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State Board of Psychological Examiners Law
Table of Contents
45:14B-1. Short title .............................................................................................................................. 2
45:14B-2. Definitions ............................................................................................................................ 2
45:14B-3. Recognition of educational institutions ............................................................................... 2
45:14B-4. Unauthorized practice of medicine and surgery .................................................................. 2
45:14B-5. Use of title or description by unlicensed person .................................................................. 3
45:14B-6. Activities of unlicensed practicing psychologist ................................................................... 3
45:14B-7. Exceptions not available to certain persons. ...................................................................... 4
45:14B-8. Members of other professional groups doing work of psychological nature ...................... 4
45:14B-9. State board of psychological examiners; number of members ........................................... 4
45:14B-10. Members of board; qualifications ...................................................................................... 5
45:14B-11. Terms .................................................................................................................................. 5
45:14B-12. Removal; hearing; written notice ....................................................................................... 5
45:14B-13. Meetings; chairman, vice-chairman and secretary; seal; quorum; rules and regulations;
issuance of permit or license; expenses; subpoenas ............................................................................ 5
45:14B-14. Application for license; contents ........................................................................................ 6
45:14B-17. Persons applying after January 1, 1968; qualifications for admission to assembled
examination .......................................................................................................................................... 7
45:14B-18. Conduct of examinations .................................................................................................... 7
45:14B-19. Failure to pass examination; reexamination ...................................................................... 7
45:14B-20. License without examination ............................................................................................. 7
45:14B-23. Renewal; application forms ................................................................................................ 8
45:14B-25. Reinstatement .................................................................................................................... 8
45:14B-28. Confidential relations and communications. ..................................................................... 8
45:14B-29. Disposition of fees, fines, penalties and other moneys ..................................................... 8
45:14B-30. Partial invalidity .................................................................................................................. 8
45:14B-31. Definitions ......................................................................................................................... 9
45:14B-32. Disclosure to third-party payor......................................................................................... 9
45:14B-33. Independent review........................................................................................................ 10
45:14B-34. Review procedure ........................................................................................................... 10
45:14B-35. Not waiver of privilege ..................................................................................................... 11
45:14B-36. Valid authorization ........................................................................................................... 11
45:14B-37. Authorization restrictions ............................................................................................... 12
45:14B-38. Copy to authorizer .......................................................................................................... 12
45:14B-39. Further disclosure limited ................................................................................................ 12
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45:14B-40. For specified purposes only .............................................................................................. 12
45:14B-41. Written revocation ........................................................................................................... 12
45:14B-42. Violations; penalties ......................................................................................................... 12
45:14B-43. Waiver void ....................................................................................................................... 13
45:14B-44. Professional review committee ...................................................................................... 13
45:14B-45. Rules, regulations; report ............................................................................................... 13
45:14B-46. Regulatory authority unaffected .................................................................................... 13
45:14B-47. Continuing education for certain practicing psychologists. ............................................. 13
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45:14B-1. Short title
This act shall be known and may be cited as the "Practicing Psychology Licensing Act."
L.1966, c. 282, s. 1.
45:14B-2. Definitions
As used in this act, unless the context clearly requires otherwise and except as in this act expressly
otherwise provided:
(a) "Licensed practicing psychologist" means an individual to whom a license has been issued
pursuant to the provisions of this act, which license is in force and not suspended or revoked as of the
particular time in question.
(b) The "practice of psychology" means the rendering of professional psychological services to
individuals, singly or in groups, whether in the general public or in organizations, either public or
private, for a fee, monetary or otherwise. "Professional psychological services" means the application
of psychological principles and procedures in the assessment, counseling or psychotherapy of
individuals for the purposes of promoting the optimal development of their potential or ameliorating
their personality disturbances and maladjustments as manifested in personal and interpersonal
situations. Within the meaning of this act, professional psychological services does not include the
application for a fee, monetary or otherwise, of psychological principles and procedures for purposes
other than those described in this section.
(c) "Board" means the State Board of Psychological Examiners acting as such under the provisions of
this act.
(d) "Recognized educational institution" means any educational institution which is a 2-year junior
college or one which grants the Bachelor's, Master's, and Doctor's degrees, or any one or more
thereof, and which is recognized by the New Jersey State Board of Education or by any accrediting
body acceptable to the State Board of Psychological Examiners.
L.1966, c. 282, s. 2.
45:14B-3. Recognition of educational institutions
No educational institution shall be denied recognition as a recognized educational institution solely
because its program is not accredited by any professional organization of psychologists and nothing in this
act or in the administration of this act shall require the registration with the board by educational
institutions of Departments of Psychology or doctoral programs in psychology.
L.1966, c. 282, s. 3.
45:14B-4. Unauthorized practice of medicine and surgery
Nothing in this act shall authorize the practice of medicine and surgery by any person not licensed
so to do pursuant to chapter 9 of Title 45 of the Revised Statutes.
L.1966, c. 282, s. 4.
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45:14B-5. Use of title or description by unlicensed person
Commencing January 1, 1968, no person who is not licensed under this act shall represent himself to
be a licensed practicing psychologist, use a title or description, including the term "psychology," any of
its derivatives, such as "psychologist" or "psychological" or modifiers such as "practicing" or "certified,"
in a manner which would imply that he is licensed under this act, or offer to practice or practice
psychology as defined in this act, except as otherwise permitted in sections 6 and 8. The use by a person
who is not licensed under this act of such terms, whether in titles or descriptions or otherwise, is not
prohibited by this act except when in connection with the offer to practice or the practice of psychology
as defined in section 2(b) of this act. Use of such terms in connection with professional activities other
than the rendering of professional psychological services to individuals for a fee, monetary or otherwise,
shall not be construed as implying that a person is licensed under this act or as an offer to practice or as
the practice of psychology.
L.1966, c. 282, s. 5.
45:14B-6. Activities of unlicensed practicing psychologist
Any individual who is not a licensed practicing psychologist shall not be limited in his activities:
(a) As part of his duties as an employee of:
(1) an accredited academic institution, a federal, State, county or local governmental institution
or agency, or a research facility while performing those duties for which he was employed by such
an institution, agency or facility;
(2) a business organization, while performing those duties for which he was employed by such an
organization, and providing the purposes of such an organization do not include the offer to
practice, or the practice of, psychology as defined in section 2(b) of this act;
(3) an organization which is nonprofit and which is, in the opinion of the board, a bona fide
community agency, while performing those duties for which he was employed by such an agency
under the direct supervision of a licensed practicing psychologist. For the purposes of this
subsection a "community agency" means a nonprofit organization supported wholly or in a major
part by public funds.
(b) As required by his employer to the pupils, students or other normal clientele within the scope of
his employment but not to the general public, provided he is employed by a private elementary or
secondary school that requires its psychologists to be certified as school psychologists by the New
Jersey State Department of Education.
(c) As a student of psychology, psychological intern or person preparing for the practice of psychology
under qualified supervision in a training institution or facility recognized by the board provided he is
designated by such titles as "psychological intern," "psychological trainee" or others, clearly indicating
such training status.
(d) As a practicing psychologist for a period not to exceed 10 consecutive business days or 15 business
days in any 90-day period, if he resides outside, and his major practice is outside, of the State of New
Jersey and gives the board a summary of his qualifications and a minimum of 10 days' written notice
of his intention to practice in the State of New Jersey under this section 6(d), provided he (1) is
certified or licensed in another State under requirements the board considers to be the equivalent of
requirements for licensing under this act or (2) resides in a State which does not certify or license
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psychologists and the board considers his professional qualifications to be the equivalent of
requirements for licensing under this act; and is not adjudged and notified by the board that he is
ineligible for licensing under this act.
(e) As a practicing psychologist for a period not exceeding one year, if he has a temporary permit
therefor which the board may issue upon his filing of an application for licensing under this act.
(f) As a practicing psychologist for a period not exceeding three years under the supervision of a
licensed practicing psychologist or a person designated by the board as an eligible supervisor, if he
has a temporary permit therefor which the board may issue upon his completion of all the
requirements for licensing under this act except the supervised experience requirement.
(g) As a practicing psychologist certified as a school psychologist by the State Department of
Education and performing services on behalf of a local school district to students for whom the school
district is responsible to provide services.
L.1966,c.282,s.6; amended 1997, c.140, s.1.
45:14B-7. Exceptions not available to certain persons.
The exceptions specified in subsections (d), (e) and (f) of section 6 of P.L.1966, c.282 (C.45:14B-6) shall
not be available to any person who has been found by a court of this or any other state of the United
States to have been guilty of and who fails to present satisfactory evidence of recovery from or correction
of gross immorality, alcohol use disorder or substance use disorder involving drugs, criminality involving
felonious action or moral turpitude, or dishonorable or unprofessional conduct. An action to determine
whether any person asserting an exemption under subsection (d), (e) or (f) of section 6 of P.L.1966, c.282
(C.45:14B-6) has committed one or more of the acts listed in this section may be brought by the Attorney
General on behalf of the board.
L.1966, c.282, s.7; amended 2017, c.131, s.183.
45:14B-8. Members of other professional groups doing work of psychological nature
Nothing in this act shall be construed to prevent qualified members of other professional groups such
as physicians, osteopaths, optometrists, chiropractors, members of the clergy, authorized practitioners,
attorneys at law, social workers or guidance counselors from doing work of a psychological nature
consistent with the accepted standards of their respective professions, provided, however, that they do
not hold themselves out to the public by any title or description stating or implying that they are
psychologists or are licensed to practice psychology.
L.1966, c. 282, s. 8.
45:14B-9. State board of psychological examiners; number of members
There is hereby created, in the Division of Professional Boards of the Department of Law and Public
Safety, the State Board of Psychological Examiners, which shall consist of 7 members to be appointed by
the Governor. The board shall at all times, except for vacancies, be composed of members who represent
equitably the diverse fields of psychology, a majority of whom shall be licensed practicing psychologists.
All members shall have the qualifications hereinafter set forth in section 10 of this act.
L.1966, c. 282, s. 9.
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45:14B-10. Members of board; qualifications
Each member of the board shall have the following qualifications:
(a) He shall be a resident of this State and a citizen of the United States.
(b) He shall either be a member of or have professional standing equivalent to that required for
classification as a member of the New Jersey Psychological Association and the American
Psychological Association.
(c) He shall be at the time of his appointment, and shall have been for at least 5 years prior thereto,
actively engaged as a psychologist in one or more phases or branches of psychology or in the
education and training of doctoral or postdoctoral students of psychology or in psychological
research, and shall have spent the major portion of the time devoted by him to such activity, during
the 2 years preceding his appointment, in this State.
(d) He shall hold the doctoral degree in psychology or in a closely allied field from a recognized
educational institution.
L.1966, c. 282, s. 10.
45:14B-11. Terms
The terms of the first 7 members of the board shall expire as follows: one member, June 30, 1968; 2
members, June 30, 1969; 2 members, June 30, 1970; 2 members, June 30, 1971. Thereafter, each
member of the board shall be appointed for a term of 3 years. If before the expiration of his term any
member shall die, resign, become disqualified or otherwise cease to be a board member, the vacancy
shall be filled by the Governor by appointment for the unexpired term. Each appointee shall, upon
accepting appointment to the board, take and subscribe to the oath or affirmation prescribed by law and
file same in the office of the Secretary of State.
The first 7 appointees shall be deemed to be and shall become licensed practicing psychologists
immediately upon their appointment and qualification as members of the board.
L.1966, c. 282, s. 11.
45:14B-12. Removal; hearing; written notice
The Governor shall have power to remove from office any member of the board for incompetence,
neglect of duty, unprofessional conduct or moral turpitude; but no board member may be thus removed
until after a public hearing of the charges against him, and at least 30 days prior written notice to such
accused member of the charges against him and of the date fixed for such hearing.
L.1966, c. 282, s. 12.
45:14B-13. Meetings; chairman, vice-chairman and secretary; seal; quorum; rules and regulations;
issuance of permit or license; expenses; subpoenas
The board shall, at its first meeting, to be called by the Governor as soon as may be following the
appointment of its members, and at all annual meetings, to be held in June of each year thereafter,
organize by electing from among its members a chairman, vice-chairman and secretary whose election
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shall be subject to the approval of the Attorney General. Such officers shall serve until the following June
30 and until their successors are appointed and qualified. The board shall adopt a seal which shall be
affixed to all licenses issued by the board. The board shall administer and enforce the provisions of this
act. The board shall hold at least one regular meeting each year; but additional meetings may be held
upon call of the chairman or at the written request of any 2 members of the board. Four members of the
board shall constitute a quorum and no action at any meeting shall be taken without at least 3 votes in
accord. The board shall from time to time adopt such rules and regulations and such amendments thereof
and supplements thereto as it may deem necessary to enable it to perform its duties under and to carry
into effect the provisions of this act. The board shall examine and pass on the qualifications of all
applicants for permits or licenses under the act, and shall issue a permit or license to each qualified
successful applicant therefor, attesting to his professional qualifications to engage in the practice of
psychology.
Each member of the board shall be reimbursed for actual expenses reasonably incurred in the
performance of his duties as a member of or on behalf of the board.
Subject to the approval of the Attorney General, the board shall be empowered to hire such assistants
as it may deem necessary to carry on its activities. All expenditures deemed necessary to carry out the
provisions of this act shall be paid by the State Treasurer from the license fees and other sources of income
of the board, within the limits of available appropriations according to law, but in no event shall
expenditures exceed the revenues of the board during any fiscal year. The board, through its chairman
or secretary, may issue subpoenas to compel the attendance of witnesses to testify before the board
and produce relevant books, records and papers before the board and may administer oaths in taking
testimony, in any matter pertaining to its duties under the act (including, without limitation, any hearing
authorized or required to be held by the board under any provisions of this act), which subpoenas shall
issue under the seal of the board and shall be served in the same manner as subpoenas issued out of the
Superior Court. Every person who refuses or neglects to obey the command of any such subpoena, or
who, after hearing, refuses to be sworn and testify, shall, in either event, be liable to a penalty of $50.00
to be sued for in the name of the board in any court of competent jurisdiction, which penalty when
collected shall be paid to the secretary of the board.
L.1966, c. 282, s. 13.
45:14B-14. Application for license; contents
Each person desiring to obtain a license as a practicing psychologist shall make application therefor
to the board upon such form and in such manner as the board shall prescribe and shall furnish evidence
satisfactory to the board that he:
(a) Is at least 21 years of age;
(b) Is of good moral character;
(c) Is not engaged in any practice or conduct which would be a ground for refusing to issue, suspending
or revoking a license issued pursuant to this act;
(d) Qualifies for licensing by an examination of credentials or for admission to an assembled
examination to be conducted by the board.
L.1966, c. 282, s. 14.
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45:14B-17. Persons applying after January 1, 1968; qualifications for admission to assembled
examination
Any person applying to the board, after January 1, 1968, may be admitted to an assembled
examination if he meets the qualifications set forth in section 14(a), (b) and (c) and provides evidence
satisfactory to the board that he:
(a) Has received the degree of Doctor of Philosophy in psychology from a recognized educational
institution, or in lieu of such degree, a doctoral degree in a closely allied field if it is the opinion of the
board that the training required therefor is substantially similar, or has otherwise had training in
psychology deemed equivalent by the board;
(b) Has engaged for the equivalent of at least 2 years full time, at least 1 year of which was subsequent
to his receiving the doctoral degree, in professional employment in the practice of psychology under
the supervision of a licensed psychologist or of one clearly eligible for licensure in the opinion of the
board, which employment the board deems sufficient to warrant its opinion that the applicant is
competent to engage in the practice of psychology as a licensed psychologist, subject to his satisfying
the other requirements for such license specified in this act.
L.1966, c. 282, s. 17.
45:14B-18. Conduct of examinations
The board shall conduct assembled examinations at least once a year at a time and place to be
designated by it. Assembled examinations shall be written and, if the board deems advisable, oral. In any
written examination each applicant shall be designated by a number so that his name shall not be
disclosed to the board until examinations have been graded. Examinations shall include questions in such
theoretical and applied fields as the board deems most suitable to test an applicant's knowledge and
competence to engage in the practice of psychology. An applicant shall be held to have passed an
examination upon the affirmative vote of at least 4 members of the board.
L.1966, c. 282, s. 18.
45:14B-19. Failure to pass examination; reexamination
Any person who shall have failed an examination conducted by the board may not be admitted to a
subsequent examination for a period of at least 6 months.
L.1966, c. 282, s. 19.
45:14B-20. License without examination
The board may issue a license by an examination of credentials to any applicant who presents
evidence that he (a) is licensed or certified as a psychologist in another State with requirements for said
license or certificate such that the board is of the opinion that said applicant is competent to engage in
the practice of psychology in this State or (b) holds a diploma from a nationally recognized psychological
board or agency.
L.1966, c. 282, s. 20.
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45:14B-23. Renewal; application forms
On or before April 15 in each year the secretary of the board shall forward to the holder a form of
application for renewal thereof. Upon the receipt of the completed form and the renewal fee on or before
June 30 the secretary shall issue a new license for the year commencing July 1. Any application for renewal
of a license which has expired shall in addition require the payment of a reregistration fee, or in such cases
as the board may by rule prescribe, by a new application fee.
L.1966, c. 282, s. 23.
45:14B-25. Reinstatement
Application may be made to the board for reinstatement, at any time after the expiration of 1 year
from the date of revocation of a license. Such application shall be in writing and shall be accompanied by
the reinstatement fee. The board shall not reinstate any applicant, unless satisfied that he is competent
to engage in the practice of psychology, and, if it deems same necessary for such determination, may
require the applicant to pass an examination.
L.1966, c. 282, s. 25.
45:14B-28. Confidential relations and communications.
The confidential relations and communications between and among a licensed practicing psychologist
and individuals, couples, families or groups in the course of the practice of psychology are placed on the
same basis as those provided between attorney and client, and nothing in this act shall be construed to
require any such privileged communications to be disclosed by any such person.
There is no privilege under this section for any communication: (a) upon an issue of the client's
condition in an action to commit the client or otherwise place the client under the control of another or
others because of alleged incapacity, or in an action in which the client seeks to establish his competence
or in an action to recover damages on account of conduct of the client which constitutes a crime; or (b)
upon an issue as to the validity of a document as a will of the client; or (c) upon an issue between parties
claiming by testate or intestate succession from a deceased client.
L.1966,c.282,s.28; amended 1981, c.303, s.1; 1994, c.134, s.11; 1997, c.379, s.11.
45:14B-29. Disposition of fees, fines, penalties and other moneys
All fees, fines, penalties and other moneys derived from the operation of this act shall be paid to the
board and by it remitted to the State Treasurer.
L.1966, c. 282, s. 29.
45:14B-30. Partial invalidity
If any provision of this act or the application thereof to any person or circumstance is held invalid,
such invalidity shall not affect any other provisions or applications of the act which can be given effect
without such invalid provision or application, and to this end the provisions of this act are declared to be
severable.
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L.1966, c. 282, s. 30.
45:14B-31. Definitions
As used in this act:
a. "Administrative information" means a patient's name, age, sex, address, educational status,
identifying number, date of onset of difficulty, date of initial consultation, dates and character of
sessions (individual or group), and fees;
b. "Diagnostic information" means therapeutic characterizations which are of the types that are
found in the Diagnostic and Statistical Manual of Mental Disorders (DSM III), of the American
Psychiatric Association, or other professionally recognized diagnostic manual;
c. "Disclose" means to communicate any information in any form;
d. "Independent professional review committee" means that group of licensed psychologists
established pursuant to section 14 of this act by the State Board of Psychological Examiners;
e. "Third-party payor" means any provider of benefits for psychological services, including but not
limited to insurance carriers and employers, whether on an indemnity, reimbursement, service or
prepaid basis, but excluding governmental agencies;
f. "Usual, customary or reasonable." In applying this standard the following definitions are
applicable:
(1) "Usual" means a practice in keeping with the particular psychologist's general mode of
operation;
(2) "Customary" means that range of usual practices provided by psychologists of similar
education, experience, and orientation within a similar geographic or socioeconomic area;
(3) "Reasonable" means that there is an acceptable probability that the patient will realize a
significant benefit from the continuation of the psychological treatment.
In applying the standards of "usual, customary, and reasonable," the following guidelines are
applicable: If a psychological treatment is "usual" or "customary," an inference that the treatment is also
"reasonable" is warranted. If the treatment is neither "usual" nor "customary," then it shall satisfy the
criterion of "reasonable."
L. 1985, c. 256, s. 1.
45:14B-32. Disclosure to third-party payor
A patient who is receiving or has received treatment from a licensed, practicing psychologist may
be requested to authorize the psychologist to disclose certain confidential information to a third-party
payor for the purpose of obtaining benefits from the third-party payor for psychological services, if the
disclosure is pursuant to a valid authorization as described in section 6 of this act and the information is
limited to:
a. Administrative information;
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b. Diagnostic information;
c. The status of the patient (voluntary or involuntary; inpatient or outpatient);
d. The reason for continuing psychological services, limited to an assessment of the patient's current
level of functioning and level of distress (both described by the terms mild, moderate, severe or
extreme);
e. A prognosis, limited to the estimated minimal time during which treatment might continue.
L. 1985, c. 256, s. 2.
45:14B-33. Independent review
If the third-party payor has reasonable cause to believe that the psychological treatment in question
may be neither usual, customary nor reasonable, the third-party payor may request, and compensate
reasonably for, an independent review of the psychological treatment by an independent professional
review committee. The request shall be made in writing to the treating psychologist. No third-party payor
having such reasonable cause shall terminate benefits without following the procedures set forth in
section 4 of this act.
L. 1985, c. 256, s. 3.
45:14B-34. Review procedure
Within 10 days of the receipt of the request for review by a third-party payor, the treating psychologist
shall notify the State Board of Psychological Examiners of the request. Pursuant to the provisions of
section 14 of this act, the State Board of Psychological Examiners shall, within 10 days of the notification,
inform the treating psychologist of two or more members of the independent professional review
committee who shall be known as "reviewers" and who shall conduct the review. Under these
circumstances, the patient may, pursuant to a valid authorization as described in section 6 of this act,
authorize the treating psychologist to disclose to the reviewers the requested confidential information
concerning his treatment. This information shall be disclosed only in accordance with the following
procedure described in this section and shall not be disclosed to a third-party payor or any person other
than the reviewers and shall not contain any reference to the patient's identification but rather shall refer
to an identification number assigned by the third-party payor. If the patient gives a valid written
authorization, the reviewers shall, pursuant to the following review procedure and within 20 days from
their receipt of the review request from the State Board of Psychological Examiners, certify in writing to
the third-party payor whether or not in their opinion the treatment in question is usual, customary or
reasonable or if they are unable to make that determination. The treatment review shall take place as
follows:
a. The treating psychologist shall provide in writing to the reviewers the following information: the
case identification number; the status of the patient; duration and frequency of treatment; the
diagnosis; the prognosis; and the level of functioning and the level of distress, both described by the
terms mild, moderate, severe or extreme. If on the basis of this information the reviewers can certify
that the treatment is usual, customary or reasonable, no further review shall be necessary at that
time.
b. If the reviewers cannot make this determination from the information provided, the reviewers
shall request the treating psychologist to provide a written statement describing his customary mode
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of treatment for the particular diagnosis given. If, on the basis of this information, the reviewers can
certify that the treatment is usual, customary or reasonable, no further review shall be conducted at
that time.
c. If the reviewers cannot make this determination from the information provided, they shall request
the treating psychologist to provide details and circumstances concerning the case under review. The
reviewers shall then certify to the third-party payor their conclusion as to whether or not the
treatment in question is usual, customary or reasonable, and the date and length of time of the
consultation.
d. A negative conclusion by the reviewers pursuant to this section shall not be used retroactively as
a basis for denying benefits for the treatment furnished prior to the review request by the third-party
payor, unless the claim for reimbursement involves fraud or was not filed in a timely manner.
L. 1985, c. 256, s. 4.
45:14B-35. Not waiver of privilege
The authorization and disclosure of confidential information pursuant to the provisions of section 2
or 4 of this act shall not constitute a waiver of the privilege accorded by section 28 of P.L. 1966, c. 282 (C.
45:14B-28), and the third-party payor and the members of the independent professional review
committee are subject to the provisions of that section.
L. 1985, c. 256, s. 5.
45:14B-36. Valid authorization
A valid authorization for the purpose of P.L.1985, c.256 (C.45:14B-30 et seq.) shall:
a. Be in writing;
b. Specify 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, both at the time of disclosure and at any time in the future;
c. Specify that the patient is aware of the statutory privilege accorded by section 28 of P.L.1966,
c.282 (C.45:14B-28) to confidential communications between a patient and a licensed psychologist;
d. State that the consent is subject to revocation at any time;
e. Be signed by the patient or the person authorizing the disclosure. If the patient is adjudicated
incapacitated or is deceased, the authorization shall be signed by the patient's legally authorized
representative. When the patient is more than 14 years of age but has not yet reached majority, the
authorization shall be signed by the patient and by the patient's parent or legal guardian. When the
patient is less than 14 years of age, the authorization shall be signed only by the patient's parent or
legal guardian; and
f. Contain the date upon which the authorization was signed.
L.1985, c.256, s.6; amended 2013, c.103, s.125.
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45:14B-37. Authorization restrictions
Any authorization executed pursuant to this act shall apply only to the disclosure of information which
exists as of the date the authorization is signed and shall not be effective more than one year from that
date.
L. 1985, c. 256, s. 7.
45:14B-38. Copy to authorizer
A copy of the authorization shall be provided to the person authorizing the disclosure.
L. 1985, c. 256, s. 8.
45:14B-39. Further disclosure limited
Information disclosed pursuant to section 2 of this act shall not be further disclosed by the third-party
payor or to any other party or in any legal proceeding without valid authorization, unless disclosure is
otherwise required by law or when relevant to legal disputes between the third-party payor and the
patient with regard to a determination of the entitlement to, or the amount of, payment of benefits for
psychological services.
L. 1985, c. 256, s. 9.
45:14B-40. For specified purposes only
Disclosure of information pursuant to section 2 or 4 of this act is limited to the purposes specified in
the authorization. Information disclosed pursuant to section 2 shall not be revealed by a third-party payor
to any of its directors, officers, employees or consultants other than those authorized by the third-party
payor to effectuate the purposes specified in the authorization, except as provided in section 9 of this act.
L. 1985, c. 256, s. 10.
45:14B-41. Written revocation
A patient who authorizes disclosure of confidential information under section 2 or 4 of this act may
revoke that authorization by providing a written revocation to the recipient named in the authorization
and to the psychologist authorized to disclose the information. The revocation shall be effective upon
receipt. After the effective date of revocation, no information may be disclosed pursuant to the
authorization; however, information previously disclosed may be used for the purposes stated in the
written authorization.
L. 1985, c. 256, s. 11.
45:14B-42. Violations; penalties
Any person who negligently violates the provisions of this act shall be liable in an amount equal to the
damages sustained by the patient plus the costs of the action and reasonable attorney's fees. Any person
who recklessly or intentionally violates the provisions of this act shall be liable in damages sustained by
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the patient in an amount not less than $5,000.00 plus the costs of the action and reasonable attorney's
fees. In either case, either party is entitled to a trial by jury upon request. Any liability imposed for
violation of this act is in addition to, and not in lieu of, any civil or administrative remedy, penalty, or
sanction otherwise authorized by law.
L. 1985, c. 256, s. 12.
45:14B-43. Waiver void
Any consent or agreement purporting to waive the provisions of this act shall be against public policy
and void.
L. 1985, c. 256, s. 13.
45:14B-44. Professional review committee
The State Board of Psychological Examiners shall promulgate rules and regulations to establish an
independent professional review committee whose members shall serve for a three-year term. Members
of the independent professional review committee shall be psychologists who have been licensed in the
State of New Jersey for the preceding five years and who are currently and have been for the preceding
five years engaged for the majority of their professional work in the practice of psychotherapy. The
independent professional review committee shall include three or more psychologists in each of the major
theoretical orientations. The State Board of Psychological Examiners may fill vacancies on the committee
which may from time to time occur, but no person who has served for a full term shall succeed himself.
L. 1985, c. 256, s. 14, eff. July 31, 1985.
45:14B-45. Rules, regulations; report
The State Board of Psychological Examiners shall promulgate rules and regulations to effectuate the
purposes of this act, including the establishment of procedural standards for the independent professional
review committee and shall seek input from all interested parties on all issues raised in this act. A report
shall be submitted by the State Board of Psychological Examiners to the Director of the Division of
Consumer Affairs on the implementation of this act within a reasonable period of time.
L. 1985, c. 256, s. 15, eff. July 31, 1985.
45:14B-46. Regulatory authority unaffected
Nothing in this act shall be construed to limit the legal authority of the State Board of Psychological
Examiners to regulate the practice of psychology in the State of New Jersey.
L. 1985, c. 256, s. 16.
45:14B-47. Continuing education for certain practicing psychologists.
a. The State Board of Psychological Examiners shall require each person licensed as a practicing
psychologist, as a condition for biennial license renewal pursuant to section 1 of P.L.1972, c.108
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(C.45:1-7), to complete 40 credits of continuing psychology education, four credits of which shall be
educational programs or topics related to domestic violence.
b. The board shall:
(1) Establish standards for continuing psychology education, including the nature of qualifying
experience and amount of applicable credits for such qualifying experience, and the subject
matter and content of courses of study; and
(2) Accredit education programs offering credit toward continuing psychology education
requirements or recognize national or State organizations that may accredit education programs.
c. The board may, in its discretion, waive requirements for continuing education as set forth in
subsection a. of this section on an individual basis for reasons of hardship such as illness or disability,
retirement of license, or other good cause. A waiver shall apply only to the current biennial renewal
period at the time of board issuance.
d. The board shall only approve programs that are provided on a nondiscriminatory basis.
e. Prior to license renewal, each licensee shall submit to the board proof of completion of the
required number of hours of continuing psychology education.
f. The continuing education required pursuant to this section shall include at least one credit of
educational programs or topics concerning prescription opioid drugs, including the risks and signs of
opioid abuse, addiction, and diversion.
L.2015, c.131, s.1; amended 2017, c.341, s.7.
