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N EW J ERSEY A DMINISTRATIVE C ODE
T ITLE 13
L AW AND P UBLIC S AFETY
C HAPTER 42
B OARD OF P SYCHOLOGICAL E XAMINERS
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CHAPTER TABLE OF CONTENTS
SUBCHAPTER 1. SCOPE OF PRACTICE; PERSONS REQUIRING LICENSURE; EXEMPTIONS FROM
LICENSURE; UNLICENSED PRACTICE............................................................................................6
13:42-1.1 Scope of practice ..................................................................................................................... 6
13:42-1.2 Persons requiring licensure; persons not requiring licensure .................................................... 7
13:42-1.3 Employment by a nonprofit bona fide community organization; exemption from licensure ..... 8
13:42-1.4 Student of psychology; exemption from licensure .................................................................. 10
13:42-1.5 Member of other professional group doing work of psychological nature; exemption from
licensure................................................................................................................................................ 10
13:42-1.6 Ineligibility for exemption ...................................................................................................... 12
SUBCHAPTER 2. INITIAL QUALIFICATIONS ................................................................................12
13:42-2.1 Application; qualifications to sit for examination ................................................................... 12
13:42-2.2 Academic degree in a field allied to psychology ..................................................................... 14
13:42-2.3 Equivalent training ................................................................................................................. 14
13:42-2.4 Degrees earned outside the United States ............................................................................. 15
SUBCHAPTER 3. ONE-YEAR UNSUPERVISED AND THREE-YEAR SUPERVISED TEMPORARY
PERMITS FOR TRAINING PENDING JURISPRUDENCE ONLINE EXAMINATIONS .........................15
13:42-3.1 One-year unsupervised permit ............................................................................................... 15
13:42-3.2 Three-year supervised permit ................................................................................................ 16
13:42-3.3 Limitation, suspension, or revocation of permit by Board ...................................................... 17
13:42-3.4 Extension of permit upon request of permit holder ............................................................... 17
13:42-3.5 Return of permit .................................................................................................................... 18
13:42-3.6 Responsibilities of applicant for one-year unsupervised and three-year supervised temporary
permits .................................................................................................................................................. 18
SUBCHAPTER 4. SUPERVISION OF CANDIDATES FOR LICENSURE .............................................19
13:42-4.1 Amount of supervision required ............................................................................................ 19
13:42-4.2 Authorized supervisors .......................................................................................................... 20
13:42-4.3 (Reserved) ............................................................................................................................. 20
13:42-4.4 Responsibilities of supervisor .................................................................................................
20
13:42-4.5 Supervision of individuals exempt from licensure .................................................................. 22
13:42-4.6 Financial arrangements between supervisor and supervisee .................................................. 22
SUBCHAPTER 5. EXAMINATION ................................................................................................22
13:42-5.1 Board-approved written examination; jurisprudence online examination .............................. 22
13:42-5.2 Examination review procedures ............................................................................................. 23
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13:42-5.3 Licensure by reciprocity ......................................................................................................... 23
13:42-5.4 License without examination ................................................................................................. 24
13:42-5.5 Subversion of the licensing examination process ................................................................... 25
13:42-5.6 Failure of examination; when retaking permitted .................................................................. 26
SUBCHAPTER 6. BOARD FEES ....................................................................................................26
13:42-6.1 Board fees ............................................................................................................................. 26
SUBCHAPTER 7. ACCEPTABLE PROFESSIONAL PRACTICE ..........................................................27
13:42-7.1 Independent practice ............................................................................................................. 27
13:42-7.2 Partnership, professional service corporation, or limited liability entity ................................. 28
13:42-7.3 Biofeedback; employer of biofeedback technician ................................................................. 29
13:42-7.4 Employer of neuropsychometric technician ........................................................................... 30
13:42-7.5 Shareholder or employee of a general business corporation .................................................. 31
13:42-7.6 Managed health care plans .................................................................................................... 32
13:42-7.7 Conduct of professional practice; quality control ................................................................... 33
13:42-7.8 Real estate arrangements ...................................................................................................... 34
SUBCHAPTER 8. CLIENT RECORDS: CONFIDENTIALITY ..............................................................34
13:42-8.1 Preparation and maintenance of client records ...................................................................... 34
13:42-8.2 Use of personal or other computer to prepare client records ................................................. 37
13:42-8.3 Access to copy of client record ............................................................................................... 37
13:42-8.4 Access by a managed health care plan to information in client record ................................... 39
13:42-8.5 Confidentiality ....................................................................................................................... 39
13:42-8.6 Minors ................................................................................................................................... 40
SUBCHAPTER 9. ADVERTISING ..................................................................................................41
13:42-9.1 Definitions ............................................................................................................................. 41
13:42-9.2 Advertising; general requirements ......................................................................................... 42
13:42-9.3 Minimum content of advertising ............................................................................................
42
13:42-9.4 Use of professional credentials and certifications .................................................................. 43
13:42-9.5 Advertising making reference to or setting forth a fee; required disclosures .......................... 43
13:42-9.6 Use of testimonials ................................................................................................................ 44
13:42-9.7 Prohibited types or methods of advertising............................................................................ 44
13:42-9.8 Retention of advertisements .................................................................................................. 45
13:42-9.9 Misleading implications of licensure ...................................................................................... 46
SUBCHAPTER 10. GENERAL OBLIGATIONS OF A LICENSEE ........................................................46
13:42-10.1 Posting of practice authorization ......................................................................................... 46
13:42-10.2 Notification of change of address; service of process ........................................................... 47
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13:42-10.3 (Reserved) ........................................................................................................................... 47
13:42-10.4 Professional responsibilities to the Board, other regulatory authorities, or the public .......... 47
13:42-10.5 Maintaining competence in testing situations ...................................................................... 48
13:42-10.6 Research .............................................................................................................................. 49
13:42-10.7 Reporting of violations of other licensees ............................................................................ 50
13:42-10.8 Professional interactions with clients ................................................................................... 51
13:42-10.9 Sexual misconduct ............................................................................................................... 51
13:42-10.10 Financial arrangements with clients and others.................................................................. 53
13:42-10.11 Prohibition on excessive fees ............................................................................................. 54
13:42-10.12 Billing ................................................................................................................................. 55
13:42-10.13 Conflicts of interest; dual relationships .............................................................................. 56
13:42-10.14 Prohibition on referral fees and fee splitting ...................................................................... 57
13:42-10.15 (Reserved) ......................................................................................................................... 57
13:42-10.16 Client accessibility to therapist of choice ............................................................................ 57
13:42-10.17 License renewal ................................................................................................................. 57
13:42-10.18 License reactivation ........................................................................................................... 58
13:42-10.19 License reinstatement ........................................................................................................ 60
13:42-10.20 Continuing education ......................................................................................................... 61
13:42-10.21 Continuing education programs ......................................................................................... 62
13:42-10.22 Continuing education audits; records of continuing education ........................................... 63
13:42-10.23 Waiver of continuing education requirements ................................................................... 64
13:42-10.24 Additional continuing education requirements .................................................................. 64
SUBCHAPTER 11. ACCESS TO TREATMENT INFORMATION IN DESIGNATED HEALTH INSURANCE
PROGRAMS...............................................................................................................................65
13:42-11.1 Purpose and scope ............................................................................................................... 65
13:42-11.2 Definitions ...........................................................................................................................
66
13:42-11.3 Stage I (Preliminary Disclosure); required authorization ....................................................... 67
13:42-11.4 Stage I: Information to be provided to the third party payor ................................................ 68
13:42-11.5 Stages II, III and IV; Information to be provided to Independent Professional Review
Committee ............................................................................................................................................ 69
13:42-11.6 Independent Professional Review Committee; responsibilities of the Board ........................ 70
13:42-11.7 Stage II review by Independent Professional Review Committee .......................................... 70
13:42-11.8 Stage III Review by Independent Professional Review Committee ........................................ 71
13:42-11.9 Stage IV review by Independent Professional Review Committee......................................... 71
13:42-11.10 Independent Professional Review Committee; responsibilities of reviewers ....................... 72
13:42-11.11 Independent Board investigation ....................................................................................... 72
13:42-11.12 Circumstances in which IPRC process is not required ......................................................... 73
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SUBCHAPTER 12. CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF
PARENTAL RIGHTS EVALUATIONS ............................................................................................74
13:42-12.1 Purpose and scope ............................................................................................................... 74
13:42-12.2 Qualifications ....................................................................................................................... 74
13:42-12.3 Dual relationships ................................................................................................................ 75
13:42-12.4 Communications .................................................................................................................. 76
13:42-12.5 Required disclosures ............................................................................................................ 76
13:42-12.6 Fees ..................................................................................................................................... 77
13:42-12.7 Reports and recommendations ............................................................................................ 77
SUBCHAPTER 13. TELEMEDICINE ..............................................................................................78
13:42-13.1 Purpose and scope ............................................................................................................... 78
13:42-13.2 Definitions ........................................................................................................................... 79
13:42-13.3 Standard of care .................................................................................................................. 80
13:42-13.4 Licensee-client relationship .................................................................................................. 80
13:42-13.5 Provision of psychological services through telemedicine or telehealth................................ 81
13:42-13.6 Records................................................................................................................................ 83
13:42-13.7 Prevention of fraud and abuse ............................................................................................. 83
13:42-13.8 Privacy and notice to clients................................................................................................. 84
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SUBCHAPTER 1.
SCOPE OF PRACTICE; PERSONS REQUIRING LICENSURE;
EXEMPTIONS FROM LICENSURE; UNLICENSED PRACTICE
13:42-1.1 SCOPE OF PRACTICE
a) The scope of practice of a licensed psychologist includes, but is not limited to, the use or
advertisement of the use of theories, principles, procedures, techniques or devices of
psychology, whether or not for a fee or other recompense. Psychological services include,
but are not limited to:
1)
Psychological assessment of a person or group including, but not limited to:
administration or interpretation of psychological tests and devices for the purpose of
educational placement, job placement, job suitability, personality evaluation, intelligence,
psychodiagnosis, treatment planning and disposition; career and vocational planning and
development; personal development; management development; institutional
placements; and assessments in connection with legal proceedings and the actions of
governmental agencies including, but not limited to, cases involving education, divorce,
child custody, disability issues and criminal matters;
2)
Psychological intervention or consultation in the form of verbal, behavioral or written
interaction to promote optimal development or growth or to ameliorate personality
disturbances or maladjustments of an individual or group. Psychological intervention
includes, but is not limited to, individual, couples, group and family psychotherapy, and
psychological consultation includes consultation to or for private individuals, groups and
organizations and to or for governmental agencies, police and any level of the judicial
system;
3)
Use of psychological principles, which are operating assumptions derived from the
theories of psychology that include, but are not limited to: personality, motivation,
learning and behavior systems, psychophysiological psychology including biofeedback,
neuropsychology, cognitive psychology and psychological measurement; and
4)
Use of psychological procedures, which are applications employing the principles of
psychology and associated techniques, instruments and devices. These procedures
include, but are not limited to, psychological interviews, counseling, psychotherapy,
hypnotherapy, biofeedback, and psychological assessments.
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13:42-1.2 PERSONS REQUIRING LICENSURE; PERSONS NOT REQUIRING
LICENSURE
a) Persons requiring licensure include all those whose conduct is within the scope of practice
set forth in N.J.A.C. 13:42-1.1 and whose practice is not otherwise exempt pursuant to
N.J.S.A. 45:14B-6, and 45:14B-8, N.J.A.C. 13:42-1.4 and 1.5 and (b) below, including the
following:
1)
Persons offering services to the public in private practice, in partnership with other
licensed health care professionals, in professional service corporations as shareholders
or employees, and in or affiliated with all forms of managed health care organizations (for
example, HMO, PPO, IPA, etc.); and
2)
Employees of general business corporations to the extent such practice is permitted
pursuant to N.J.A.C. 13:42-7.5.
b) Persons not requiring licensure are limited to persons engaged in the practice of
hypnocounseling as well as those whose conduct and practice is exempt from licensure
pursuant to this subchapter.
1)
For purposes of this subsection, hypnocounseling means the induction of a hypnotic
state by applying individualized techniques to induce hypnosis in order to assist clients
with stress management not related to a medical or mental health disorder, altering
habits such as smoking and weight management, increasing client motivation in
employment, the workplace and in sports activities and enhancing creative, artistic and
scholastic endeavors.
2)
The services of a hypnocounselor shall be limited to:
i) Interviewing a client to determine the nature of the client's problem;
ii) Assessing the client's suitability for hypnocounseling;
iii) Testing a prospective client to determine the client's level of suggestibility;
iv) Preparing clients for hypnosis through an explanation of the process and procedures
used as well as a description of the resulting hypnotic state to be experienced by the
client;
v) Teaching self-hypnosis to clients;
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vi) Inducing the hypnotic state; and
vii) Applying hypnotic techniques.
13:42-1.3 EMPLOYMENT BY A NONPROFIT BONA FIDE COMMUNITY
ORGANIZATION; EXEMPTION FROM LICENSURE
a) Pursuant to N.J.S.A. 45:14B-6(a)3, an employee of a nonprofit organization which is a bona
fide community agency supported wholly or in major part by public funds who, as part of his
or her duties as an employee, does or performs psychological services is exempted from
licensure provided the employee is under the direct supervision of a licensed practicing
psychologist. For purposes of this section, "direct supervision" shall mean acts performed at
a nonprofit bona fide community organization wherein he or she is constantly accessible,
either on-site or through electronic communication, and available to render assistance when
required and that the licensee shall retain full professional responsibility for client care and
treatment.
b) For purposes of this section, the term "public funds" shall not mean payments by Medicare or
Medicaid or other public or private insurance fund on behalf of an individual client to an
individual provider (directly or through a professional service corporation) licensed by the
Board.
c) For purposes of this section, the term "non-profit bona fide community organization" shall
mean:
1)
An entity which is exempt from taxation pursuant to section 501 of the United States
Internal Revenue Code and which meets one of the following definitions. The
organization shall be:
i) A corporate entity or any community chest, fund or foundation organized and
operated exclusively for religious or charitable purposes;
ii) A civic league or organization not organized for profit but operated exclusively for the
promotion of social welfare; or
iii) A religious society devoted exclusively to charitable or religious purposes; or
2)
An entity which has as its commitment the delivery of mental health services to clients
who are amenable to those forms of psychological services customarily provided by the
organization and which meets one of the following definitions:
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i) The organization receives 50 percent or more of its funding in the form of public
monies from a budget line or grant appropriated on a quarterly, twice-yearly, annual
or other regular basis; or
ii) The organization has publicly and permanently committed itself to accepting, without
numerical, restriction, clients whose treatment shall be reimbursed either by Medicaid
or Medicare or other public insurance program funding.
d) Examples of organizations which may be considered bona fide non-profit community
organizations under the definition set forth in (c)2 above include private or public non-
psychiatric hospitals which are licensed by the New Jersey State Department of Health to
provide health and medical care to the general public and which have a designated
psychiatric unit.
e) At the time employment of the employee, who as part of his or her duties as an employee
does or performs psychological services, commences, the exempt entity or exempt
practitioner shall submit to the Board a notice specifying the following information:
1)
The public commitment of the organization and the basis for exemption under this
section;
2)
The name of the New Jersey licensed psychologist(s) or psychiatrist(s) or other licensed
mental health care practitioner authorized by law to render professional mental health
services at the organization's facility; and
3)
The name of each employee who as part of his or her duties as an employee does or
performs psychological services. The employee shall not be an independent contractor.
f) The exempt entity may submit notice on behalf of the employee(s), and a single annual
notice in January of each year shall suffice to retain the exemption for that year. The exempt
entity shall update the notice as necessary, and the Board will acknowledge receipt of each
notice.
g) Exemption shall be conditioned upon the employing organization continuing to meet the
criteria of this section and N.J.S.A. 45:14B-6 as it may be affected by other applicable law.
h) An unlicensed employee who as part of his or her duties as an employee does or performs
psychological services shall not identify him- or herself, or be identified by others, as a
psychologist.
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13:42-1.4 STUDENT OF PSYCHOLOGY; EXEMPTION FROM LICENSURE
a) For purposes of this section, "student of psychology" means a person who is presently
registered at a regionally accredited institution and there matriculated into a graduate
program of study leading toward a doctoral degree in psychology or an allied field.
b) A student of psychology may be exempt from licensure under the Act provided that the
student is under the supervision of an authorized supervisor as set forth in N.J.A.C. 13:42-
4.2.
c) The student's authorized supervisor shall be responsible for ensuring that:
1)
The student's participation in the training program is a requirement of the graduate
psychology program;
2)
The student's transcript (or previous transcripts accepted by the degree-granting college
or university as specifically supportive of the present graduate program leading toward
the graduate degree) reflects prior academic training specific to the duties assigned to
the student; and
3)
The student is clearly identified as a student intern or extern prior to engaging in
psychological practice.
13:42-1.5 MEMBER OF OTHER PROFESSIONAL GROUP DOING WORK OF
PSYCHOLOGICAL NATURE; EXEMPTION FROM LICENSURE
a) The following individuals, who do work of a psychological nature consistent with the
accepted standards of their respective professions, are exempt from licensure under the
Practicing Psychology Licensing Act provided they do not hold themselves out to the public
by any title or description stating or implying that such person is a psychologist or is licensed
to practice psychology:
1)
A licensed allopathic or osteopathic physician;
2)
A licensed optometrist;
3)
A licensed chiropractor;
4)
A member of the clergy or pastoral counselor directly affiliated with a recognized ministry
and employed by that ministry to provide psychological services;
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5)
A licensed attorney at law;
6)
A licensed social worker under the supervision of a duly licensed mental health
professional;
7)
A licensed clinical social worker;
8)
A licensed registered nurse certified by the Society of Clinical Specialists in Psychiatric
Nursing of the American Nurses Association;
9)
A person employed by the Federal government and solely in a Federal installation;
10)
An authorized practitioner as designated by a New Jersey court of competent jurisdiction
to perform services which may be psychological in nature pursuant to Rule of Court 5:3-
3;
11)
A school psychologist or guidance counselor who is certified by the New Jersey State
Department of Education and who is employed by, and whose services are rendered in
or for, a public or private school. No exemption shall be permitted to any school
psychologist/counselor not certified by a governmental department of the State of New
Jersey and not employed in an exempt setting as set forth in N.J.A.C. 13:42-1.3 and
N.J.S.A. 45:14B-6(a)1 and (b) unless otherwise authorized by law;
12)
A professional counselor or associate counselor licensed pursuant to N.J.S.A. 45:8B-1 et
seq., as amended by P.L. 1993, c.340;
13)
A licensed marriage and family therapist;
14)
A licensed occupational therapist;
15)
A licensed physical therapist;
16)
A career counselor registered pursuant to N.J.S.A. 34:8-65 et seq.; and
17)
Any other category of practitioners specifically authorized by law to perform work of a
psychological nature consistent with the accepted standards of their respective
professions/occupations.
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13:42-1.6 INELIGIBILITY FOR EXEMPTION
A person denied a permit or license for reasons other than clear educational deficiency, or
whose permit or license has been suspended, revoked or limited by the Board, shall be deemed
ineligible to be employed in an exempt setting as defined in or to qualify for practice under
N.J.S.A. 45:14B-6 except by order of the Board.
SUBCHAPTER 2.
INITIAL QUALIFICATIONS
13:42-2.1 APPLICATION; QUALIFICATIONS TO SIT FOR EXAMINATION
a) An applicant for licensure shall file with the Board an application together with all supporting
material. The application form requests a brief summary of educational and employment
experience. Supporting material required to be submitted with the application includes official
transcripts; an abstract of the applicant's doctoral dissertation as published in Dissertation
Abstracts International; and two certificates of good moral character. Documentation of two
years of full time or full time equivalent supervised experience in the practice of psychology
is required upon the applicant's completion of such experience.
b) In order to be eligible to sit for the examination, an applicant shall have two years of full-time
or full-time-equivalent supervised experience in accordance with N.J.A.C. 13:42-4 and:
1)
An earned doctorate, which meets the criteria set forth in (d) through (j) below, in the
field of psychology from an educational institution recognized by the Board;
2)
An earned doctorate, which meets the criteria set forth in (d) through (j) below, in a field
allied to psychology; or
3)
Equivalent training as set forth in N.J.A.C. 13:42-2.3.
c) The institution at which the applicant earned his or her doctorate shall have been fully
accredited during the entirety of the applicant's attendance by a regional accrediting body
recognized by the United States Department of Education, Office of Postsecondary
Education. Alternatively, an educational institutional program shall have been granted
continuous provisional accreditation by a regional accrediting body recognized by the United
States Department of Education, Office of Postsecondary Education during the entirety of
the applicant's attendance, with full accreditation having been awarded within five years of
the candidate's graduation.
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d) No more than one-third of the doctoral credits shall have been transferred from other
regionally/nationally accredited graduate schools.
e) The doctoral degree must be based upon at least 40 doctoral credit hours earned specifically
within the field of psychology and within a doctoral program requiring personal attendance at
the degree-granting institution that meets the requirements of (f) below. Thirty-six of the
required 40 credit hours shall be distributed across the following areas of graduate study:
1)
Personality Theory and Human Development Theory: six credits;
2)
Learning Theory and/or Physiological Psychology: six credits;
3)
Psychological Measurement and Psychological Assessment: six credits;
4)
Psychopathology: six credits;
5)
Psychological therapy/counseling or Industrial/Organizational Psychology: six credits;
and
6)
Research and Statistical Design: six credits.
f) In order to qualify as a doctoral program for the purposes of (e) above, a doctoral program
shall:
1)
Be accredited by the American Psychological Association or the Canadian Psychological
Association, or listed by the Association of State and Provincial Psychology
Boards/National Register Joint Designation; or
2)
Meet the following:
i) Have full-time faculty who are doctorally prepared in psychology;
ii) Require full-time students to physically attend classes on campus for at least one
academic year; and
iii) Require part-time students to physically attend classes on campus for at least two
academic years.
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g) An applicant for licensure who was enrolled in a doctoral program prior to September 19,
2011 shall not be required to show that the doctoral program met the requirements of (f)
above.
h) The applicant shall submit evidence of an additional 20 credit hours, also specifically in the
field of psychology, but which were not necessarily obtained as part of the doctoral program.
The additional 20 credits can have been granted at a pre-doctoral or post-doctoral graduate
level and must have been obtained as part of an educational program in a regionally
accredited institution.
i) The Board may, in its discretion, recognize up to six credits for a dissertation which is
psychological in nature. The six credits may be used either to satisfy the requirement of
having at least 40 doctoral credit hours specifically within the field of psychology and earned
within a doctoral program, or to satisfy a credit deficiency in one or more of the required
distribution areas of doctoral study.
j) The Board may, in its discretion, accept up to nine credits, taken at a regionally accredited
school or university, to remediate a deficiency in the requirements of (e) and (h) above.
13:42-2.2 ACADEMIC DEGREE IN A FIELD ALLIED TO PSYCHOLOGY
a) An applicant for licensure based on receipt of an earned doctoral degree in a field allied to
psychology shall arrange for transmittal to the Board of an official copy of all undergraduate
and graduate transcripts from a regionally and/or nationally accredited educational institution
or one which is recognized by the New Jersey State Department of Higher Education and by
the Board.
b) The doctorate degree must meet the criteria set forth in N.J.A.C. 13:42-2.1(d) through (f),
and the doctoral dissertation must be psychological in nature.
13:42-2.3 EQUIVALENT TRAINING
a) An applicant for licensure based on equivalent training shall submit evidence to the Board
that the applicant has all of the following equivalent training:
1)
An earned doctorate based upon a dissertation which is clearly psychological in nature
from a regionally and/or nationally accredited educational institution or one which is
recognized by the New Jersey State Department of Higher Education and by the Board;
or, if the dissertation is not clearly psychological in nature, authorship of work in a
refereed scholarly publication which work the Board deems to be clearly psychological in
nature and equivalent to a dissertation; and
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2)
Extensive experience, subsequent to receipt of the earned doctorate and for at least the
five years immediately preceding application, in the field of applied psychology. The
applicant's work in the field of applied psychology must be generally accepted by the
local and/or regional psychological community as meeting the standards of professional
psychological practice and contributing substantially to that community; and
3)
Substantial formal post-doctoral study in a training program accredited by a bona fide
accrediting body acceptable to the Board.
13:42-2.4 DEGREES EARNED OUTSIDE THE UNITED STATES
a) An applicant for licensure trained in an educational institution outside the United States shall
demonstrate to the satisfaction of the Board that he or she possesses a doctorate degree in
psychology that is equivalent to a degree earned from a regionally accredited university in
the United States.
b) Individuals who apply pursuant to (a) above shall provide the Board with a comprehensive
evaluation of their degree performed by the National Register of Health Service
Psychologists or a foreign credential evaluation service that is member of the National
Association of Credential Evaluation Services (NACES) and acceptable to the Board, and
any other documentation the Board deems necessary.
SUBCHAPTER 3.
ONE-YEAR UNSUPERVISED AND THREE-YEAR SUPERVISED
TEMPORARY PERMITS FOR TRAINING PENDING JURISPRUDENCE
ONLINE EXAMINATIONS
13:42-3.1 ONE-YEAR UNSUPERVISED PERMIT
a) The Board shall issue a numbered temporary permit for the unsupervised practice of
psychology for a period not to exceed one year to a psychologist who:
1)
Holds a license in good standing as a psychologist in another state with licensure
requirements substantially similar to those of this State;
2)
Otherwise qualifies for licensure pursuant to the Practicing Psychology Licensing Act,
N.J.S.A. 45:14B-1 et seq.;
3)
Has not engaged in any act or practice which would be the basis for denying a permit
under the Uniform Enforcement Act, N.J.S.A. 45:1-14 et seq.;
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4)
Meets all requirements of New Jersey law other than completing the jurisprudence online
examination in this State;
5)
Has had at least two years of active post-doctoral experience in the practice of applied
psychology within the four years immediately preceding application;
6)
Has had no disciplinary action taken against a license to practice psychology held in any
other state;
7)
Provides the Board with a specific written plan for the practice of psychology in this State
during the one-year term of unsupervised practice including, but not limited to, the
number and kind of cases to be assumed, any affiliation or association with another
mental health care provider in this State, and a statement in regard to whether the permit
holder will be billing clients for psychological services directly or through another entity
such as an employer; and
8)
Has filed an application for licensure with the Board.
b) The holder of an unsupervised temporary permit pursuant to (a) above shall, within 90 days
of issuance of the permit, complete the jurisprudence online examination. Failure to meet
this deadline may, upon notice to the permit holder, result in revocation of the permit.
c) The permit holder shall complete the examination process before the expiration of the
permit.
d) The permit holder shall assume only the number and kind of cases that can be readily
transferred to a licensed psychologist in the event the permit holder fails the examination or
has his or her permit suspended or revoked prior to the expiration of the one-year period.
13:42-3.2 THREE-YEAR SUPERVISED PERMIT
a) The Board shall issue a numbered temporary permit for the supervised practice of
psychology for a period not to exceed three years to a qualified individual who meets all the
requirements of New Jersey law, including the Practicing Psychology Licensing Act, N.J.S.A.
45:14B-1 et seq., other than the requisite number of hours of post-doctoral supervised
experience and/or passing the written examination and completing the jurisprudence online
examination and has not engaged in any act or practice which would be the basis for
denying a permit under the Uniform Enforcement Act, N.J.S.A. 45:1-14 et seq. An applicant
for licensure who has not completed the requirement for post-doctoral supervised experience
shall be required to obtain a three-year supervised permit and comply with all of the
provisions of this subchapter, including those applicants who intend to obtain the supervised
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experience in a practice or facility that is otherwise exempt pursuant to N.J.S.A. 45:14B-6 or
45:14B-8 or N.J.A.C. 13:42-1.2, 1.3, 1.4, or 1.5.
b) The permit holder shall practice only in accordance with the standards of supervised practice
set forth in N.J.A.C. 13:42-4.
c) The permit holder shall obtain the required supervised experience and successfully complete
the written examination and jurisprudence online examination prior to the expiration of the
permit.
d) The permit holder shall undertake only the number and kind of cases that may be readily
transferred to a licensed psychologist should the permit holder fail to obtain the required
supervised experience, have his or her permit suspended or revoked, or fail to successfully
complete the examination process prior to the expiration of the three-year period.
13:42-3.3 LIMITATION, SUSPENSION, OR REVOCATION OF PERMIT BY BOARD
a) The Board may, upon notice to the permit holder limit, suspend, or revoke the permit of an
individual who fails the written or jurisprudence examination.
b) The Board may, upon notice to the permit holder and the opportunity for a hearing in
accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the
Uniform Administrative Procedure Rules, N.J.A.C. 1:1, limit, suspend or revoke the permit of
an individual who fails to properly discharge his or her responsibilities.
13:42-3.4 EXTENSION OF PERMIT UPON REQUEST OF PERMIT HOLDER
a) Upon the written request of a permit holder, the Board may, in its discretion, extend the
temporary permit for good cause shown.
b) The permit holder shall submit the request for extension, together with the required fee, no
later than 30 days before expiration of the permit. The request shall include the reason for
the extension.
c) Extension of a permit may be conditioned upon the individual meeting the following
requirements:
1)
Immediate appearance by the permit holder, upon notice, before a committee of the
Board to review the current caseload;
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2)
Acceptance of such limitations and conditions (for example, reduction of caseload,
alterations in the supervisory arrangement, personal therapy, etc.) as the Board may
deem necessary to promote competent psychological practice; and/or
3)
Demonstration to the satisfaction of the Board that the welfare of the public is protected
by extension of the permit, with appropriate limitations and conditions.
13:42-3.5 RETURN OF PERMIT
All temporary permits are the property of the Board. The holder of a temporary permit shall
return the permit to the Board no later than 10 days after its expiration or within 10 days of
notice of suspension or revocation of the permit.
13:42-3.6 RESPONSIBILITIES OF APPLICANT FOR ONE-YEAR UNSUPERVISED
AND THREE-YEAR SUPERVISED TEMPORARY PERMITS
a) An applicant for a one-year unsupervised or three-year supervised temporary permit shall
have on file with the Board an application for licensure together with all supporting material
as required by N.J.A.C. 13:42-2.1(a), with the exception of the two year supervised
experience requirement.
b) The applicant shall request, in writing, the issuance of a one-year unsupervised or three-year
supervised temporary permit to practice psychology until passing the written examination
and completing the jurisprudence online examination and/or for the purpose of meeting the
supervised experience requirement.
c) An applicant for a one-year unsupervised or three-year supervised temporary permit shall
not provide psychological services until a permit has been issued by the Board.
d) A supervised permit holder shall see only those clients assigned to the permit holder by the
supervisor.
e) A supervised permit holder shall not set a professional fee or receive a professional fee from
a client. A supervised permit holder may be compensated only through the supervisor or
employing entity as provided in N.J.A.C. 13:42-4.6. An unsupervised permit holder may set
and receive professional fees.
f) A one-year unsupervised and three-year supervised permit holder shall limit client contact to
no more than 20 client or group contact hours in any one week.
g) A supervised permit holder shall not engage in unsupervised or independent practice.
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h) A supervised permit holder shall be responsible for the supervisor's compliance with the
requirements of N.J.A.C. 13:42-4.4(a) through (c).
i) A permit holder shall include his or her permit number on any printed representations of
practice.
j) A permit holder shall not advertise, except a one-year unsupervised permit holder may
identify the location of his or her practice solely by name and address. A permit holder may
indicate the degree held such as Ph.D., but any use of the words "psychology,"
"psychologist," or any of its derivatives shall be prohibited for any permit holder prior to
licensure.
k) Prior to commencement of client treatment, a one-year unsupervised permit holder shall
obtain a written disclosure form, which shall be signed by the client and retained as part of
the client record, acknowledging that the client has been informed that:
1)
Services are to be rendered by a permit holder who is not a licensed psychologist; and
2)
Third party payors may not necessarily reimburse services rendered by a person not
licensed by the Board.
l) A one-year unsupervised and three-year supervised temporary permit holder shall be
prohibited from performing custody/parenting time evaluations and termination of parental
rights evaluations.
SUBCHAPTER 4.
SUPERVISION OF CANDIDATES FOR LICENSURE
13:42-4.1 AMOUNT OF SUPERVISION REQUIRED
a) An applicant for licensure shall be required to document the competent performance of at
least two years of full time or full time equivalent supervised experience in the practice of
psychology, at least one year of which shall have been completed subsequent to the
applicant's receipt of his or her doctoral degree.
b) The equivalent of one year of full-time supervised experience shall be a minimum of 1,750
hours. The 1,750 hours shall include:
1)
One thousand client contact hours completed in accordance with the limitations provided
in N.J.A.C. 13:42-3.6(f);
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2)
Two hundred hours of supervision. At least 100 hours shall be individual face-to-face
supervision; the remaining 100 hours may be individual or group supervision. The ratio
shall be one hour of supervision for each five hours of client contact per week; and
3)
Five hundred fifty hours in other work-related activities such as recordkeeping,
consultations, report writing, etc.
c) Pursuant to P.L. 2020, c. 134, an individual who applies for a license after October 1, 2020
may complete the two years of full-time or full-time equivalent supervised experience in the
practice of psychology prior to the individual’s receiving a doctoral degree.
d) Pursuant to P.L. 2020, c. 134, an applicant who has submitted an application to the Board,
but who has not obtained a license prior to December 14, 2020, may update the application
to apply professional experience earned prior to the applicant receiving a doctoral degree
towards the required two years of full-time or full-time equivalent supervised experience in
the practice of psychology.
13:42-4.2 AUTHORIZED SUPERVISORS
a) Supervision of experience for licensure purposes, including experience in exempt settings,
shall be rendered by:
1)
A psychologist licensed in New Jersey for at least two years; or
2)
For supervised experience obtained in another state, a psychologist licensed in that state
for at least two years and who is eligible for licensure in New Jersey.
13:42-4.3 (RESERVED)
13:42-4.4 RESPONSIBILITIES OF SUPERVISOR
a) A supervisor shall obtain prior Board approval and shall provide the Board with a letter
stating that the supervisor has agreed to enter into a supervisory arrangement with the
permit holder.
b) A supervisor shall supervise no more than three permit holders at any one time, except for
good cause shown and at the discretion of the Board.
c) Every six months and at the completion of the supervision, the supervisor shall document the
supervised experience on a form provided by the Board. The information to be supplied on
the form includes the dates during which the permit holder was under supervision, the nature
of the cases assigned, and the proficiency rating earned by the permit holder.
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d) A supervisor shall ensure that the permit holder has, at all times, a current and valid Board
permit or other required authorization.
e) A supervisor shall provide adequate and timely evaluations, as required by the work setting,
to employees, permit holders, students and others whose work is being supervised.
f) Prior to a permit holder's commencement of client treatment, the supervisor shall obtain a
written disclosure form, which shall be signed by the client and retained as part of the client
record, acknowledging that the client has been informed that:
1)
Services are to be rendered by a permit holder who is not a licensed psychologist; and
2)
Third party payors may not necessarily reimburse services rendered by a person not
licensed by this Board, notwithstanding supervision by a licensed psychologist.
g) A supervisor shall retain full professional responsibility for setting fees, billing clients and
collecting fees from clients consistent with the provisions of N.J.A.C. 13:42-10.10 and 10.11.
h) A supervisor shall provide professional working conditions, constructive consultation and
experience opportunities.
i) A supervisor shall not condone or knowingly permit an applicant for a three-year supervised
temporary permit to provide psychological services prior to the Board issuing a permit to the
applicant.
j) A supervisor shall not condone or knowingly permit the permit holder to practice without
supervision or independently.
k) A supervisor shall not enter into supervisory arrangements involving a potential conflict of
interest such as, but not limited to, arrangements with:
1)
Family members;
2)
Those with whom the supervisor has close personal associations;
3)
Those with whom the supervisor has financial relationships (such as creditor-debtor),
other than as specifically permitted by N.J.A.C. 13:42-4.6; or
4)
Those with whom the licensee has a therapist/client relationship.
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l) A supervisor shall be responsible for ensuring that a permit holder maintains client records
consistent with the requirements of N.J.A.C. 13:42-8.1.
13:42-4.5 SUPERVISION OF INDIVIDUALS EXEMPT FROM LICENSURE
a) A psychologist may supervise services of a psychological nature rendered in:
1)
A private practice setting by a health care professional exempt from licensure pursuant to
N.J.S.A. 45:14B-8; and
2)
An exempt non-profit bona fide community organization as defined in N.J.A.C. 13:42-1.3.
b) The supervisor shall ensure that the exempt supervisee complies with all Board regulatory
requirements (including preparation of client records) and with accepted standards of
professional and ethical practice of the exempt agency or exempt health care professional.
13:42-4.6 FINANCIAL ARRANGEMENTS BETWEEN SUPERVISOR AND
SUPERVISEE
a) Financial arrangements between the supervisor and supervisee shall be reasonable and may
take into account the special teaching arrangement that forms the context of the relationship.
For example, the supervisor may designate the supervisee as a part-time employee.
b) The supervisor shall charge the supervisee separately, if at all, for the supervision itself or
for ancillary costs such as rent for use of premises, equipment, malpractice insurance, etc.
SUBCHAPTER 5.
EXAMINATION
13:42-5.1 BOARD-APPROVED WRITTEN EXAMINATION; JURISPRUDENCE ONLINE
EXAMINATION
a) A candidate who has been admitted to sit for examination shall take the Examination for
Professional Practice in Psychology sponsored by the Association of State and Provincial
Psychology Boards (ASPPB). A passing score shall be that as established by the ASPPB at
the time of the examination.
b) A candidate who passes the written Examination for Professional Practice in Psychology
shall then take the Board's jurisprudence online examination within 90 days of notification of
passing the Examination for Professional Practice in Psychology.
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13:42-5.2 EXAMINATION REVIEW PROCEDURES
a) A candidate who fails the written examination may request a handscoring of answer sheets,
copy of individual answer sheet or role-feedback as available from the Professional
Examination Service (PES). The candidate shall be responsible for payment of any fees
required by the PES. The candidate's written request for review must reach the Board's
Executive Director within 45 days of the date of the letter of notification of examination
results.
b) A candidate who fails the jurisprudence examination may request a review of the
jurisprudence examination. The candidate's written request for review must reach the
Board's Executive Director within 45 days of the date of the letter of notification of
examination results. The Executive Director will make the jurisprudence examination
available to the candidate at the Board office on a mutually convenient date. Neither the
candidate nor an agent of the candidate may copy the jurisprudence examination during this
or any review of the jurisprudence examination.
13:42-5.3 LICENSURE BY RECIPROCITY
a) Upon receipt of a completed application, application fee, consent to a criminal history record
background check, and requisite fee for such a check, the Board shall issue a license to any
person who documents that he or she holds a valid, current corresponding license in good
standing issued by another state, if:
1)
The Board determines that the state that issued the license has, or had, at the time of
issuance, education, training, and examination requirements for licensure substantially
equivalent to the current Board standards;
2)
The applicant has been practicing in the profession of psychology for a period of at least
two years within the five years prior to the date of application; and
3)
The requirements of (b) below are satisfied.
b) Prior to the issuance of the license, the Board shall have received:
1)
Documentation from any state in which the applicant is, or was ever, licensed
demonstrating that the applicant's license(s) is in good standing;
2)
The results of a criminal history record background check of the files of the Criminal
Justice Information Services Division in the Federal Bureau of Investigation and the State
Bureau of Identification in the Division of State Police that do not disclose a conviction
for a disqualifying crime; and
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3)
Designation of an agent in New Jersey for service of process if the applicant is not a New
Jersey resident and does not have an office in New Jersey.
c) For purposes of this section, "good standing" means that:
1)
No action has been taken against the applicant's license by any licensing board;
2)
No action adversely affecting the applicant's privileges to practice psychology has been
taken by any out-of-State institution, organization, or employer
3)
No disciplinary proceeding is pending that could affect the applicant's privileges to
practice psychology; and
4)
All fines levied by any out-of-State board have been paid.
5)
(Reserved)
d) For purposes of this section, a "substantially equivalent" examination need not be identical to
the current examination requirements of this State, but such examination shall be nationally
recognized and of comparable scope and rigor.
e) The Board, after the licensee has been given notice and an opportunity to be heard, may
revoke any license based on a license issued by another state obtained through fraud,
deception, or misrepresentation
f) An applicant shall complete the jurisprudence online examination.
g) The Board may grant a license without examination to an applicant seeking reciprocity who
holds a corresponding license from another state who does not meet the good standing
requirement of (a) above due to a pending action by a licensing board, a pending action by
an out-of-State institution, organization, or employer affecting the applicant's privileges to
practice, a pending disciplinary proceeding, or a pending criminal charge or arrest for a
crime, provided the alleged conduct of the applicant that is the subject of the action,
proceeding, charge, or arrest does not demonstrate a serious inability to practice
psychology, adversely affect the public health, safety, or welfare, or result in economic or
physical harm to a person or create a significant threat of such harm.
13:42-5.4 LICENSE WITHOUT EXAMINATION
a) A psychologist who holds a diploma from the American Board of Professional Psychology
awarded by examination, and who meets all other requirements of New Jersey law, shall be
licensed following completion of the jurisprudence online examination.
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b) A psychologist shall be licensed following completion of the jurisprudence online examination
without having to take the Examination for Professional Practice in Psychology sponsored by
the Association of State and Provincial Psychology Boards (ASPPB), if he or she:
1)
Holds the ASPPB Certificate of Professional Qualification (CPQ) in psychology or is
credentialed by the National Register of Health Service Psychologists; and
2)
Meets all other requirements of New Jersey law.
13:42-5.5 SUBVERSION OF THE LICENSING EXAMINATION PROCESS
a) Any individual found by the Board to have engaged in conduct which subverts or attempts to
subvert the licensing examination process may, at the discretion of the Board, have his or
her scores on the licensing examination withheld or declared invalid, be found ineligible for
licensure, be disqualified from the practice of the pertinent profession, and/or be subject to
the imposition of other appropriate sanctions pursuant to N.J.S.A. 45:1-22.
b) Conduct which subverts or attempts to subvert the licensing examination process includes:
1)
Conduct which violates the security of the examination materials, such as removing from
the examination room any of the examination materials; taping, reproducing or
reconstructing any portion of the licensing examination; aiding by any means in the
reproduction or reconstruction of any portion of the licensing examination; or selling,
distributing, buying, receiving or having unauthorized possession of any portion of a
current or future licensing examination;
2)
Conduct which violates the standard of test administration, such as communicating with
any other examinee during the administration of the licensing examination; copying
answers from another examinee or permitting one's answers to be copied by another
examinee during the administration of the licensing examination; or having in one's
possession during the administration of the licensing examination any copying or taping
equipment, or any books, notes, written or printed materials or data of any kind, other
than the examination materials distributed; or
3)
Conduct which violates the credentialing process, such as falsifying or misrepresenting
educational credentials or other information required for admission to the licensing
examination, impersonating an examinee, or having an impersonator take the licensing
examination on one's behalf.
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13:42-5.6 FAILURE OF EXAMINATION; WHEN RETAKING PERMITTED
The written examination may be retaken in accordance with the rules established by the
Association of State and Provincial Psychology Boards (ASPPB) provided that all applicable
requirements have been satisfied.
SUBCHAPTER 6.
BOARD FEES
13:42-6.1 BOARD FEES
a) Charges for examinations, licensure, and other services are:
1)
Application fee: ............................................................................................... $125.00.
2)
Examination fee: ..................................................................... $100.00 jurisprudence.
3)
Initial license fee:
i) During the first year of a biennial license renewal period: .................... $300.00.
ii) During the second year of a biennial license renewal period: .............. $150.00.
4)
License renewal fee, biennial: $300.00.
5)
Late renewal fee in addition to biennial renewal:
i) Up to 30 days late: ..................................................................................... $75.00.
6)
Reinstatement fee in addition to biennial renewal fee: ............................... $ 300.00.
7)
Temporary permit:
i) $110.00 plus $50.00 for each additional supervisor.
8)
Review of extension request for one-year and three-year permits, each: ... $25.00.
9)
Replacement wall certificate: ........................................................................... $50.00.
10)
Certification of licensure: ................................................................................. $35.00.
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11)
Duplicate renewal certificate: .......................................................................... $25.00.
b) It is the candidate's responsibility to see that all mandated fees reach the Board office as
follows:
1)
Application, examination, reexamination and reinstatement fees are required to initiate
Board action on one's behalf;
2)
An initial license fee is required upon notice of successful completion of candidacy and
before issuance of a license; and
3)
A license renewal fee must reach the Board office by June 30 of the renewal year in
order to avoid a late renewal fee.
SUBCHAPTER 7.
ACCEPTABLE PROFESSIONAL PRACTICE
13:42-7.1 INDEPENDENT PRACTICE
a) A licensee practicing independently may employ or otherwise remunerate the following
individuals to render professional services only in circumstances where quality control of the
employed practitioner's professional practice can be and is lawfully supervised and
evaluated by the licensee:
1)
Other licensed practitioners to render services within the scope of practice of each
employee's license; and
2)
Practitioners who are authorized to practice psychology under an exemption from
licensure pursuant to N.J.A.C. 13:42-1.3.
b) A licensee with a restricted or limited license to practice psychology as a result of a
disciplinary action shall not employ a licensee or hire an independent contractor with an
unrestricted or unlimited license to practice psychology.
c) A licensee may employ ancillary non-licensed staff, limited to:
1)
Clerical staff;
2)
Permit holders;
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3)
Biofeedback technicians, as defined in N.J.A.C. 13:42-7.3;
4)
Neuropsychometric technicians, as defined in N.J.A.C. 13:42-7.4; and
5)
A person engaged in the practice of alcohol, drug abuse or gambling intervention,
prevention or treatment who is certified and providing such services in a private setting
supervised by the licensee.
d) Any additional types of employees or other remunerated licensed or certified mental health
or health professionals other than those in (c) above may be employed within the
professional practice only with the advance review and approval of the Board.
13:42-7.2 PARTNERSHIP, PROFESSIONAL SERVICE CORPORATION, OR LIMITED
LIABILITY ENTITY
a) A licensee shall not practice psychology in a general business corporation except as
provided in N.J.A.C. 13:42-7.5. A licensee may practice in any of the following business
entities:
1)
Partnership;
2)
Professional service corporation;
3)
Limited liability company; or
4)
Limited liability partnership, as long as the owners (partners, shareholders, members) of
the entity consist solely of New Jersey licensed health care professionals.
b) A licensee may practice in a business entity described in this section which itself is owned by
one or more of the entities described, so long as all of the owners of such entities are New
Jersey licensed health care professionals and as allowed by law pursuant to N.J.S.A. 42:2B-
1 et seq.
c) In all business entities described in this section, each licensee who is an owner shall retain
authority to exercise his or her own professional judgment within accepted standards of
practice regarding care, skill and diligence in examinations, diagnosis and treatment of the
licensee's individual clients.
d) The professional services offered by each practitioner, whether a partner, shareholder, or
member, shall be the same or shall be in a closely allied professional health care field.
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e) If the scope of practice authorized by law for each such person differs, any document used in
connection with professional practice, including, but not limited to, professional stationery,
business cards, advertisements of listings and bills, shall designate the field to which such
person's practice is limited.
f) The term "Associates" in the name of a professional office connotes an actual group
enterprise such as a professional association or partnership. The term "Associates" shall not
be utilized to refer to individuals sharing office expenses or rental space but practicing
independently of each other or having the relationship of independent contractor.
13:42-7.3 BIOFEEDBACK; EMPLOYER OF BIOFEEDBACK TECHNICIAN
a) A licensed psychologist may perform or directly supervise the performance of appropriate
biofeedback services in a clinical setting as a component of psychological services. Prior
medical evaluation and supervision are not required for this psychological service.
b) A licensed psychologist shall not diagnose, or offer to provide independent biofeedback
treatment for a medical condition, a complaint of pain, or other significant physical symptom
or condition that has not been medically evaluated. Following such evaluation, psychological
biofeedback treatment may be offered in accordance with (a) above or (c) below.
c) A licensed psychologist may, in a clinical setting, offer therapeutic or palliative biofeedback
services in consultation with a licensed physician, as a component of an integrated
psychological treatment program for a medically diagnosed condition reasonably believed to
be amenable to such treatment.
d) For purposes of this section, "biofeedback" means the application of bio-regulation
procedures to the management of cognitive and physiological status. The feedback may
encompass smooth muscle, striated muscle, cardiac muscle, brain wave, blood pressure,
skin conduction and other physiological measures.
e) For purposes of this section, "direct supervision" means that the licensee shall be constantly
accessible, either on-site or through electronic communication, and available to render
assistance when required and that the licensee shall retain full professional responsibility for
client care and treatment.
f) A licensee with specialized training in biofeedback may employ a biofeedback technician on
the office premises, as appropriate to the primary practice of the employer, only under the
following circumstances:
1)
The licensee shall provide instruction to the technician; ascertain that the technician has
received education and training appropriate for the work assigned; ensure that the
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technician obtains continuing education credits consistent with standards in the field; and
regularly direct, supervise and monitor the technician's work;
2)
The licensee shall provide direct supervision to the technician, as defined in (e) above;
and
3)
The activities of the technician shall be limited to:
i) Operating machinery for monitoring feedback, including positioning of the monitoring
equipment; and
ii) Providing instruction in the use of the machinery to the client.
13:42-7.4 EMPLOYER OF NEUROPSYCHOMETRIC TECHNICIAN
a) For purposes of this section, "direct supervision" means that the licensee shall be constantly
accessible, either on-site or through electronic communication, and available to render
assistance when required and that the licensee shall retain full professional responsibility for
client care and treatment.
b) A licensee may employ a neuropsychometric technician as an assistant, for the purpose of
administering certain classes of sensory, motor and other measures, only under the following
circumstances:
1)
The licensee shall provide instruction to the technician; ascertain that the technician has
received education and training appropriate for the work assigned; ensure that the
technician obtains continuing education credits consistent with standards in the field; and
regularly direct, supervise and monitor the technician's work;
2)
The licensee shall provide direct supervision to the technician, as defined in (a) above;
and
3)
The activities of the technician shall be limited to the administration of
neuropsychological tests which have specific mechanical administration procedures and
which do not require interpretation, querying of the examinees about individual items, or
other judgments.
c) The role of the technician is that of a paraprofessional assistant in test administration, and
any deviation from that role shall be deemed the unauthorized practice of psychology.
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d) Specifically excluded from the scope of activities of the technician are administration of
individual intelligence tests and projective techniques, which may be given only by a licensed
practicing psychologist, a permit holder under supervision, or a person doing work of a
psychological nature in an exempt setting.
13:42-7.5 SHAREHOLDER OR EMPLOYEE OF A GENERAL BUSINESS
CORPORATION
a) A licensee may offer health care services as an employee of a general business corporation
in this State only in one or more of the following settings. Any such setting shall have a
designated director of psychological services or a medical director licensed in this State who
is regularly on the premises and who (alone or with other persons authorized by the
Department of Health, if applicable) is responsible for licensure verification, credentialing
and quality control of the provision of psychological services.
1)
The corporation is licensed by the New Jersey Department of Health as a health
maintenance organization, hospital, long or short term care facility, or ambulatory care
facility. Alternatively, the corporation may be another type of health care facility or
corporate health care provider accredited by the Joint Commission on Accreditation of
Health Care Organizations. The above accredited corporate employers may include a
facility which is a component part of a for-profit corporation employing or otherwise
remunerating licensed psychologists, provided that the health care facility/provider has a
formal credentialing process and quality control procedures, and service providers are
supervised by a psychologist or physician licensed in this State and regularly on the
premises.
2)
The corporation is not in the business of offering treatment services to the public but
maintains a clinic for the purpose of providing psychological services to employees
and/or for monitoring the health environment of employees. The licensee rendering care
or evaluation in this setting shall comply with the provisions of N.J.A.C. 13:42-8
regarding preparation, maintenance and release of treatment and health monitoring
records;
3)
The corporation is a non-profit corporation sponsored by a union, social, religious or
fraternal organization providing health care services to members only; and/or
4)
The corporation is an accredited educational institution which maintains a medical or
psychological service clinic for health care service to students and faculty.
b) A licensee may also have an equity or employment interest in a general business corporation
which offers to contract with a licensed practitioner or professional service corporation to
provide services exclusively of a non-professional nature such as routine office
management, hiring of non-professional staff, provision of office space and/or equipment and
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servicing thereof, and billing services. The general business corporation shall make no
determination regarding establishment of client fees or modification or waiver thereof in an
individual case and shall make no representations to the public of offering, under its
corporate name, health care services which require licensure.
c) A licensee employed or having an equity interest in any of the practice forms listed in (a) and
(b) above shall terminate such employment or sever professional affiliation upon acquiring
personal knowledge that the entity regularly fails to provide or observe the quality assurance
mechanisms listed in N.J.A.C. 13:42-7.7 and refuses, upon request, to implement such
mechanisms. A licensee terminating employment or affiliation with a general business
corporation for reasons required by this section shall so notify the Board.
13:42-7.6 MANAGED HEALTH CARE PLANS
a) For purposes of this section, "managed health care plans" include, but are not limited to,
plans involving wholly or partially pre-paid medical/psychological services. By way of
example, these include plans commonly described as health maintenance organizations,
preferred provider organizations, competitive medical/psychological plans, individual practice
associations, or other similar designations.
b) A licensee may enter into a plan agreement which provides interim remuneration to
licensees by making provisional allocation of percentages of plan-member fees, whether
denominated as reserves, pools, withholds, holdbacks, etc., for the purpose of funding all
portions of the health services plan.
c) A licensee may participate in a plan which requires a purchase of shares for the purpose of
providing start-up funds, provided that any profits of the plan are paid solely in accordance
with the principles listed in this section and the licensee complies with the following
professional requirements:
1)
The licensee retains authority at all times to exercise professional judgment within
accepted standards of practice regarding care, skill and diligence in examinations,
diagnosis and treatment of each client;
2)
The licensee retains authority at all times to inform the client of appropriate referrals to
any other health care providers:
i) Whether or not those persons are provider members of the plan; and
ii) Whether or not the plan covers the cost of the non-member provider's services to the
client;
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3)
Plan clients are informed that they may be personally responsible for the cost of
treatment by a provider who is not a member of the plan or for treatment which the plan
administration does not approve; and
4)
Plan clients are informed of the financial arrangements between the licensee and the
plan, including financial incentives and disincentives established by the plan affecting
availability or provision of treatment or other psychological services to plan members.
d) A licensee who is not a full or regular member of a managed health care plan may contract
with a plan to render services to an insured person referred by the plan, provided that the
licensee retains the authorities listed in (c)1 through 4 above.
e) The licensee shall submit the bill for services rendered in one of the following ways:
1)
To the client-insured;
2)
To the managed health care plan, but only if billing is on a per-task or time unit basis and
the plan is a professional organization established consistent with N.J.A.C. 13:42-7.1 or
7.2 or a licensed health care corporation as defined in N.J.A.C. 13:42-7.5(a)1.
3)
To the employer/administrative entity of the client-insured if the employer is a wholly or
partially self-insured health insurance plan or a multiple employer welfare arrangement
(MEWA).
13:42-7.7 CONDUCT OF PROFESSIONAL PRACTICE; QUALITY CONTROL
a) A licensee shall establish policies and procedures with respect to licensed or exempt
personnel who are employed by or under the supervision of the licensee. The policies and
procedures shall include, but need not be limited, to the following:
1)
Designation of a licensed practitioner responsible for:
i) Hiring professional staff and verifying current licensing credentials, permits or other
educational/ training credentials required by law or pertinent agency rule (for
example, recertifications, continuing professional education, current biennial
registration or permits, etc.); and/or
ii) The professional propriety of billing and of advertising or other representations;
2)
Identification of the nature of the psychological services which shall be offered at the
practice location;
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3)
Policies for maintenance, registration and inspection of professional equipment;
4)
Standards for recordkeeping as to client records, billing records, and such other records
as may be required by law or rule;
5)
Policies for security, including confidentiality of client records; and
6)
Procedures for periodic audit of client records and of professional services to assure
quality professional care on the premises.
13:42-7.8 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 whom
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 Board approval for
good cause shown.
SUBCHAPTER 8.
CLIENT RECORDS: CONFIDENTIALITY
13:42-8 . 1 P RE PAR AT IO N AND MAINTENANCE OF CLIENT RECORDS
a) A licensee shall prepare and maintain separately for each client a permanent client record
which accurately reflects the client contact with the licensee whether in an office, hospital or
other treatment, evaluation or consultation setting.
b) A licensee shall make entries in the client record contemporaneously with the services
provided. A licensee may dictate an entry for later transcription, provided the transcription is
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dated and identified as "preliminary" until the licensee reviews the transcription and finalizes
the entry in the client record.
c) The licensee shall include in the client record material pertinent to the nature and extent of
the professional interaction, for example:
1)
The location of treatment, evaluation or consultation;
2)
The client name, address and telephone number;
3)
The client complaint on intake;
4)
Medical history recognized as of potential significance;
5)
Past and current medications;
6)
Significant social history;
7)
Findings on appropriate examination;
8)
Raw data and interpretation of tests administered;
9)
Current functional impairments and rating levels thereof;
10)
A diagnostic impression;
11)
Contemporaneous and dated progress or session notes including specific components of
treatment, evaluation or consultation;
12)
Dates of all treatment, evaluation or consultation sessions;
13)
An evaluation of progress (if applicable);
14)
A prognosis;
15)
The client identity on each page;
16)
Fees charged and paid;
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17)
The identity of each provider of treatment, evaluation or consultation (and supervisor, if
any); and
18)
If services are rendered by a permit holder, the written disclosure form signed by the
client as required by N.J.A.C. 13:42-4.4(f).
d) The client record shall contain information regarding referrals to other professionals together
with reports and records provided by other professionals and integrated into the client's
treatment, evaluation or consultation report.
e) A licensee may make corrections or additions to an existing record provided that each
change is clearly identified as such, dated and initialed by the licensee. Any other alteration
of records shall be deemed professional misconduct.
f) When records are to be maintained as confidential, the licensee shall establish and maintain
a procedure to protect such records from access by unauthorized persons.
g) The licensee shall retain the permanent client record for at least seven years from the date
of last entry, unless otherwise provided by law. Records for minors shall be kept for seven
years from the date of the last entry or until the client turns 25 years old, whichever is longer,
unless otherwise provided by law.
h) The licensee shall establish procedures for maintaining the confidentiality of client records in
the event of the licensee's relocation, retirement, death, or separation from a group practice,
and shall establish reasonable procedures to assure the preservation of client records which
shall include at a minimum:
1)
Establishment of a procedure by which patients can obtain treatment records or
acquiesce in the transfer of those records to another licensee or health care professional
who is assuming the responsibilities of that practice;
2)
Publication of 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; and
3)
Making reasonable efforts to directly notify any patient treated during the six months
preceding the cessation, providing information concerning the established procedure for
retrieval of records.
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13:42-8.2 USE OF PERSONAL OR OTHER COMPUTER TO PREPARE CLIENT
RECORDS
a) A licensee who prepares a client record maintained solely on a personal or other computer
shall use a write-protected program which:
1)
Contains an internal permanently activated date and time recordation for all entries;
2)
Automatically prepares a back-up copy of the file; and
3)
Is designed in such manner that, after the licensee "signs" by means of a confidential
personal code ("CPC"), the entry cannot be changed in any manner.
b) Notwithstanding the permanent status of a prior entry, the licensee may make a new entry at
any time and may indicate correction to a prior entry.
c) The licensee shall include in the client record at least two forms of identification; for
example, name and record number or any other specific identifying information.
d) The licensee shall finalize or "sign" the entry by means of a CPC. Where more than one
individual is authorized to make entries into the computer file of any client record, the
licensee responsible for the practice shall assure that each such person obtains a CPC and
uses the program in the same manner.
13:42-8.3 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 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. No later than 30 days from receipt
of a request from a client or duly authorized representative, the licensee shall provide a copy
of the client record and/or billing records, including reports relating to the client. Limitations
on this requirement are set forth in (e) below and N.J.A.C. 13:42-8.6(b) and in N.J.A.C.
13:42-11.
c) The licensee may elect to provide a summary of the record, as long as the summary
adequately reflects the client's history and treatment, unless otherwise required by law.
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d) A licensee may charge a reasonable fee for the preparation of a summary and reproduction
of records, which shall be no greater than an amount reasonably calculated to recoup the
costs of transcription or copying.
e) A licensee may withhold information contained in the client record from a client or the client's
guardian if, in the reasonable exercise of his or her professional judgment, the licensee
believes release of such information would adversely affect the client's health or welfare.
1)
That record or the summary, with an accompanying explanation of the reasons for the
original refusal, shall nevertheless be provided upon request of and directly to:
i) The client's attorney;
ii) Another licensed health care professional; or
iii) The client's health insurance carrier (except as maybe limited by N.J.A.C. 13:42-11).
f) Records maintained as confidential pursuant to N.J.A.C. 13:42-8.1(c) shall be released:
1)
If requested or subpoenaed by the Board or the Office of the Attorney General in the
course of any Board investigation;
2)
Pursuant to an order of a court of competent jurisdiction;
3)
Except as limited by N.J.A.C. 13:42-8.4, upon a waiver of the client or an authorized
representative to release the client record to any person or entity, including to the Violent
Crimes Compensation Board; or
4)
In order to contribute appropriate client information to the client record maintained by a
hospital, nursing home or similar licensed institution which is providing or has been
asked to provide treatment to the client.
g) The licensee's obligation hereunder to release information shall include the obligation to
complete forms or reports required for third party reimbursement of client treatment
expenses. The licensee may charge reasonable fees for completion of reports other than
health insurance claim forms, for which no fee may be charged pursuant to N.J.S.A. 45:1-12.
h) When a request is made for release of already completed reports to enable the client to
receive ongoing care by another practitioner, the licensee shall not require prior payment for
the professional services to which such reports relate as a condition for making such reports
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available. A licensee may, however, require advance payment for a report prepared for
services as an expert witness.
13:42-8.4 ACCESS BY A MANAGED HEALTH CARE PLAN TO INFORMATION IN
CLIENT RECORD
a) With regard to a client whose treatment cost is covered by a wholly insured health insurance
plan, or a multiple employer welfare arrangement (MEWA), including a managed health care
plan, a licensee shall make available, on request of the client or duly authorized
representative with the client's consent, all information required, but only pursuant to
N.J.A.C. 13:42-11.4.
b) A psychologist whose client has explicitly waived the psychologist-client privilege established
by N.J.S.A. 45:14B-28 may release requested information deemed professionally
appropriate, not limited by the constraints of the Peer Review Law, N.J.S.A. 45:14B-31 et
seq., to a third-party payor whose benefit plan is qualified under the Federal Employee
Retirement Income Security Act (FERISA); that is:
1)
The plan of a self-insured employer or an entity providing administrative services to that
employer for the purposes of determining entitlement to benefits; or
2)
An employer's "stop-loss" plan (i.e., a plan in which an employer self-insures up to a
certain amount and then purchases excess insurance beyond that amount from an
insurance company).
13:42-8.5 CONFIDENTIALITY
a) A licensee shall preserve the confidentiality of information obtained from a client in the
course of the licensee's teaching, practice or investigation. However, the licensee shall
reveal the information to appropriate professional workers, public authorities and the
threatened individual(s) or their representatives only, if in the licensee's judgment, exercised
in accordance with the standards of the profession, any one of the following circumstances
occur:
1)
There is a clear and imminent danger to the individual or the public;
2)
There is probable cause to believe that an identifiable potential victim of a client is likely
to be in danger; or
3)
Release of such information is otherwise mandated by law, such as, but not limited to,
N.J.S.A. 2A:62A-17.
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b) 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 patients set forth in N.J.A.C. 13:42-8.3, 8.4 and 8.5; 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.
c) 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.
d) 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.
e) A licensee may share confidential communications with other parties interested therein, in a
non-public forum, only where the original source and other persons involved have given their
express permission to do so.
f) A licensee may reveal the identity of research subjects only if the subjects have granted
explicit permission.
g) A licensee may release confidential documents, testimony or other information contained in
the client record only in accordance with the provisions of N.J.A.C. 13:42-8.3 and this
section.
13:42-8.6 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. 13:42-8.3(a). When the
patient is more than 14 years of age, but has not yet reached the age of majority, the
authorization shall be signed by the patient and by the patient's parent or legal guardian,
pursuant to N.J.S.A. 45:14B-36(e).
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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. 13:42-8.3, 8.4 and 8.5 shall apply to access to client records,
access by a managed health care plan to information in client record and confidentiality of
minors.
SUBCHAPTER 9.
ADVERTISING
13:42-9.1 DEFINITIONS
For the purposes of this subchapter, the following terms shall have the indicated meanings
unless the context clearly indicates otherwise:
"Advertisement" means an attempt directly or indirectly by publication, dissemination or
circulation in print, electronic or other media which directly or indirectly induces or attempts to
induce any person or entity to purchase from a Board licensee, or enter into an agreement to
purchase, services, treatment or goods related thereto.
"Board licensee" means any professional licensee of the State Board of Psychological
Examiners.
"Electronic media" include, but are not limited to, radio, television, telephone, Internet and
other electronic means of communication.
"Professional service" means a service which a Board licensee or professional association
performs or lawfully authorizes a person under supervision to perform.
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"Print media" includes newspapers, magazines, periodicals, professional journals, telephone
directories, circulars, handbills, flyers, billboards, signs, direct mail, matchcovers, business
cards, stationery and other items disseminated by means of the printed word.
"Range of fees" means a statement of fees containing an upper and lower limit on the fees
charged for services or goods offered by a Board licensee.
13:42-9.2 ADVERTISING; GENERAL REQUIREMENTS
a) A Board licensee (but not a permit holder) may provide information to the public by
advertising in print or electronic media.
b) A licensee shall be able to substantiate the truthfulness of any material, objective assertion
or representation set forth in an advertisement, when requested by the Board to do so.
c) A licensee who is a principal, partner or officer of a firm or entity identified in an
advertisement which offers psychological services or goods shall be responsible for the form
and content of any advertisement disseminated by or on behalf of a licensee affiliated with
the firm.
d) A licensee shall assure that an advertisement does not misrepresent, suppress, omit or
conceal a material fact. Omission, suppression or concealment of a material fact includes
use of any print, language or format which directly or indirectly obscures a material fact
under circumstances where the licensee knows or should know that the omission is improper
or prohibits a prospective client from making a full and informed judgment on the basis of the
information set forth in the advertisement.
13:42-9.3 MINIMUM CONTENT OF ADVERTISING
a) All licensee advertisements and public representations, including advertisements in a
classified directory, business card, website, Internet service, and professional stationery, but
not including an office entry sign, shall contain the following:
1)
The licensee's name and license number; and
2)
The address and telephone number of the licensee's practice location.
b) If the advertisement utilizes a business name, then the name and license number of at least
one licensee responsible for the psychological service practice in the facility shall appear in
the advertisement.
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c) A licensee may petition the Board for waiver of the requirement to list street address for
good cause. A licensee shall submit a request for a waiver in writing which shall detail the
reason(s) for the request which may include, but is not limited to, the maintenance of
personal or family safety.
13:42-9.4 USE OF PROFESSIONAL CREDENTIALS AND CERTIFICATIONS
a) A licensee shall accurately and objectively represent his or her competence, education,
training and experience in all advertisements and professional representations.
b) Advertisements which include information on professional credentials shall contain the
highest academic degrees attained relating to the practice of psychology and shall refer only
to degrees obtained from an accredited academic institution or an academic institution
acceptable under the rules of the New Jersey State Department of Higher Education.
c) A licensee may include in an advertisement degrees earned from bona fide accredited
educational institutions. A licensee also may include in an advertisement, certifications
obtained from bona fide accrediting bodies so long as the name of the accrediting body is
identified and the discipline in which the certification was obtained is specified in the
advertisement.
d) Nothing in this section shall preclude any truthful and non-deceptive statement in regard to
education or experience in a particular area of psychology.
13:42-9.5 ADVERTISING MAKING REFERENCE TO OR SETTING FORTH A FEE;
REQUIRED DISCLOSURES
a) Advertising making reference to or setting forth a fee shall be limited to that which contains a
fixed or a stated range of fees for specifically described professional services.
b) Advertising making reference to or setting forth a fee shall include the following disclosures:
1)
All relevant and material variables and considerations which are ordinarily included in the
advertised services so that the fee will be clearly understood by prospective clients. In
the absence of such disclosures, the stated fees shall be presumed to include everything
ordinarily required for the advertised services;
2)
A specific delineation of additional services contemplated and the fee to be charged
therefor. In the absence of such disclosures, the licensee shall be prohibited from
charging an additional fee for the advertised service; and
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3)
The time period during which the advertised fee will remain in effect. In the absence of
such disclosure, the advertisement shall be deemed to be effective for 30 days from the
date of the advertisement's initial publication.
c) The advertisement of a fee shall not preclude downward adjustment or waiver of a fee
between the professional and the client in individual circumstances.
13:42-9.6 USE OF TESTIMONIALS
a) A licensee may use an advertisement containing either a lay or an expert testimonial
provided that:
1)
The testimonial is based upon the testimonial giver's personal knowledge or experience
obtained from a past, completed provider relationship with the licensee or upon the
testimonial giver's direct personal knowledge of the subject matter of the testimonial; and
2)
The licensee obtains, prior to the use of the testimonial, a signed, notarized statement
and release indicating the testimonial giver's willingness to have his or her testimonial
used in the advertisement.
b) A layperson's testimonial shall not attest to any technical matter beyond the testimonial
giver's competence to comment upon.
c) An expert testimonial shall be rendered only by an individual possessing specialized
expertise sufficient to allow the rendering of a bona fide statement or opinion.
d) A licensee shall be able to substantiate any objective, verifiable statement of fact appearing
in a testimonial. The failure to do so, if required by the Board, may be deemed professional
misconduct.
13:42-9.7 PROHIBITED TYPES OR METHODS OF ADVERTISING
a) A licensee shall not make any statement or claim or make use of any professional format
which is false, fraudulent, misleading or deceptive with regard to the performance of
professional services or accepted standards of professional practice.
b) A licensee shall not use the word "doctor" or an otherwise incomplete and misleading
designation when offering to perform professional services without also indicating that the
licensee is a psychologist.
c) A licensee shall not guarantee that satisfaction or a cure will result from the performance of
professional services.
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d) A licensee shall not claim or use any secret or special method of treatment and/or diagnostic
technique which the licensee refuses to divulge to the Board.
e) A licensee shall not make claims of professional superiority with regard to services or goods
offered or with regard to apparatus, equipment or technology utilized unless the licensee can
substantiate such claims.
f) A licensee shall not communicate any fact, data or information which may identify a client
without the client's written consent.
g) A licensee shall not offer or promote a professional service which the licensee knows or
should know is beyond the licensee's ability to perform.
h) A licensee shall not permit an advertisement to contain any technique or communication
which appears to intimidate, exert undue pressure or unduly influence a prospective client.
i) A licensee shall not engage, either directly or indirectly through an agent, employee or
representative, in any in-person solicitation with a prospective client, except that a licensee
may offer to a business entity, or its representative, psychological services to be provided to
a class of persons.
13:42-9.8 RETENTION OF ADVERTISEMENTS
a) The licensee shall retain, for a period of three years from the date of initial publication or
dissemination, a copy of every advertisement appearing in print media as well as a video or
audio tape of every advertisement communicated by electronic media. All advertisements in
the licensee's possession shall indicate the accurate date and place of publication.
b) A licensee who advertises through the use of testimonials shall maintain documentation
relating to the testimonial for a period of three years from the date of the last use of the
testimonial. Documentation shall include, but not be limited to:
1)
The name, address and telephone number of the testimonial giver identified in the
advertisement;
2)
The type and amount or value of compensation; and
3)
The notarized statement and release required pursuant to N.J.A.C. 13:42-9.6(a)2.
c) The licensee shall make copies of all advertisements and documentation concerning
testimonials available for review upon request by the Board or its designee.
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13:42-9.9 MISLEADING IMPLICATIONS OF LICENSURE
a) A person not licensed under the Practicing Psychology Licensing Act is prohibited from
implying licensure under the Act by using a title or description which, when used in
combination with other circumstances, would lead a reasonable person to think that the
individual is a licensed psychologist or is authorized to perform professional services which
only a licensed psychologist can offer. Examples of such conduct, whether for recompense
or not, include:
1)
Representing that he or she has:
i) A graduate degree or is a candidate therefor in psychology or an allied field;
ii) Membership in psychological organizations;
iii) Training or certification in applied psychological methods; or
iv) Professional association and identification with a licensed psychologist, unless the
individual is the holder of a duly authorized and valid Board permit or is otherwise
duly authorized to engage in a health care profession with a psychologist; or
2)
Using names or professional or occupational titles including "counselor,"
"psychotherapist," "therapist," "analyst," and related terms or forms unless clearly
qualified by reference to another profession or group exempt from licensure under the
Act pursuant to N.J.S.A. 45:14B-8 and N.J.A.C. 13:42-1.5 or other applicable law.
SUBCHAPTER 10.
GENERAL OBLIGATIONS OF A LICENSEE
13:42-10.1 POSTING OF PRACTICE AUTHORIZATION
Every licensee shall prominently display in every place of conducting independent practice
his or her current renewal certificate, or current duplicate renewal certificate, and the following
notice:
(Name of Individual) is licensed by the Board of Psychological Examiners, an
agency of the Division of Consumer Affairs. Any member of the consuming public
may notify the Board of any complaint relative to the practice conducted under
this license at the Division of Consumer Affairs, Board of Psychological
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Examiners, Post Office Box 45017, 124 Halsey Street, Newark, New Jersey
07101.
13:42-10.2 NOTIFICATION OF CHANGE OF ADDRESS; SERVICE OF PROCESS
a) Each licensee and permit holder shall notify the Board, in writing, within 30 days of any
change in the address on file with the Board and shall specify whether the address is a
residence or employment address.
b) Service of an administrative complaint or other process initiated by the Board, the Attorney
General or the Division of Consumer Affairs at the address on file with the Board shall be
deemed adequate notice for the commencement of any inquiry or disciplinary proceeding.
13:42-10.3 (RESERVED)
13:42-10.4 PROFESSIONAL RESPONSIBILITIES TO THE BOARD, OTHER
REGULATORY AUTHORITIES, OR THE PUBLIC
a) Where not otherwise specified in this section, the term "licensee" includes holders of
licenses and holders of temporary permits issued by the Board.
b) A licensee shall meet professional responsibilities to the Board, to other regulatory
authorities, and to the public as determined by accepted standards of practice, law or rules.
c) A licensee shall respond within 30 days or sooner, as specified, to written communication
from the Board, the Attorney General or the Director of the Division of Consumer Affairs and
shall make available all records required with respect to a complaint from a client or as
otherwise deemed necessary regarding the licensee's conduct. The response period
commences on the date of the communication to the licensee's last reported address.
d) A licensee shall maintain competence consistent with professional responsibilities, including
the following:
1)
A licensee shall remain abreast of standards of practice in the profession by means of
securing continuing education such as training, experience or counsel and through
professional journals;
2)
A licensee-teacher shall base academic instruction primarily upon material the licensee
reasonably believes to be accurate, current and scholarly;
3)
A licensee shall obtain competent professional assistance in order to determine whether
to voluntarily suspend, terminate or limit the scope of the licensee's professional and/or
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scientific activities which are foreseeably likely to lead to inadequate performance or
harm to a client, colleague, student or research participant;
4)
A licensee shall refuse to engage in, or condone, hiring, promotion, or training practices
that are inhumane or that result in illegal or otherwise unjustifiable discrimination on the
basis of race, color, ancestry, marital status, civil union status, domestic partnership
status, genetic information, pregnancy or breastfeeding, ethnicity, disability, age, sex or
gender, affectional or sexual orientation, gender identity or expression, atypical
hereditary cellular or blood trait, refusal to submit to a genetic test or make available the
results of a genetic test to an employer, liability for service in the Armed Forces of the
United States, nationality, religion, national origin, or any other characteristic protected
by N.J.S.A. 10:5-12(a); and
5)
A licensee shall practice only in his or her area of competence, consistent with his or her
training, experience, education or supervision, and shall make appropriate referrals to
practitioners of related or other professions.
13:42-10.5 MAINTAINING COMPETENCE IN TESTING SITUATIONS
a) A licensee who utilizes psychometric instruments in assessment shall be required to have
completed foundational course work in psychometric theory/tests and measurement and
graduate level course work in individual assessment. Completion of a workshop or
continuing education in the use of a specific test shall not be substituted for the required
foundational course work.
b) A licensee responsible for development and standardization of psychological tests and other
assessment techniques shall utilize established scientific procedures and observe relevant
professional standards.
c) Psychometric instruments shall be administered in the manner prescribed in the technical
manual which accompanies the psychometric instrument, unless an extenuating
circumstance exists, such as an unforeseen or unusual circumstance pertaining to a
particular client, in which case psychometric instruments may be administered by alternative
procedures. If a test is administered by alternative procedures, then the impact of such
deviations on reliability, validity, or fairness shall be addressed in the report. While it is
recognized that there are differing schools of thought in the psychological literature regarding
issues of test fairness, use of appropriate norms, and appropriate item content for various
subgroups, licensees shall be responsible for employing psychometric instruments in a
nondiscriminatory manner and with sensitivity to cultural differences. Licensees shall present
the results of assessments and their interpretations in such a way as to minimize the
potential for misuse by others.
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d) A licensee shall make reasonable efforts to avoid use of obsolete testing measures. This
subsection shall not be construed, however, to require the use of a more recent edition of an
instrument if, in the licensee's professional judgment, a previous version is more appropriate
for the particular assessment.
e) Licensees who employ computerized narrative reports shall have the knowledge, skill and
ability to interpret the scales of the instrument independently. Licensees shall not rely on the
interpretations contained in a computerized narrative report as though the report were
individually tailored specifically for that examinee. Statements in the narrative shall be
evaluated in the context of the facts of the case and the licensee's own impressions of the
test subject. Licensees shall be responsible for conclusions and recommendations based on
computerized narrative reports and shall not be relieved of such responsibility by the use of
a computerized narrative report.
f) A licensee shall not sponsor or supervise the use of psychological assessment techniques
by persons who are not in an appropriate psychological or closely-related field or who are
otherwise unqualified.
g) A licensee shall administer or supervise the administration of all testing materials on
premises and consistent with accepted standards of practice.
13:42-10.6 RESEARCH
a) A licensee shall observe research requirements consistent with accepted standards of
practice including, but not limited to, the following:
1)
A licensee shall minimize the possibility that research findings will be misleading and
shall not knowingly publish misleading or false findings;
2)
A licensee shall provide thorough discussion of the limitations of the published data and
alternative hypotheses, especially where the work touches on social policy or might
reasonably be construed to the detriment of persons in specific age, sex, ethnic, socio-
economic or other identifiable social groups;
3)
In reporting research results, a licensee shall reveal contrary or disconfirming data or
acknowledge the existence of alternative hypotheses and explanations of the findings;
4)
A licensee shall acknowledge the authors of work in proportion to their professional
contribution; and
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5)
A licensee shall treat research participants ethically and ensure ethical treatment of them
by collaborators, assistants, students and employees.
13:42-10.7 REPORTING OF VIOLATIONS OF OTHER LICENSEES
a) A licensee shall promptly notify the Board when in possession of information which
reasonably indicates that another licensee has demonstrated an impairment, gross
incompetence, repeated acts of incompetence or professional misconduct which would
present an imminent danger to a client or to the public health, safety or welfare.
b) Notwithstanding the provisions of (a) above, when a licensee in the course of a professional
relationship with a client who is not a licensee of the Board obtains information from the
client about another licensee's suspected unlawful conduct, the licensee shall report the
information only with the written permission of the client or authorized representative.
c) Notwithstanding the requirements of (a) above, a licensee who acquires knowledge of
impairment, gross incompetence, repeated acts of incompetence or professional misconduct
in the course of treating a client-psychologist or an individual exempt from licensure pursuant
to N.J.A.C. 13:42-1.3 and N.J.S.A. 45:14B-8 shall not be obligated to notify the Board if:
1)
The treating psychologist reasonably believes that the improper conduct has ceased and
that the treatment is preventing a recurrence of the impairment, incompetence or
professional misconduct; or
2)
The treating psychologist has reasonable cause to believe that the incompetent
psychologist or exempt professional is currently receiving professional supervisory and
educational measures which are reasonably likely to protect clients against gross
incompetence.
d) A licensee acquiring privileged information of drug or alcohol abuse in the course of treating
a client-psychologist or exempt professional in a substance abuse treatment program
governed by Federal law shall, as required by Federal law, first obtain authorization for
release of such information from a court of competent jurisdiction or shall obtain the client's
written consent to release the information.
e) A licensee is not exempt from reporting any information otherwise mandated by law, such as,
but not limited to, P.L.1974, c.119, reporting of an abused child as defined in N.J.S.A. 9:6-
8.8 et seq.
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13:42-10.8 PROFESSIONAL INTERACTIONS WITH CLIENTS
a) A licensee shall not abandon or neglect a client in need of professional care without making
reasonable arrangements for the continuation of such care or offering to help the client find
alternative sources of assistance.
b) A licensee shall not abandon or neglect professional employment by a group practice,
hospital clinic or other health care facility without reasonable notice or under circumstances
which would be expected to seriously impair the delivery of professional care to clients.
c) A licensee shall not willfully harass, abuse or intimidate a client regarding delivery of client
services, either physically or verbally.
d) A licensee shall not order or perform excessive tests, treatment or use of treatment facilities
not warranted by the condition of the client.
e) A licensee shall terminate a clinical or consulting relationship when it is reasonably clear that
the client is not benefiting from it. In such instances, the licensee shall offer to help the client
find alternative sources of assistance.
f) A licensee, whether practicing privately or within an institution or agency utilizing
psychological services, shall not distort, misuse or suppress the psychological findings by
the licensee or others.
g) A licensee shall not misuse his or her influence in a manner that exploits the client's trust
and dependency.
13:42-10.9 SEXUAL MISCONDUCT
a) As used in this section, the following terms have the following meanings unless the context
indicates otherwise:
"Client" means any person who is the recipient of a professional psychological service
rendered by a licensee. "Client" for purposes of this section also means a person who is the
subject of professional examination even if the purpose of that examination is unrelated to
treatment.
"Sexual contact" means the knowing touching of a person's body directly or through
clothing, where the circumstances surrounding the touching would be construed by a
reasonable person to be motivated by the licensee's own prurient interest or for sexual
arousal or gratification. "Sexual contact" includes, but is not limited to, the imposition of a
part of the licensee's body upon a part of the client's body, sexual penetration, or the
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insertion or imposition of any object or any part of a licensee or client's body into or near the
genital, anal, or other opening of the other person's body.
"Sexual harassment" means solicitation of any sexual act, physical advances, or verbal
or non-verbal conduct that is sexual in nature, and which occurs in connection with a
licensee's activities or role as a provider of psychological services, and that is either
unwelcomed, offensive to a reasonable person, or creates a hostile work place environment,
and the licensee knows, should know, or is told this, or is sufficiently severe or intense to be
abusive to a reasonable person in that context. "Sexual harassment" may consist of a single
extreme or severe act, or multiple acts, and may include, but is not limited to, conduct of a
licensee with a client, co-worker, employee, student, or supervisee whether or not such
individual is in a subordinate position to the licensee.
b) A licensee shall not engage in sexual contact with a current client, a former client to whom
psychological services were rendered within the immediately preceding 24 months, a current
student, a direct supervisee or supervisor, or a research subject.
c) In circumstances where any of the persons listed in (b) above are, or should be recognized
by the licensee as, clearly vulnerable by reason of emotional or cognitive disorder to
exploitive influence by the licensee, the prohibition on sexual contact shall extend
indefinitely.
d) A licensee shall not engage in sexual harassment in a professional setting (including, but not
limited to, an office, hospital or health care facility) or outside of the professional setting.
e) A licensee shall not accept as a client a former sexual partner.
f) In the treatment of sexual dysfunction as well as in other areas of the practice of psychology,
a licensee shall not engage in the following conduct, which is hereby defined as professional
misconduct:
1)
Sexual contact or deliberately hurtful contact between licensee and client;
2)
In therapy groups, activities which promote, allow, or involve physical contact of a sexual
or deliberately hurtful nature between the licensee and group members, or between
group members themselves; and
3)
Discussion of an intimate sexual nature with a client, unless that discussion is directly
related to legitimate client needs and furthers the client's psychological treatment. At no
time shall any such discussions include disclosure by the licensee to the client of his or
her own intimate sexual relations or relationships.
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g) A licensee shall not engage in any other activity which would lead a reasonable person to
believe that the activity serves the licensee's personal prurient interests or is for the sexual
arousal, sexual gratification, or sexual abuse of the licensee or client.
h) A licensee shall not seek or solicit sexual contact with a client and shall not seek, solicit,
accept, or participate in sexual contact with any person in exchange for professional
services.
i) Violation of any of the prohibitions or directives set forth at (b) through (h) above shall be
deemed to constitute professional misconduct pursuant to N.J.S.A. 45:1-21(e).
j) It shall not be a defense to any action under this section that:
1)
The client solicited or consented to sexual contact with the licensee; or
2)
The licensee was in love with or had affection for the client.
13:42-10.10 FINANCIAL ARRANGEMENTS WITH CLIENTS AND OTHERS
a) A licensee shall inform clients of the financial arrangements for psychological services. Such
financial arrangement(s) should be in writing. If the licensee elects not to provide the
financial arrangement(s) in writing, the burden of demonstrating compliance with the
regulations in this subchapter shall be on the licensee. The information provided to the client
shall include, but not be limited to:
1)
The fee for services or the basis for determining the fee to be charged, unless services
are provided during an emergency or in other circumstances where disclosure of such
information would adversely affect the client's health or welfare;
2)
Whether the licensee will accept installment payments or assignment of benefits from a
third party payor;
3)
Whether Medicaid clients are accepted;
4)
Whether Medicare clients are accepted and, if so, if the licensee shall bill the client for
any balance remaining after assignment;
5)
Any other information, to the extent known to the licensee, concerning insurance
coverage, including whether other third party payor plans are accepted; and
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6)
The financial consequences, if any, of missed sessions.
b) A supervisor may segregate fees received from clients being treated by the supervisee in
recognition of the fact that fees charged to such clients shall be Jess than the usual,
reasonable and customary fees charged by the supervisor to his or her own clients.
c) Where payment of the usual fee would be a hardship, a licensee may adjust the fee, or shall
assist clients to find other sources or make appropriate referrals for provision of the needed
services.
d) All permit holders and licensees shall provide to their clients or their clients' designated
insurance carriers, a receipt, when applicable, for services rendered.
13:42-10.11 PROHIBITION ON EXCESSIVE FEES
a) The Board may review information and complaints alleging excessive fees charged by Board
licensees. This regulation is not intended to impinge upon the strong public policy in favor of
a competitive, free enterprise economy embodied in the antitrust laws of the United States
and of this State.
b) A licensee shall not charge an excessive fee for services. A fee is excessive when, after a
review of the facts, a licensee of ordinary prudence would be left with a definite and firm
conviction that the fee is so high as to be manifestly unconscionable or overreaching in the
circumstances.
c) Factors which the Board may consider in determining whether a fee is excessive include, but
are not limited to, the following:
1)
The novelty and difficulty of the service or treatment;
2)
The time and effort required;
3)
The skill required to properly perform the procedure or treatment;
4)
Any requirements or conditions imposed by the client or by the circumstances;
5)
The nature and length of the professional relationship with the client;
6)
The experience, reputation and ability of the licensee performing the services;
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7)
The nature and circumstances under which services are provided; and
8)
Comparable fees charged by licensees not under inquiry.
d) Charging an excessive fee in violation of the provisions of this section shall constitute
professional misconduct subjecting the licensee to disciplinary sanction by the Board.
13:42-10.12 BILLING
a) The licensee's bill shall include at least the following information:
1)
The licensee's name, license number, tax identification number and original signature,
except in the case of electronic billing, where an original signature is not required;
2)
The street address and telephone number of the practice location;
3)
The dates and nature of professional services including, in connection with treatment,
whether individual or group;
4)
Diagnosis and insurance codes, if required or requested;
5)
In a practice setting where services are provided by more than one practitioner, the
name and license number of the licensee who provided the services being billed; and
6)
Fees. The licensee shall identify which part, if any, of the services billed were provided
by a technician at the direction of and under the supervision of the licensee pursuant to
N.J.A.C. 13:42-7.3 and 7.4 and shall adjust the fee downward accordingly.
b) A licensee billing for services rendered by a permit holder or an exempt professional
practicing under supervision shall include all of the following information on the bill in
addition to the information required pursuant to (a) above:
1)
The name and permit number of the supervisee.
2)
The dates, if any, when the client was seen personally by the supervisor; and
3)
A statement that treatment was rendered by the supervisee under the supervision of the
supervisor.
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13:42-10.13 CONFLICTS OF INTEREST; DUAL RELATIONSHIPS
a) A licensee shall not refer a client to a health care service in which the licensee has any
financial or significant beneficial interest unless the licensee has:
1)
Disclosed that he or she has a financial interest; and
2)
Provided an alternative referral source.
b) A licensee shall not prescribe goods or devices which the licensee sells or leases to the
client, unless as follows:
1)
The goods or devices are an integral part of the professional treatment for that client;
2)
The item and its fee (if any) are specified on the billing statement under the licensee's
professional office name; and
3)
Any fee is set at a level which does not exceed a recoupment of the reasonable actual
expense to the licensee for provision of the goods or devices. The burden of justifying
the fee shall be on the licensee.
c) A licensee shall not enter into or continue any treating relationship, or supervisory
relationship of another person offering clinical services, in which he or she has any family,
personal, financial or beneficial interest other than that arising from the therapist-client
relationship. Examples of such relationships include, but are not limited to, spousal-spousal
supervision, parent-child supervision, child-parent supervision, intimate partner supervision.
d) A licensee shall not enter into any dual relationship. Examples of such dual relationships
include, but are not limited to, professional treatment of employees, tenants, students,
supervisees, close friends or relatives. Entering into any business relationships or paying or
bartering for any services provided by any current client shall also be prohibited.
e) A licensee who recognizes the existence of a conflict of interest or dual relationship shall
take action to terminate the conflict or the dual relationship.
f) A licensee shall not enter into financial arrangements with clients which are likely to impair
professional judgment. Improper financial arrangements shall include, but are not limited to,
loans (whether borrower or lender) or assumption of liabilities for debt.
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g) A licensee shall not enter into a financial arrangement or any other potentially exploitive
relationship with a former client which is likely to be the product of judgment impaired by the
former relationship.
13:42-10.14 PROHIBITION ON REFERRAL FEES AND FEE SPLITTING
a) A licensee shall not pay, offer to pay or receive any fee or other form of compensation for
referral of a client for professional services or for the purchase of goods. This subsection
shall not prohibit a licensee from:
1)
Paying a flat fee for regular advertising services;
2)
Paying a flat fee for the licensee's placement on a commercially sponsored "referral list"
of licensed health care providers; or
3)
Contributing a fee to a professionally sponsored referral service.
b) A licensee shall not permit the division of fees for professional services other than among
licensed health care professionals in the same or in a closely allied professional health care
field engaged in a bona fide partnership, professional service corporation, limited liability
company, limited liability partnership, employment relationship, or between a licensee and an
applicant for licensure who is working under the supervision of the licensee pursuant to a
Board issued temporary permit. A licensee shall not divide fees for professional services
rendered to a client with a psychologist practicing as an independent contractor. This
subsection shall not prohibit a licensee from charging a flat fee to an independent contractor
on a per hour or per service basis to cover expenses.
c) This section shall be construed broadly to effectuate its remedial intent.
13:42-10.15 (RESERVED)
13:42-10.16 CLIENT ACCESSIBILITY TO THERAPIST OF CHOICE
A licensee shall not enter into any business agreement that interferes with or restricts the
ability of a client to see or continue to see his or her therapist of choice.
13:42-10.17 LICENSE RENEWAL
a) The Board shall send a notice of renewal to each of its licensees at least 60 days prior to the
expiration of the license. The notice of renewal shall explain inactive renewal and advise the
licensee of the option to renew as inactive. If the notice to renew is not sent at least 60 days
prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure
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to renew, provided that the license is renewed within 60 days from the date the notice is sent
or within 30 days following the date of license expiration, whichever is later.
b) A licensee shall renew his or her license for a period of two years from the last expiration
date. The licensee shall submit a renewal application to the Board, along with the renewal
fee set forth at N.J.A.C. 13:42-6.1, prior to the date of license expiration.
c) A licensee may renew his or her license by choosing inactive status. A licensee electing to
renew as a practitioner in inactive status shall not engage in the practice of psychology, or
hold him- or herself out as eligible to engage in the practice of psychology, in New Jersey
until such time as the license is returned to active status.
d) If a licensee does not renew the license prior to its expiration date, the licensee may renew
the license within 30 days of its expiration by submitting a renewal application, a renewal
fee, and a late fee as set forth at N.J.A.C. 13:42-6.1. During this 30-day period, the license
shall be valid and the licensee shall not be deemed practicing without a license.
e) A licensee who fails to submit a renewal application within 30 days of license expiration shall
have his or her license suspended without a hearing.
f) A licensee who continues to engage in the practice of psychology with a suspended license
shall be deemed to be engaging in the unlicensed practice of psychology and shall be
subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension
has been provided to the individual.
13:42-10.18 LICENSE REACTIVATION
a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:42-10.17(c) may apply to
the Board for reactivation of an inactive license. A licensee seeking reactivation of an
inactive license shall submit:
1)
A renewal application;
2)
Payment of the past delinquent renewal fees as set forth in N.J.A.C. 13:42-6. A
certification of employment listing each job held during the period of inactive license that
includes the name, address, and telephone number of each employer;
3)
If the renewal application is sent during the first year of the biennial renewal period, the
renewal fee for the biennial period for which reactivation is sought, as set forth at
N.J.A.C. 13:42-6.1. If the renewal application is sent during the second year of the
biennial period, half of the renewal fee for the biennial period for which reactivation is
sought, as set forth at N.J.A.C. 13:42-6.1; and
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4)
Evidence of having completed all continuing education credits for the current biennial
registration period, consistent with the requirements set forth at N.J.A.C. 13:42-10.20.
b) An applicant who holds a valid, current license in good standing issued by another state to
engage in the practice of psychology and submits proof of having satisfied that state's
continuing education requirements, shall be deemed to have satisfied the requirements of
(a)4 above. If the other state does not have any continuing education requirements, the
requirements of (a)4 above apply.
c) If a Board review of an application establishes a basis for concluding that there may be
practice deficiencies in need of remediation prior to reactivation, the Board may require the
applicant to submit to and successfully pass an examination or an assessment of skills, a
refresher course, or other requirements as determined by the Board prior to reactivation of
the license. If that examination or assessment identifies deficiencies or educational needs,
the Board may require the applicant, as a condition of reactivation of licensure, to take, and
successfully complete, education or training, or to submit to supervision, monitoring, or
limitations, as the Board determines necessary to assure that the applicant practices with
reasonable skill and safety. The Board may restore the license subject to the applicant's
completion of training within a period of time prescribed by the Board following the
restoration of the license. In making its determination whether there are practice deficiencies
requiring remediation, the Board may consider the following:`
1)
Length of time license was inactive;
2)
Employment history;
3)
Professional history
4)
Disciplinary history and any action taken against the applicant's license by any
professional or occupational board
5)
Actions affecting the applicant's privileges taken by any institution, organization, or
employer related to the practice of psychology or other professional or occupational
practice in New Jersey, any other state, the District of Columbia, or in any other
jurisdiction;
6)
Pending proceedings against a professional or occupational license issued to the
licensee by a professional or occupational board in New Jersey, any other state, the
District of Columbia, or in any other jurisdiction; and
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7)
Civil litigation related to the practice of psychology or other professional or occupational
practice in New Jersey, any other state, the District of Columbia, or in any other
jurisdiction.
13:42-10.19 LICENSE REINSTATEMENT
a) A licensee who has had his or her license suspended pursuant to N.J.A.C 13:42-10.17(e)
may apply to the Board for reinstatement. A licensee applying for reinstatement shall submit:
1)
A reinstatement application;
2)
A certification of employment listing each job held during the period of suspended license
that includes the name, address, and telephone number of each employer;
3)
The renewal fee set forth at N.J.A.C. 13:42-6.1 for the biennial period for which
reinstatement is sought;
4)
The past due renewal fee for the biennial period immediately preceding the renewal
period for which reinstatement is sought;
5)
The reinstatement fee set forth at N.J.A.C. 13:42-6.1; and
6)
Evidence of having completed all continuing education credits for the current biennial
registration period, consistent with the requirements set forth at N.J.A.C. 13:42-10.20.
b) An applicant who holds a valid, current license in good standing issued by another state to
engage in the practice of psychology and submits proof of having satisfied that state's
continuing education requirements, shall be deemed to have satisfied the requirements of
(a)6 above. If the other state does not have any continuing education requirements, the
requirements of (a)6 above apply.
c) If a Board review of an application establishes a basis for concluding that there may be
practice deficiencies in need of remediation prior to reinstatement, the Board may require the
applicant to submit to and successfully pass an examination or an assessment of skills, a
refresher course, or other requirements as determined by the Board prior to reinstatement of
the license. If that examination or assessment identifies deficiencies or educational needs,
the Board may require the applicant, as a condition of reinstatement of licensure, to take and
successfully complete education or training, or to submit to supervision, monitoring, or
limitations, as the Board determines necessary to assure that the applicant practices with
reasonable skill and safety. The Board may restore the license subject to the applicant's
completion of training within a period of time prescribed by the Board following the
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restoration of the license. In making its determination whether there are practice deficiencies
requiring remediation, the Board may consider the following:
1)
Length of time license was suspended;
2)
Employment history;
3)
Professional history;
4)
Disciplinary history and any action taken against the applicant's license by any
professional or occupational board;
5)
Actions affecting the applicant's privileges taken by any institution, organization, or
employer related to the practice of psychology or other professional or occupational
practice in New Jersey, any other state, the District of Columbia, or in any other
jurisdiction;
6)
Pending proceedings against a professional or occupational license issued to the
licensee by a professional or occupational board in New Jersey, any other state, the
District of Columbia, or in any other jurisdiction; and
7)
Civil litigation related to the practice of psychology or other professional or occupational
practice in New Jersey, any other state, the District of Columbia, or in any other
jurisdiction.
13:42-10.20 CONTINUING EDUCATION
a) Upon the first biennial license renewal after June 19, 2018, and upon every biennial license
renewal thereafter, licensees shall attest that they have completed courses of continuing
education of the types and number of credits specified in (b) and (c) below and in N.J.A.C.
13:42-10.21. Falsification of any information submitted on the renewal application may
require an appearance before the Board and may subject a licensee to penalties and/or
suspension or revocation of the license pursuant to N.J.S.A. 45:1-21 through 45:1-25.
b) Each applicant for biennial license renewal shall be required to complete during the
preceding biennial period 40 credits of continuing education related to the practice of
psychology, except as provided in (c) below. These 40 credits shall include at least four
credits in topics related to domestic violence and, commencing with the biennial renewal
period beginning on July 1, 2019, one credit in topics concerning prescription opioid drugs,
including the risks and signs of opioid abuse, addiction, and diversion.
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c) Licensees applying for their first biennial renewal shall not be required to indicate that they
completed continuing education requirements.
d) A licensee who completes more than the minimum continuing education credit hours set
forth in (b) above in any biennial registration period may carry no more than 10 of the
additional credit hours into a succeeding biennial period.
13:42-10.21 CONTINUING EDUCATION PROGRAMS
a) A licensee shall successfully complete at least 20 of the required 40 continuing education
credits through continuing education courses or programs related to the practice of
psychology, one credit for each hour of instruction. Courses or programs shall either be
presented by the following or be presented by providers approved by the following:
1)
American Psychological Association;
2)
National Register of Health Service Psychologists;
3)
Association of State and Provincial Psychology Board; or
4)
American Medical Association.
b) A licensee may complete up to 19 of the required 40 continuing education credits from the
following:
1)
Completing a graduate course, related to the practice of psychology, given by a school,
college, or university accredited by a regional accrediting body recognized by the United
States Department of Education or the Council on Postsecondary Accreditation, one
credit for each hour of instruction up to 20 credits;
2)
Authorship of a textbook or a chapter of a textbook directly related to the practice of
psychology published in the biennial renewal period for which the licensee is allocating
the credits, five credits for each chapter up to five credits;
3)
Authorship of an article, which has been refereed through peer review, related to the
practice of psychology in a psychological, medical, or health related journal published in
the biennial renewal period for which the licensee is allocating the credits, five credits per
article up to five credits;
4)
Presenting a new lecture or seminar to professional peers, or teaching or developing the
curriculum for a new continuing education course or program related to psychology. The
lecture, seminar, course, or program shall be approved pursuant to (a) above. "New"
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means that the licensee has never presented the seminar or lecture before, or taught or
developed curriculum for that course or program in any educational setting; one credit for
each 50 minutes of the lecture, seminar, course, or program, up to five credits; or
5)
Teaching or developing the curriculum for a new course related to psychology in a
school, college, or university accredited by a regional accrediting body recognized by the
United States Department of Education or the Council on Postsecondary Accreditation.
"New" means that the licensee has never taught or developed curriculum for that course
in any educational setting, five credits of continuing education for each academic credit
taught up to five credits.
c) A licensee shall successfully complete one of the required 40 continuing education credits
through completion of the Board's jurisprudence online review.
d) At least 10 credits of the 20 required under (a) above shall be in courses or programs in
which there is the opportunity for live interaction with the continuing education instructor.
13:42-10.22 CONTINUING EDUCATION AUDITS; RECORDS OF CONTINUING
E DUC AT IO N
a) The Board shall perform audits on randomly selected licensees to determine compliance with
continuing education requirements.
b) A licensee shall maintain the following documentation for a period of four years after
completion of the credits and shall submit such documentation to the Board upon request:
1)
For attendance at courses or programs presented by a provider approved pursuant to
N.J.A.C. 13:42-10.21(a): a certificate of completion from the provider which includes:
i) The title, date, and location of course offering;
ii) Name of the licensee; and
iii) Number of credits awarded;
2)
For successful completion of a graduate course: a transcript from the school, college, or
university;
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3)
For publication of textbook or article: the published item, including the date of
publication;
4)
For teaching a course or program or developing curriculum: documentation, including a
copy of the curriculum, location, date, and time of course, duration of course by hour,
and a letter from the continuing education provider, or from the school, college, or
university, confirming that the licensee developed or taught the course or program; and
5)
For presenting a lecture or seminar: documentation including the location, date, and
duration of the lecture or seminar, a copy of the presentation, and documentation from
the sponsor of the lecture or seminar indicating that the licensee presented the lecture or
seminar.
13:42-10.23 WAIVER OF CONTINUING EDUCATION REQUIREMENTS
a) The Board may waive the continuing education requirements of N.J.A.C. 13:42-10.20 on an
individual basis for reasons of hardship, such as severe illness, disability, or military service.
1)
A licensee seeking a waiver of the continuing education requirements shall apply to the
Board in writing at least 90 days prior to license renewal and set forth in specific detail
the reasons for requesting the waiver. The licensee shall provide the Board with
supplemental materials that support the request for waiver.
2)
A waiver of continuing education requirements granted pursuant to this section shall be
effective only for the biennial period for which such waiver is granted. If the condition(s)
that necessitated the waiver continue(s) into the next biennial period, a licensee shall
apply to the Board for the renewal of such waiver for the new biennial period.
13:42-10.24 ADDITIONAL CONTINUING EDUCATION REQUIREMENTS
a) The Board may direct or order a licensee to complete continuing education credits:
1)
As part of a disciplinary or remedial measure in addition to the required 40 hours of
continuing education; or
2)
To correct a deficiency in the licensee's continuing education requirements.
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b) Any continuing education credits completed by the licensee in compliance with an order or
directive from the Board as set forth in (a) above shall not be used to satisfy the minimum
continuing education requirements as set forth in N.J.A.C. 13:42-10.20.
SUBCHAPTER 11.
ACCESS TO TREATMENT INFORMATION IN DESIGNATED HEALTH
INSURANCE PROGRAMS
13:42-11.1 PURPOSE AND SCOPE
a) This subchapter implements the provisions of P.L. 1985, c.256 (N.J.S.A. 45:14B-31 et seq.),
which limits the scope of and establishes procedures by which clients may authorize
licensees to disclose confidential information upon the request of an insurer or other third-
party payor. The following provisions of (b) through (d) below apply, unless the third-party
payor is:
1)
A self-insured employer or an entity providing administrative services to such an
employer for the purpose of determining entitlement to benefits; or
2)
The payor is a "stop-loss" plan (i.e., a plan in which an employer self-insures up to a
certain amount and then purchases excess insurance beyond that amount from an
insurance company. (See also 13:42-8.4.)
b) Any consent or agreement purporting to waive the provisions of P.L. 1985, c.256 or this
subchapter shall be against public policy and void.
c) The provisions of this subchapter shall not apply when access to client treatment records
may be had by otherwise lawful methods, as set forth in N.J.A.C. 13:42-11.11.
d) Nothing in this subchapter shall preclude an interested party, including a licensee, from:
1)
Filing a complaint with the Board regarding the conduct of a licensee or of an
independent professional review committee (IPRC) member;
2)
Notifying the Board of an apparently improper demand for confidential information made
upon a licensee by an insurance carrier or other third party; or
3)
Notifying the Board of an apparently improper termination or threat to terminate third
party benefits without compliance with P.L. 1985, c.256 and this subchapter.
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13:42-11.2 DEFINITIONS
As used in this subchapter, the following words shall have the following meanings unless the
context clearly indicates otherwise and except as otherwise expressly provided:
"Customary" means that range of usual practices provided by psychologists of similar
education, experience and orientation within a similar geographic or socioeconomic area.
"Education" means completion of any of the educational programs and attainment of the
attendant degrees that have qualified a person for licensure under the Act; that is, Ph.D., Ed.D.,
Psy.D. For the purposes of assigning reviewers of similar education to a given claim under
review, the holders of any of these degrees shall be deemed equivalent.
"Experience" means one of the following areas of specialized practice: psychotherapy with
adults and adolescents; psychotherapy with children; marital/family therapy; testing assessment.
"Orientation" means one of the following five theoretical positions: behavioral,
humanistic/existential, psychoanalytic, systems, or eclectic.
"Psychological services" means the provision of professional services which arc founded
upon psychological principles derived from a base of scientific knowledge and a recognized and
accepted theory of clinical application; and used to promote the optimal development of an
individual's potential or to ameliorate an individual's emotional disturbances and maladjustment
as manifested in personal and interpersonal situations. Psychological services shall be selected
and rendered to clients based upon the client's need, the treating psychologist's professional
experience, knowledge of empirical and theoretical literature and professional guidelines and
standards. Psychological services shall be necessary and appropriate in light of the client's
circumstances, the diagnosis, the reasonableness of goals, and the adequacy of progress.
"Reasonable" means that there is a professionally acceptable probability that the client will
realize a significant benefit from continuation of the psychological treatment.
"Stage I (Preliminary Disclosure)" means a request from a third party payor to obtain certain
limited information about a client from the treating psychologist for the purpose of permitting the
client to obtain or continue benefits from the third party payor for psychological services.
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"Stage II Review" means a review conducted by an independent professional review
committee (IPRC), established pursuant to N.J.S.A. 45:14B-44, for the purposes of determining
whether the treatment is usual, customary or reasonable.
"Stage III Review" means a review conducted by the IPRC when the reviewers are unable to
determine, based upon the information provided in Stage II, whether the treatment is usual,
customary or reasonable.
"Stage IV Review" means a comprehensive review conducted by the IPRC when the
reviewers are unable to determine, based upon the information provided in Stage III, whether the
treatment is usual, customary or reasonable.
"Usual" means a practice in keeping with the licensee's general mode of operation.
13:42-11.3 STAGE I (PRELIMINARY DISCLOSURE); REQUIRED AUTHORIZATION
a) When a licensee receives a request from a third party payor for information about
psychological services rendered by the licensee, the licensee shall request a valid
authorization from the client or other designated person.
b) The licensee shall secure the authorization within 14 days of receiving the request from the
third party payor, unless precluded from doing so by the circumstances of the case.
c) The authorization shall be in writing and shall specify at least the following:
1)
The nature of the information to be disclosed, the person authorized to disclose the
information, to whom the information may be disclosed, the specific purposes for which
the information may be used at the time of disclosure and at any future time;
2)
That the client is aware of the statutory privilege for confidential communication between
a client and a licensed psychologist; and
3)
That the consent may be revoked in writing by the client at any time, if such notice is
given to both the treating psychologist and the recipient named in the authorization.
d) The authorization shall be signed and dated by the client or the person authorizing the
disclosure. If the client is adjudicated incompetent or is deceased, the authorization shall be
signed by the client's legally authorized representative. When the client is more than 14
years of age but has not yet reached age 18, the authorization shall be signed by the client
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and by the client's parent or legal guardian. When the client is less than 14 years of age, the
authorization shall be signed only by the client's parent or legal guardian.
e) The authorization shall apply only to information existing as of the date signed and is
effective for one year only from the date signed.
f) The licensee shall provide a copy of the authorization to the client or the person authorizing
the disclosure.
13:42-11.4 STAGE I: INFORMATION TO BE PROVIDED TO THE THIRD PARTY
PAYO R
a) A Stage I inquiry does not involve the Independent Professional Review Committee (IPRC).
The licensee shall provide the information set forth below directly to the third party payor.
b) Within 10 days of receipt of the authorization required pursuant to N.J.A.C. 13:42-11.3, the
treating psychologist shall provide the third-party payor with basic client information limited
to the following. The information provided shall be marked "Confidential" and forwarded to
the attention of the specific individual designated in the authorization, if any.
1)
Administrative information, defined as the client's name, age, sex, address, educational
status, identifying number within the insurance program, date of onset of difficulty, date
of initial consultation, dates and character of sessions (individual or group) and fees;
2)
Diagnostic information, defined as therapeutic characterizations of the type found in the
International Statistical Classification of Diseases and Related Health Problems,
published by the World Health Organization, 525 Twenty-Third St. N.W., Washington,
D.C. 20037, incorporated herein by reference, as amended and supplemented, or
Diagnostic and Statistical Manual of Mental Disorders (DSM-5), published by the
American Psychiatric Association, 800 Maine Avenue, S.W., Suite 900, Washington, DC
20024;
3)
Status of the client (voluntary or involuntary; inpatient or outpatient);
4)
The reason for continuing psychological services, limited to an assessment of the client's
current level of functional impairment and level of distress. Each aspect shall be
described as "none," or by the term mild, moderate, severe or extreme; and
5)
Prognosis, limited to an estimate of the minimal time during which treatment might
continue.
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13:42-11.5 STAGES II, III AND IV; INFORMATION TO BE PROVIDED TO
INDEPENDENT PROFESSIONAL REVIEW COMMITTEE
a) The licensee shall notify the Board within 10 days of a request by a third party payor for a
Stage II, III or IV review by the IPRC, established pursuant to N.J.S.A. 45:14B-44 and
N.J.A.C. 13:42-11.6. The notification shall include the following information:
1)
The licensee's major theoretical orientation; that is, behavioral, humanistic/existential,
psychoanalytic, systems, or eclectic; and
2)
The licensee's area of practice specialization; for example, psychotherapy with adults
and adolescents, psychotherapy with children, marital/family therapy or
testing/assessment.
b) Within 10 days of the Board's receipt of the licensee's notification, the Board shall designate
two or more members of the IPRC to serve as reviewers of the case and shall inform the
licensee of their names and addresses.
c) The licensee shall immediately provide, directly to the IPRC and not to the Board, the client's
written authorization and shall disclose to the IPRC, in writing, confidential information
concerning the client's treatment limited to the following:
1)
For a Stage II review: The case identification number; status of the client; duration and
frequency of treatment; diagnosis including all five Axes; prognosis (including minimal
length of future treatment expressed in terms of identified goal(s)); the reason for
continuing psychological services stated in terms of the various functions assessed; and
professional judgment as to level of impairment and level of distress (each rated as
none, mild, moderate, severe or extreme).
2)
For a Stage III review: All of the information set forth in (c)1 above plus a written
statement describing the licensee's customary mode of treatment for the particular
diagnosis and for the client in question, within the context of the licensee's theoretical
orientation.
3)
For a Stage IV review: All of the information set forth in (c)1 and 2 above, details and
circumstances concerning the case under review, and the entire client record for
inspection by the reviewers.
d) In the event a client declines to provide the authorizations required pursuant to P.L. 1985,
c.256 and N.J.A.C. 13:42-11.3, the review process shall not be undertaken pursuant to the
IPRC process. The licensee shall so notify the third party payor and any assigned reviewers.
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e) Absent good cause shown, failure of the licensee to comply with any of the provisions of P.L.
1985, c.256 or this subchapter shall subject the licensee to any of the disciplinary sanctions
authorized by law. Good cause shall include, but not be limited to, taking vacations of
reasonable length, illness, serious family problems, or not receiving daily mail deliveries if
there is more than one practice location.
13:42-11.6 INDEPENDENT PROFESSIONAL REVIEW COMMITTEE;
RESPONSIBILITIES OF THE BOARD
a) The Board shall appoint IPRC members from a pool of volunteer licensed psychologists who
are screened and trained by the Board. The Board shall appoint to the IPRC, for a three-year
term, licensees who demonstrate that they are:
1)
Licensed in New Jersey for the five years immediately preceding appointment;
2)
Active practitioners with a current minimum average of 10 hours per week of direct
service in the areas of service they are authorized to review; for example, psychotherapy
with adults and adolescents; psychotherapy with children; marital/family therapy;
testing/assessment; and
3)
Respected and known by their professional colleagues for the quality of their clinical
work and exemplary professional conduct.
b) The IPRC Administrator shall, within 10 days of receipt of notification from a licensee or a
request by a third party payor for a Stage II review, designate two members of the IPRC to
conduct the review and notify the treating psychologist of the assignment of reviewers.
c) To the extent practicable, reviewers designated for case review shall be knowledgeable in
the orientation used by the treating psychologist and the customary practices of that
orientation.
13:42-11.7 STAGE II REVIEW BY INDEPENDENT PROFESSIONAL REVIEW
COMMITTEE
a) The reviewers shall examine the material submitted by the treating psychologist as specified
in N.J.A.C. 13:42-11.5 (c), as well as any material made available by the third party payor,
including, but not limited to, billing statements, treating doctor reports and claim forms, and
the report of an independent examining practitioner, if any.
b) Each reviewer shall make an independent assessment of the material provided to determine,
on the basis of the limited information provided, whether the psychological services for which
payment is claimed are usual, customary or reasonable.
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c) Each reviewer shall confer with the other designated reviewer to ascertain whether there is
agreement on the finding.
d) If, on the basis of the information provided, the reviewers can certify that the treatment is
usual, customary or reasonable, the reviewers shall so notify the third party payor and the
Board, and no further review shall be undertaken by the IPRC.
e) If the two reviewers are unable to agree that services are usual, customary or reasonable, or
if they both agree that the services are not; or if both reviewers find the information provided
to be insufficient to reach a conclusion, the reviewers shall proceed to Stage III and shall so
notify the Board and the treating psychologist.
13:42-11.8 STAGE III REVIEW BY INDEPENDENT PROFESSIONAL REVIEW
COMMITTEE
a) The two designated reviewers shall request the treating psychologist to provide a written
statement describing his or her customary mode of treatment for the particular diagnosis and
for the client in question, within the context of the psychologist's theoretical orientation.
b) If, on the basis of the information provided, the reviewers can certify that the treatment is
usual, customary or reasonable, the reviewers shall so notify the third party payor and the
Board, and no further review shall be undertaken by the IPRC.
c) If the two reviewers are unable to agree that the treatment is usual, customary or
reasonable, or if they both agree that the services are not usual, customary or reasonable, or
if one or both reviewers find the information provided to be insufficient to reach such a
conclusion, the reviewers shall proceed to Stage IV and shall so notify the Board and the
treating psychologist.
13:42-11.9 STAGE IV REVIEW BY INDEPENDENT PROFESSIONAL REVIEW
COMMITTEE
a) In a Stage IV review, the Board shall appoint a third reviewer.
b) The reviewers shall request the treating psychologist to provide details and circumstances
concerning the case under review. The reviewers shall request production of the original
client record including session notes, test data and results, etc.
c) On the basis of the information provided, the reviewers shall then certify to the third party
payor and the Board their conclusion as to whether the treatment is usual, customary or
reasonable. The conclusion of a majority of the three-person IPRC shall be reported as the
conclusion of the Committee.
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d) The reviewers shall certify to the third party payor the date and length of time of their
consultation in reviewing the case.
13:42-11.10 INDEPENDENT PROFESSIONAL REVIEW COMMITTEE;
RESPONSIBILITIES OF REVIEWERS
a) IPRC reviewers shall complete the entire review process, that is, Stages II, III (if necessary)
and IV (if necessary), within 20 days of their receipt of the review request by the Board. The
Board shall interpret the timeframe to be exclusive of days lost as a result of injury or
extenuating personal circumstances. The reviewers shall inform the Board or arrange for
another to do so when such unforeseen event prevents the timely completion of a review
assignment. The Board shall, in that event, attempt to appoint a substitute reviewer to
complete the assignment.
b) A reviewer shall treat all information provided by the treating psychologist as confidential and
shall not disclose the information to the third party payor or to any private person.
c) Upon termination of a reviewer's practice, the reviewer or his or her designee shall transfer
all IPRC records to the IPRC office.
d) A reviewer who believes that the information disclosed in the review raises a substantial
possibility that a psychologist has engaged in any act or practice declared unlawful by a
statute, regulation or accepted standard of practice of the Board shall make a report to the
Board, which may conduct its own inquiry.
13:42-11.11 INDEPENDENT BOARD INVESTIGATION
a) The Board may conduct its own inquiry into a matter pursuant to N.J.S.A. 45:1-18,
notwithstanding prior consideration by the IPRC, in the following circumstances:
1)
The Board is requested by the third party payor, acting in good faith, to conduct an
independent investigation of a matter; and
2)
The third party payor's request sets forth specific grounds for questioning the IPRC
results.
b) The Board, at its discretion, may require the IPRC to provide to the Board the complete file
of the review team for investigative purposes.
c) Independent investigation by the Board shall not preclude any available right of the reviewer
to judicial review pursuant to N.J.S.A. 45:14B-34(d).
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13:42-11.12 CIRCUMSTANCES IN WHICH IPRC PROCESS IS NOT REQUIRED
a) The IPRC process is not required for otherwise lawful methods of access to client treatment
records in the following circumstances:
1)
The client, vis-a-vis another person or a third party payor, has placed his or her mental
condition in issue in a litigation context, and the client has consented to release of
records of the treating psychologist;
2)
The treating psychologist has been requested to provide information regarding
underlying claims for damages or for reimbursement of professional fees, as authorized
or directed by the Rules of Court or by order of a court of competent jurisdiction (not the
mere service of an attorney's subpoena for discovery in litigation);
3)
The third party payor has requested, pursuant to applicable laws, inspection of the client
record and/or preparation by the licensee of a written report; that is, the Personal Injury
Protection Program established by P.L. 1972, c.70, N.J.S.A. 39:6A-13(b) and (e), as
amended or superseded, with regard to injuries resulting from motor vehicle accidents;
4)
A third party payor has directed the client-insured to submit to mental or physical
examination by an appropriate practitioner who prepares and submits findings and
conclusions, pursuant to N.J.S.A. 39:6A- 13(d), (e), (f);
5)
A hospital, nursing home or other similar licensed health care institution has requested
the licensee to provide existing client records of an inpatient for the purpose of ongoing
evaluation;
6)
A third party payor has requested access to hospital records, to the extent permitted by
hospital rules governing the release of client records and/or mental health records in
particular; or
7)
The Board or the Attorney General has subpoenaed a complete copy of treatment
records for the purpose of determining whether the conduct of a Board licensee conforms
to accepted standards of practice.
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SUBCHAPTER 12.
CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF
PARENTAL RIGHTS EVALUATIONS
13:42-12.1 PURPOSE AND SCOPE
The rules in this subchapter set forth the minimum requirements for licensed psychologists
who perform custody/parenting time evaluations and termination of parental rights evaluations.
13:42-12.2 QUALIFICATIONS
a) A licensee shall be qualified to perform custody/parenting time evaluations and/or
termination of parental rights evaluations through education, training and/or supervision in all
of the following categories:
1)
Child growth and development;
2)
Psychological testing;
3)
Parent-child bonding;
4)
Scope of parenting;
5)
Adult development and psychopathology;
6)
Family functioning;
7)
Child and family development;
8)
Child and family psychopathology;
9)
The impact of divorce or family dissolution on children; and
10)
The impact of age, gender, race, ethnicity, national origin, language, culture, religion,
sexual orientation/identity, disability and socioeconomic status on custody/parenting time
evaluations.
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b) When the following topics are involved, a licensee shall have education, training and/or
supervision in the specific topic or the licensee shall refer to a licensed health care provider
who has education, experience, training and/or supervision in the following topics:
1)
Physical, sexual or psychological abuse of spouse or children;
2)
Neglect of children;
3)
Alcohol or substance abuse that impairs the ability to parent;
4)
Medical/physical/neurological impairment that affects the ability to parent; or
5)
Other areas beyond the licensee's expertise that are relevant to the custody/parenting
time evaluation.
c) Any licensee using psychometric instruments in the course of performing custody/parenting
time evaluations and/or termination of parental rights evaluations shall comply with the
requirements set forth at N.J.A.C. 13:42-10.5.
d) Applicants for licensure who hold a temporary permit pursuant to N.J.A.C. 13:42-3.1 and 3.2
shall not perform custody/parenting time evaluations and termination of parental rights
evaluations.
e) A licensee shall maintain documentation that demonstrates the licensee's education,
training, supervision or self-study in the topics from (a) and (b) above.
f) If a licensee consults with an expert pursuant to (b) above, the licensee shall document the
consultation.
13:42-12.3 DUAL RELATIONSHIPS
a) If a licensee is or has been a treating therapist for any person who is part of the
custody/parenting time evaluation and/or termination of parental rights evaluation, the
treating therapist shall not assume either the role of an evaluator in the custody/parenting
time evaluation and/or termination of parental rights evaluation, or the role of a parenting
coordinator and shall advise any party or court of this prohibition.
b) A licensee who is a treating therapist may report on a patient's mental health status and
treatment issues but shall not make any recommendations regarding custody or termination
of parental rights.
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c) After the evaluation process is completed, a licensee whose initial involvement with a case
has been as an evaluator may agree to function subsequently as a treating therapist or
parent coordinator, but shall no longer function as an evaluator in the case.
13:42-12.4 COMMUNICATIONS
a) If a licensee is court-appointed, the licensee shall communicate any information only to the
court and both parties or their attorneys simultaneously, either in writing or through a
conference call.
b) If a licensee is selected by both parties without a court appointment, the licensee shall
communicate any information only to both parties or their attorneys simultaneously, either in
writing or through a conference call.
c) If a licensee is selected by only one party, the licensee shall communicate any information
only to that party or the party's attorney.
13:42-12.5 REQUIRED DISCLOSURES
a) A licensee shall provide information, in writing, to the parties to assist them in understanding
the nature of the custody/parenting time evaluation and/or termination of parental rights
evaluation and the implications of their agreement to participate. This information shall
include the following:
1)
Purpose, procedures and methods;
2)
Fees;
3)
Responsibility of parties for payment of the fees and whether payment will be required
prior to the delivery of any report;
4)
Limits of confidentiality;
5)
Special policies pertaining to issues, such as canceled and/or missed appointments; and
6)
Limitation on communications, as set forth in N.J.A.C. 13:42-12.4.
b) A licensee shall inform the parties about the purpose of any assessment instruments,
interview techniques and the use of any information collected. The licensee shall provide this
information, as appropriate, to children, to the extent that they are able to understand.
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13:42-12.6 FEES
a) Before commencing the custody/parenting time evaluation and/or termination of parental
rights evaluation, a licensee shall inform the party or parties responsible for paying the fees,
in writing, of the estimated fees for all anticipated services and any additional fees should
the licensee be required, requested or mandated to perform additional services.
b) A licensee shall provide the party or parties responsible for paying the fees with complete
documentation of all fees, itemizing time, charges and services as appropriate.
c) A licensee may accept payment of fees by retainer or by a pre-arranged fee schedule.
1)
If a partial retainer is accepted, a licensee shall inform the court, attorneys and/or parties
of the schedule for payment of the remainder and of any contingent relationship between
complete payment and final delivery of services. A licensee shall inform the court,
attorneys and/or parties that payment in excess of the reasonable estimate is expected if
delivery of services unforeseeably exceeds that anticipated. A licensee shall inform the
court, attorneys and/or parties that unused fees will be refunded as soon as possible,
upon completion of the professional services.
2)
If payment by a fee schedule is accepted, a licensee shall provide a complete
explanation of the expected per-visit payment or other scheduled costs.
d) A licensee may require payment for a report prior to its delivery provided that prior
notification has been given to the parties under (a) above.
13:42-12.7 REPORTS AND RECOMMENDATIONS
a) A licensee shall complete written reports in a timely manner. Delays of more than two
months from when all data has been collected relevant to the custody/parenting time
evaluation and/or termination of parental rights evaluation are considered excessive. In the
event of extenuating circumstances, such as inability to collect final documents from
collateral contacts, the licensee shall provide, in writing, the reasons for the delay in
accordance with (c), (d) and (e) below.
b) A licensee shall not provide any opinion regarding the psychological functioning of any
individual who has not been personally evaluated. A licensee may report what an evaluated
individual has stated or address theoretical issues or hypothetical questions, as long as the
limited basis of the information is explained.
c) A licensee who is court-appointed shall submit the report only to the court and to both parties
or their attorneys, unless otherwise specified in a court order.
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d) A licensee who is selected by both parties shall submit the report only to both parties or their
attorneys, unless otherwise specified in a consent order.
e) A licensee who is selected by only one party shall submit the report only to that party or that
party's attorney unless the party notifies the licensee in writing that the party does not want
to receive the report.
SUBCHAPTER 13. TELEMEDICINE
13:42-13.1 PURPOSE AND SCOPE
a) The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A.
45:1-61 et seq.), which authorizes healthcare providers to engage in telemedicine and
telehealth.
b) This subchapter shall apply to all persons who are licensed by the Board as practicing
psychologists.
c) Pursuant to N.J.S.A. 45:1-62, a practicing psychologist must hold a license issued by the
Board if he or she:
1)
Is located in New Jersey and provides psychological services to any client located in or
out of New Jersey by means of telemedicine or telehealth; or
2)
Is located outside of New Jersey and provides psychological services to any client
located in New Jersey by means of telemedicine or telehealth.
d) Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another
state who consults with a licensed practicing psychologist in New Jersey through the use of
information and communications technologies, but does not direct client care, will not be
considered as providing psychological services to a client in New Jersey consistent with
N.J.S.A. 45:14B-1 et seq., and will not be required to obtain licensure in New Jersey in order
to provide such consultation.
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13:42-13.2 DEFINITIONS
The following words and terms, when used in this subchapter, shall have the following
meanings, unless the context clearly indicates otherwise.
"Asynchronous store-and-forward" means the acquisition and transmission of images,
diagnostics, data, and medical and/or mental health information either to or from an
originating site or to or from the licensee at a distant site, which allows for the client to be
evaluated without being physically present.
"Board" means the Board of Psychological Examiners.
"Cross-coverage psychological service" means a licensee who engages in a remote
psychological evaluation of a client, without in-person contact, at the request of another
licensee who has established a proper licensee-client relationship with the client.
"Distant site" means a site at which a licensee is located while providing psychological
services by means of telemedicine or telehealth.
"Licensee" means an individual licensed by the Board as a practicing psychologist.
"On-call" means a licensee is available, where necessary, to physically attend to the
urgent and follow-up needs of a client for whom the licensee has temporarily assumed
responsibility, as designated by the client's primary care provider or other mental health care
provider of record.
"Originating site" means a site at which a client is located at the time that psychological
services are provided to the client by means of telemedicine or telehealth.
"Telehealth" means the use of information and communications technologies, including
telephones, remote client monitoring devices, or other electronic means, to support clinical
health care, provider consultation, client and professional health-related education, public
health, health administration, and other psychological services in accordance with the
provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.).
"Telemedicine" means the delivery of a psychological service using electronic
communications, information technology, or other electronic or technological means to
bridge the gap between a licensee who is located at a distant site and a client who is located
at an originating site, either with or without the assistance of an intervening licensee, and in
accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.).
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"Telemedicine" does not include the use, in isolation, of audio-only telephone conversation,
electronic mail, instant messaging, phone text, or facsimile transmission.
13:42-13.3 STANDARD OF CARE
a) Prior to providing psychological services through telemedicine or telehealth, a licensee shall
determine whether providing those psychological services through telemedicine or telehealth
would be consistent with the standard of care applicable for those psychological services
when provided in-person.
b) If a licensee determines, either before or during the provision of psychological services, that
psychological services cannot be provided through telemedicine or telehealth in a manner
that is consistent with in-person standards of care, the licensee shall not provide
psychological services through telemedicine or telehealth.
c) A licensee who determines that psychological services cannot be provided through
telemedicine or telehealth pursuant to (b) above shall advise the client to obtain
psychological services in-person.
d) A licensee who provides a diagnosis, treatment, or consultation recommendation, including
discussions regarding the risk and benefits of a client's treatment options, through
telemedicine or telehealth shall be held to the same standard of care or practice standards
as are applicable to in-person settings.
13:42-13.4 LICENSEE-CLIENT RELATIONSHIP
a) Prior to providing psychological services through telemedicine or telehealth, a licensee shall
establish a licensee-client relationship by:
1)
Identifying the client with, at a minimum, the client's name, date of birth, phone number,
and address. A licensee may also use a client's assigned identification number, Social
Security number, photo, health insurance policy number, or other identifier associated
directly with the client; and
2)
Disclosing and validating the licensee's identity, license, title, and, if applicable, specialty
and board certifications.
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b) Prior to an initial contact with a client for the purpose of providing psychological services to
the client using telemedicine or telehealth, a licensee shall review the client's history and any
available records.
c) Prior to initiating contact with a client for the purpose of providing psychological services
through telemedicine or telehealth, a licensee shall determine whether he or she will be able
to provide the same standard of care using telemedicine or telehealth as would be provided
if the psychological services were provided in person. The licensee shall make this
determination prior to each unique client encounter.
d) Notwithstanding (a), (b), and (c) above, psychological service may be provided through
telemedicine or telehealth without a proper provider-client relationship if:
1)
The provision of psychological services is for informal consultations with another
healthcare provider performed by a licensee outside the context of a contractual
relationship, or on an irregular or infrequent basis, without the expectation or exchange
of direct or indirect compensation;
2)
The provision of psychological services is during episodic consultations by a medical
and/or psychological specialist located in another jurisdiction who provides consultation
psychological services, upon request, to a licensee in this State;
3)
A licensee furnishes assistance in response to an emergency or disaster, provided that
there is no charge for the assistance; or
4)
A substitute licensee, who is acting on behalf of an absent licensee in the same
specialty, provides psychological services on an on-call or cross-coverage basis,
provided that the absent licensee has designated the substitute licensee as an on-call
licensee or cross-coverage psychological service provider.
13:42-13.5 PROVISION OF PSYCHOLOGICAL SERVICES THROUGH
TELEMEDICINE OR TELEHEALTH
a) As long as a licensee has satisfied the requirements of N.J.A.C. 13:42-13.4, a licensee may
provide psychological services to a client through the use of telemedicine and may engage in
telehealth to support and facilitate the provision of psychological services to clients.
b) Prior to providing psychological services through telemedicine or telehealth, a licensee shall
determine the client's originating site and record this information in the client's record.
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c) A licensee providing psychological services through telemedicine shall use interactive, real-
time, two-way communication technologies, which shall include, except as provided in (e)
below, a video component that allows a licensee to see a client and the client to see the
licensee during the provision of psychological services.
d) A licensee providing psychological services through telemedicine or telehealth may use
asynchronous store-and-forward technology to allow for the electronic transmission of:
1)
Images;
2)
Diagnostics, including test results and interpretation;
3)
Data; and
4)
Medical and psychological information.
e) If, after accessing and reviewing the client's records, a licensee determines that he or she is
able to meet the standard of care for such psychological services if they were being provided
in-person without using the video component described in (c) above, the licensee may use
interactive, real-time, two-way audio in combination with asynchronous store-and-forward
technology, without a video component.
f) During the provision of psychological services through telemedicine or telehealth, and after
the provision of psychological services, a licensee, or another designated licensee, shall
provide his or her name, professional credentials, and contact information to the client. Such
contact information shall enable the client to contact the licensee for at least 72 hours
following the provision of psychological services, or for a longer period if warranted by the
client's circumstances and accepted standards of care.
g) Prior to providing psychological services through telemedicine or telehealth, a licensee shall
review any history or records provided by a client as follows:
1)
For an initial encounter with a client, history and records provided by the client shall be
reviewed prior to the provision of psychological services through telemedicine or
telehealth; and
2)
For any subsequent interactions with a client, history and records provided by the client
shall be reviewed either prior to the provision of psychological services through
telemedicine or telehealth or contemporaneously with the encounter with the client.
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h) After the provision of psychological services through telemedicine or telehealth, a licensee
shall provide the client, upon request, with his or her records created due to the
psychological services provided, unless, pursuant to N.J.A.C. 13:42-8.3(e), the licensee
determines that releasing the records would adversely affect the client's health or welfare.
i) A licensee shall provide, upon a client's written request, the client's information to the client's
primary care provider or to other health care and/or mental health care providers.
j) A licensee engaging in telemedicine or telehealth shall refer a client for follow-up care when
necessary.
13:42-13.6 RECORDS
A licensee who provides psychological services through telemedicine or telehealth shall
maintain a record of the care provide to a client. Such records shall comply with the
requirements of N.J.A.C. 13:42-8, and all other applicable State and Federal statutes, rules, and
regulations for recordkeeping, confidentiality, and disclosure of a client's record.
13:42-13.7 PREVENTION OF FRAUD AND ABUSE
a) In order to establish that a licensee has made a good faith effort to prevent fraud and abuse
when providing psychological services through telemedicine or telehealth, a licensee must
establish written protocols that address:
1)
Identification of users;
2)
Identification of the client during the initial intake pursuant to N.J.A.C. 13:42-13.4(a)1;
3)
Identification of the origin of information;
4)
The prevention of unauthorized access to the system or information;
5)
System security, including the integrity of information that is collected, program integrity,
and system integrity;
6)
Maintenance of documentation about system and information usage;
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7)
Information storage, maintenance, and transmission; and
8)
Verification of client profile data.
13:42-13.8 PRIVACY AND NOTICE TO CLIENTS
a) Licensees that communicate with clients by electronic communications other than telephone
or facsimile shall establish written privacy practices that are consistent with Federal
standards under 45 CFR Parts 160 and 164, as amended and supplemented, which are
incorporated herein by reference, relating to privacy of individually identifiable health
information.
b) A licensee who becomes aware of a breach in confidentiality of patient information, as
defined in 45 CFR 164.402, shall comply with the reporting requirements of 45 CFR Part
164.
c) Licensees, or their authorized representatives, shall provide a client, prior to evaluation or
treatment, with copies of written privacy practices and shall obtain the client's written
acknowledgement of receipt of the notice.
d) Licensees who provide psychological services through telemedicine or telehealth, or their
authorized representatives, shall, prior to providing psychological services, give clients
notice regarding telemedicine and telehealth, including the risks and benefits of using
technology to provide psychological services and how to receive follow-up care or assistance
in the event of an inability to communicate as a result of a technological or equipment failure.
A licensee shall obtain a signed and dated statement indicating that the client received this
notice.
e) When telemedicine or telehealth is unable to provide all pertinent clinical information that a
licensee exercising ordinary skill and care would deem reasonably necessary to provide care
to a client, the licensee shall inform the client of this prior to the conclusion of the provision
of care through telemedicine or telehealth and shall advise the client regarding the need for
the client to obtain an additional in-person medical or psychological evaluation reasonably
able to meet the client's needs.
