the retrieval of records in a newspaper of general circulation in the geographic location of the licensee's practice, at least once each month for the first three months after the cessation.

SUBCHAPTER 28. REHABILITATION COUNSELORS: GENERAL OBLIGATIONS OF A LICENSEE

13:34-28.1 Posting of practice authorization and notification of availability of fee information

(a) All licensees, whether in an agency setting or conducting independent practice, shall ensure that the following notices are prominently displayed in a waiting room or other area where they will be visible to the licensee's clients:

1. Rehabilitation counselors are licensed by the Board of Marriage and Family Therapy Examiners, Professional Counselor Examiners Committee, an agency of the Division of Consumer Affairs. Any member of the consuming public having a complaint relative to the practice conducted by a rehabilitation counselor shall notify the Professional Counselor Examiners Committee, PO Box 45007, 124 Halsey Street, Newark, New Jersey 07101, www.state.nj.us/lps/ca/medical/procounsel.htm, or the New Jersey Division of Consumer Affairs, PO Box 45027, 124 Halsey Street, Newark, New Jersey 07101, www.state.nj.us/lps/ca/comp.htm.

2. (No change.)

13:34-28.2 Notification of change of address or name; service of process; duty to notify

(a) (No change.)

(b) A licensee whose name has been legally changed shall forward to the Committee by certified mail, return receipt requested, no later than 30 days following the change of name, legal evidence of such change and copies of two forms of identification, one of which shall be an United States government-issued or State government-issued photo identification. Upon receipt of these items, the Committee shall issue to the licensee a new license. Upon receipt of the new license, the licensee shall immediately remit the original license to the Committee.

(c) Service of an administrative complaint or other documents from the Board, the Committee, the Attorney General or the Division of Consumer Affairs at the address on file with the Committee shall be deemed adequate notice for the commencement of any inquiry or disciplinary proceeding.

(d) Each licensee shall, within 30 days of receiving a notice of disciplinary action taken against the licensee in another jurisdiction, report such action to the Committee in writing.

13:34-28.3 Sexual misconduct

(a) (No change.)

(b) A licensee shall not seek, solicit or engage in sexual contact with a client with whom he or she has a current client-counselor relationship.

(c)-(h) (No change.)

(i) A licensee shall not seek, solicit or engage in sexual contact with a current client's immediate family member, a former client, a former client's immediate family member or a former student when counseling services were rendered to the client, former client or former student within the immediately preceding 24 months, or with a current student, a current direct supervisor or supervisee, or a current research subject. A licensee shall not seek, solicit, accept or participate in sexual contact with any person in exchange for professional services.

(j) (No change.)

(k) It shall not be a defense to any action under this section that:

1. The client, the client's immediate family member, former client, the former client's immediate family member, student, supervisor, supervisee or research subject solicited or consented to sexual contact with the licensee; or

2. The licensee was in love with or had affection for the client, the client's immediate family member, former client, the former client's immediate family member, student, supervisor, supervisee or research subject.

13:34-28.4 Real estate arrangements

(a) A licensee may be an owner, investor or lessor in real estate utilized for the conduct of a professional practice, provided that rent, dividends or any other forms of remuneration are received solely on the basis of the investment or fair market value, as applicable to the circumstances.

(b) A licensee may lease space to or from another licensed health care professional to which clients are referred only where rent is a fixed fee determined by the fair market value or less, and is for a regular term and not for sporadic use of the space.

(c) A licensee may lease professional space from a commercial entity on any arrangements consistent with standard business practice in the community, provided the arrangements do not affect the licensee's professional discretion in matters, including choice of clients, professional services offered or fees.

(d) The establishment of any lease, investment or other commercial relationship for the conduct of professional practice other than as set forth in this section shall require Committee approval for good cause shown.

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

(a) (No change.)

(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 any unlicensed practice during the period following licensure expiration, not to exceed the number of days short of 60 before the renewals were issued.

(c) Every holder of a license issued or renewed by the Committee, 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)-(e) (No change.)

(f) A licensee who selects the inactive renewal option shall remain on inactive status for the entire renewal period unless, upon application to the Committee, the Committee permits the inactive licensee to return to active status. A licensee who seeks to return to active status shall submit the following:

1. A completed renewal application;

2. The renewal fee for the current biennial period set forth in N.J.A.C. 13:34-26.1;

3. An affidavit of employment listing each job held during the period the licensee was inactive, including the name, address and telephone number of each employer; and

4. Evidence that the licensee has maintained proficiency by completing the 40 contact hours of continuing education required for the renewal of an active license. The continuing education hours shall be [page=3831] completed by the applicant within three years prior to the date of application for the return to active status.

(g) A licensee who returns to active status shall not use any continuing education credits completed pursuant to (f)4 above toward satisfaction of the 40 contact hours of continuing education required for the renewal of the license at the end of the current biennial period.

13:34-28.6 Reinstatement

(a) An applicant whose license has been suspended for failure to renew pursuant to N.J.A.C. 13:34-28.5 for a period of five years or less shall be reinstated by the Committee upon submission of the following:

1. A completed reinstatement application;

2. A reinstatement fee and all past delinquent biennial renewal fees set forth in N.J.A.C. 13:34-26.1;

3. An affidavit of employment listing each job held during the period the individual was suspended, including the name, address and telephone number of each employer;

4. Any outstanding penalties imposed by the Committee; and

5. Evidence that the individual has maintained proficiency by completing the 40 contact hours of continuing education required for the renewal of an active license. The continuing education hours shall be completed by the applicant within three years prior to the date of application for reinstatement.

(b) An applicant whose license has been suspended for failure to renew pursuant to N.J.A.C. 13:34-28.5 for a period of more than five years shall be reinstated by the Committee upon successful completion of the licensing examination set forth in N.J.A.C. 13:34-21.4 within one year of the date of application and upon submission of the following:

1. A completed reinstatement application;

2. Payment of the reinstatement fee and all past delinquent biennial renewal fees set forth in N.J.A.C. 13:34-26.1;

3. An affidavit of employment listing each job held during the period the individual was suspended, including the name, address and telephone number of each employer; and

4. Any outstanding penalties imposed by the Committee.

(c) A licensee who is reinstated shall not use any continuing education credits completed pursuant to (a)5 above toward satisfaction of the 40 contact hours of continuing education required for the renewal of the license at the end of the current biennial period.

SUBCHAPTER 29. PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS AND REHABILITATION COUNSELORS: ADVERTISING

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:

. . .

"Licensee" means a licensed professional counselor, a licensed associate counselor and a licensed rehabilitation counselor.

. . .

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. The name of the licensee;

2. The words "Licensed Professional Counselor" or "LPC," "Licensed Associate Counselor" or "LAC" or "Licensed Rehabilitation Counselor" or "LRC," as applicable, followed by the 12-digit license number; and

3. The street address and telephone number of the practice location.

(b) (No change.)

13:34-29.4 Use of professional credentials and certifications

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

(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. A licensee shall not include any degree earned at an institution that is not regionally accredited;

2.-3. (No change.)

(e)-(f) (No change.)

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

13:34-30.1 Financial arrangements with clients

(a) (No change.)

(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, reduce the usual and customary fee or provide the services without charge. A professional or rehabilitation counselor shall not accept goods and/or services from a client in lieu of payment for professional services.

(c) Before providing counseling services, a professional or rehabilitation counselor shall assist the client to understand financial arrangements. The information shall include, but not be limited to:

1.-2. (No change.)

3. Whether the professional or rehabilitation counselor will accept installment payments; and

4. (No change.)

(d) (No change.)

13:34-30.2 Clients served by others

If a client is receiving counseling services from another mental health professional, the professional, associate or rehabilitation counselor, 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.

13:34-30.3 Multiple clients

When a professional, associate or rehabilitation counselor agrees to provide counseling services to two or more persons who have a relationship (such as husband and wife or parents and children), the professional, associate or rehabilitation counselor shall disclose in writing at the outset, which person or persons are clients and the nature of the relationships he or she will undertake with each involved person. The disclosure shall be retained in the client record. If it becomes apparent that the professional, associate or rehabilitation counselor may be called upon to perform conflicting roles, the professional, associate or rehabilitation counselor shall take appropriate steps to eliminate the conflict.

13:34-30.4 Conflicts of interest; dual relationships

(a) (No change.)

(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, supervision of friends and relatives and receipt of any goods and/or services from a client.

(c) (No change.)

13:34-30.5 Termination of services

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

(c) A professional, associate or rehabilitation counselor who anticipates the termination or interruption of services to a client shall notify the client promptly in writing, shall comply with the requirements for transfer of records set forth at N.J.A.C. 13:34-18.7 or 27.7, as applicable and shall seek the transfer, referral or continuation of service in relation to the client's needs and preferences.

(d) Notifications sent to a client pursuant to this section shall be retained in the client record.

[page=3832] 13:34-30.6 Prohibition on solicitation; unethical referrals and kickbacks

(a) A professional, associate 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)-(e) (No change.)

   
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