New Jersey Administrative Code

(a) With regard to a client whose treatment cost is covered by a wholly insured health insurance plan or a managed health care plan, a licensee shall make all required information available upon the request of the client or duly authorized representative with the client's consent…

(a) A licensee shall preserve the confidentiality of information obtained from a client in the course of performing rehabilitation counseling services for the client, except in the following circumstances: 1. Disclosure is required by Federal or State law or regulation; 2. Disclo…

(a) Unless otherwise ordered by a court, if the client is a minor, a parent or legal guardian will be deemed to be an authorized representative, as defined at N.J.A.C. 13:34-27.3(a). Except as provided for at N.J.S.A. 9:17A-4, when the client is more than 14 years of age, but has…

(a) If a licensee ceases to engage in practice or it is anticipated that he or she will remain out-of-practice for more than three months, the licensee shall comply with the requirements concerning termination of services set forth at N.J.A.C. 13:34-30.5(c) and shall: 1. Establis…

(a) All licensees, whether in an agency setting or conducting independent practice, shall ensure that the following notices are prominently displayed in a waiting room or other area where they will be visible to the licensee's clients: 1. Rehabilitation counselors are licensed by…

(a) Each licensee shall notify the Committee, in writing, within 30 days of any change in address on file with the Committee and shall specify whether the address is a residence or employment address. (b) A licensee whose name has been legally changed shall forward to the Committ…

(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 rehabilitation counseling service rendered by a licensee. "Client" for purposes of this section also means a pe…

(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 ci…

(a) The Committee shall send a notice of renewal to each licensee, 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 60 days …

(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:34-28.5(c) may apply to the Committee for reactivation of the inactive license. A licensee seeking reactivation of an inactive license shall submit: 1. A renewal application; 2. A certification of employment lis…

(a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:34-28.5(e) may apply to the Committee for reinstatement. A licensee applying for reinstatement shall submit: 1. A reinstatement application; 2. A certification of employment listing each job held duri…

For the purposes of this subchapter, the following terms shall have the following 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, to…

(a) A licensee shall be able to substantiate the truthfulness of any representation set forth in an advertisement. (b) A licensee identified in an advertisement as offering professional or rehabilitation counseling or goods shall be responsible for the form and content of any adv…

(a) A licensee shall include the following in all advertisements and professional representations (other than an office entry sign), including advertisements in a classified directory, business cards and professional stationery: 1. The name of the licensee; 2. The words "Licensed…

(a) A licensee shall accurately and objectively represent his or her competence, education, training, and experience, as of the time of the representations. (b) An advertisement that includes information on professional credentials shall contain the highest academic degrees attai…

(a) A licensee shall not guarantee that satisfaction or a cure will result from the performance of professional, associate or rehabilitation counseling. (b) A licensee shall not communicate information that may identify a client without the written consent of the client. (c) A li…

A 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 or electronic media. The licensee shall indicate on all advertisements in his or her possession the date and place of publi…

Definitions of words and terms as used in this subchapter are set forth at N.J.A.C. 13:34-2.4(a). Notes N.J. Admin. Code § 13:34-3.1 Amended by 49 N.J.R. 655(a), effective 4/3/2017 Amended by 52 N.J.R. 529(a), effective 3/16/2020

Notes N.J. Admin. Code § 13:34-3.2 Amended by 49 N.J.R. 655(a), effective 4/3/2017 Reserved by 52 N.J.R. 529(a), effective 3/16/2020

(a) A qualified supervisor shall not supervise more than the equivalent of six full-time mental health professionals at one time. (b) A qualified supervisor shall obtain a written disclosure, which shall be signed by the client and retained as part of the client record, acknowled…

(a) Documentation of supervision shall be filed with the Board by the licensed associate marriage and family therapist every six months for evaluation of the licensed associate marriage and family therapist's progress. (b) A licensed associate marriage and family therapist shall …

(a) Prior to engaging in telesupervision, a qualified supervisor shall:1. Have completed at least six hours of education or training in telesupervision. The education or training shall: i. Include, at a minimum, the following topics: (1) Appropriateness of telesupervision; (2) Ha…

Notes N.J. Admin. Code § 13:34-3.6 Recodified from N.J.A.C. 13:34-5.6 by 49 N.J.R. 655(a), effective 4/3/2017

Notes N.J. Admin. Code § 13:34-3.7 Recodified from N.J.A.C. 13:34-5.7 by 49 N.J.R. 655(a), effective 4/3/2017

(a) Fees shall be reasonable and commensurate with the status and experience of the professional, associate or rehabilitation counselor when compared with fees of professional, associate or rehabilitation counselors offering like services or treatment in the geographic area. (b) …

If a client is receiving counseling services from another mental health professional, the professional, associate or rehabilitation counselor, with the client's consent, shall inform the other mental health professional already involved and develop clear agreements to avoid confu…

When a professional, associate or rehabilitation counselor agrees to provide counseling services to two or more persons who have a relationship (such as husband and wife or parents and children), the professional, associate or rehabilitation counselor shall disclose in writing at…

(a) A professional, associate or rehabilitation counselor providing counseling services shall not provide those services in circumstances that would be expected to limit the counselor's objectivity and impair professional judgment or increase the risk of exploitation. (b) A profe…

(a) A professional, associate or rehabilitation counselor shall terminate services to a client when the services are no longer required or no longer meet the client's needs or interests. (b) A professional, associate or rehabilitation counselor shall not abandon nor neglect a cli…

(a) A professional, associate or rehabilitation counselor who provides services to an agency shall not solicit, for his or her private practice, the agency's clients for the same services the agency provides. Nothing in this section prohibits a counselor from offering to the clie…

The rules in this subchapter set forth the minimum requirements for licensed professional counselors who perform custody/parenting time evaluations and/or termination of parental rights evaluations. Notes N.J. Admin. Code § 13:34-31.1

For purposes of this subchapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise. "Custody/parenting time evaluation" means the analysis performed by a licensed professional counselor to provide comprehensive, objective, and i…

(a) A licensee shall be qualified to perform custody/parenting time evaluations and/or termination of parental rights evaluations through education, training, and/or supervised experience in all of the following categories: 1. Child growth and development; 2. Parent-child bonding…

(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 eval…

(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, …

(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 terms of their agreement to participate. This information shall includ…

(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, shou…

(a) A licensee's written report shall identify the party or parties on whose behalf the evaluation was prepared and list all individual(s) personally evaluated. (b) A licensee shall complete written reports in a timely manner. Delays of more than two months from when all data has…

(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 Committee. (c)…

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 information either to …

(a) Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person. (b) If a license…

(a) Prior to providing 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…

(a) As long as a licensee has satisfied the requirements at N.J.A.C. 13:34-32.4, a licensee may provide professional counseling or rehabilitation counseling, as applicable, to a client through the use of telemedicine and may engage in telehealth to support and facilitate the prov…

A licensee who provides services through telemedicine or telehealth shall maintain a record of the care provided to a client. Such records shall comply with the requirements at N.J.A.C. 13:34-18.1 or 27.1, as applicable, and all other applicable State and Federal statutes, rules,…

(a) In order to establish that a licensee has made a good faith effort to prevent fraud and abuse when providing services through telemedicine or telehealth, a licensee must establish written protocols that address: 1. Authentication and authorization of users; 2. Authentication …

(a) Licensees who communicate with clients by electronic communications other than telephone or facsimile shall establish written privacy practices that are consistent with the Federal standards set forth at 45 CFR Parts 160 and 164, which are incorporated herein by reference, as…

(a) For the purpose of N.J.S.A. 45:8B-6(a)(1), (2) and (3), employees of certain organizations may only perform marriage and family therapy functions at the employer's place of business and under the eligible organization's control. (b) The right to practice under the conditions …