New Jersey Administrative Code

(a) A State-certified psychoanalyst shall inform patients, preferably in writing, of the financial arrangements for psychoanalytical services. If the State-certified psychoanalyst elects not to provide the financial arrangement(s) in writing, the burden of demonstrating that the …

(a) A State-certified psychoanalyst shall not refer a patient to a person or entity in which the State-certified psychoanalyst has any financial or significant beneficial interest unless:1. The State-certified psychoanalyst has disclosed that he or she has a financial interest; a…

(a) A State-certified psychoanalyst shall not pay, offer to pay or receive any fee or other form of compensation for referral of a patient for professional services or for the purchase of goods. This subsection shall not prohibit a State-certified psychoanalyst from: 1. Paying a …

(a) As used in this section, the following terms shall have the following meanings unless the context indicates otherwise: "Patient" means any person who is the recipient of psychoanalytic services rendered by a certificate holder. "Patient" for purposes of this section also mean…

(a) A State-certified psychoanalyst may advertise, in print or electronic media. The advertisement shall include, at a minimum, the name of the State-certified psychoanalyst as registered with the Committee and the designation "State Certified Psychoanalyst" or "SCP" or "SCPsyA."…

(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 certified by the Committee as …

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 information either to or from …

(a) Prior to providing services through telemedicine or telehealth, a State-certified psychoanalyst 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-per…

(a) Prior to providing services through telemedicine or telehealth, a State-certified psychoanalyst shall establish a State-certified psychoanalyst-patient relationship by: 1. Identifying the patient with, at a minimum, the patient's name, date of birth, phone number, and address…

(a) As long as a State-certified psychoanalyst has satisfied the requirements of N.J.A.C. 13:42A-8.4, a State-certified psychoanalyst may provide health care services to a patient through the use of telemedicine and may engage in telehealth to support and facilitate the provision…

A State-certified psychoanalyst who provides services through telemedicine or telehealth shall maintain a record of the care provide to a patient. Such records shall comply with the requirements of N.J.A.C. 13:42A-6, and all other applicable State and Federal statutes, rules, and…

(a) In order to establish that a State-certified psychoanalyst has made a good faith effort to prevent fraud and abuse when providing services through telemedicine or telehealth, a State-certified psychoanalyst must establish written protocols that address: 1. Authentication and …

(a) State-certified psychoanalysts who communicate with patients 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 …

(a) The purpose of this chapter is to implement the provisions at P.L. 2019, c. 337 (N.J.S.A. 45:8B-91 et seq.), which created the Board of Applied Behavior Analyst Examiners. (b) This chapter does not apply to any of the following persons, unless they represent themselves as lic…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: "Applied behavior analysis" means the practice of designing, implementing, and evaluating instructional and environmental modifications to …

(a) An applicant for a license as an applied behavior analyst shall submit to the Board: 1. A completed application for license on a form available from the Board; 2. Proof that the applicant holds a master's degree or doctoral degree from an institution accredited by a regional …

(a) An applicant for a license as an assistant applied behavior analyst shall submit to the Board: 1. A completed application for license on a form available from the Board; 2. Proof that the applicant holds a bachelor's degree from an institution accredited by a regional accredi…

(a) Upon receipt of a completed application and application fee, 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 issue…

(a) An application for a license submitted to the Board will be deemed abandoned if: 1. The individual applying for the license has not submitted to the Board all of the information and documentation required to obtain a license pursuant to N.J.A.C. 13:42B-2.1, 2.2, or 2.3; and 2…

(a) The Board 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 at least 60 d…

(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:42B-3.1(c) may apply to the Board for reactivation of an inactive license. A licensee seeking reactivation of an inactive license shall submit: 1. A reactivation application; 2. A certification of employment lis…

(a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:42B-3.1(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 t…

(a) Unless licensed as an applied behavior analyst or assistant applied behavior analyst or exempt pursuant to N.J.A.C. 13:42B-1.1(b), no person shall practice applied behavior analysis. Unless licensed as an applied behavior analyst or assistant applied behavior analyst, no pers…

(a) The purpose of this section is to identify for licensees conduct that shall be deemed sexual misconduct. (b) As used in this section, the following terms have the following meanings: "Client" means any person who is the recipient of applied behavior analysis services. "Client…

(a) A licensee shall notify the Board, in writing, within 30 days of the changes to: 1. The licensee's address registered with the Board. Service to the address registered with the Board shall constitute effective notice pursuant to N.J.A.C. 13:45-3.2; 2. The licensed applied beh…

(a) Pursuant to P.L. 2020, c. 133, when providing in-person care, a licensee shall wear either a name tag, or identification embroidered on the outermost layer of clothing on the licensee's upper body that includes: 1. The licensee's full name or, if the licensee is providing car…

(a) A licensee shall report to the Board any incident or series of incidents that the licensee, in good faith, believes is in violation of the Applied Behavior Analyst Licensing Act, N.J.S.A. 45:8B-91 et seq., and 45:1-14 et seq., N.J.A.C. 13:45C, or this chapter. (b) Pursuant to…

(a) A licensee shall fully disclose to the client and any applicable guardians any information as will enable the client or guardian to evaluate the nature of the treatment and of any attendant risks, which shall include the means by which services will be provided (such as in-pe…

(a) A licensed assistant applied behavior analyst shall not provide applied behavior analysis services unless the licensed assistant applied behavior analyst is supervised by a licensed applied behavior analyst pursuant to (b) and (c) below. (b) A licensed applied behavior analys…

(a) A licensee may delegate the performance of interventions in a treatment plan to a paraprofessional technician. (b) A licensee shall not delegate the assessment of a client, the development of a treatment plan, or the development of interventions to a paraprofessional technici…

A licensed applied behavior analyst who supervises a student completing education or experience requirements for certification as a BCBA, BCBA-D, or BCaBA shall comply with the supervision requirements set forth in the BCBA 2022 Eligibility Requirements or the BCaBA 2022 Eligibil…

(a) As used in this section, the following terms have the following meanings: "Advertisement" means any communication or statement that is directly controlled or administered by a licensee or a licensee's office personnel, whether printed, electronic, or oral, that names the lice…

(a) An advertisement offering a fee reduction shall state the reduced fee and the licensee's usual fee for each service for which a reduction is advertised. The usual fee shall be the fee charged for the advertised service for a period of not less than 90 days prior to the public…

(a) Testimonials involving a specific or identifiable applied behavior analysis service shall truthfully reflect the actual experience of the client. (b) The licensee shall be able to substantiate any objective, verifiable statement of fact appearing in a testimonial. The failure…

(a) Advertisements and professional representations (other than an office entry sign), including advertisements in a classified directory, business cards, and professional stationery shall include the following: 1. The name and license number of at least one licensee; 2. The term…

(a) Licensees shall make contemporaneous, permanent entries into client records that shall accurately reflect the applied behavior analysis services rendered. Client records shall be maintained for a period of seven years from the date of the most recent entry. The client record …

(a) Licensees shall provide access to client records to a client or an authorized representative in accordance with the following: 1. No later than 30 days from receipt of a written request from a client or an authorized representative, the licensee shall provide a copy of the cl…

(a) A licensee who prepares a client record maintained solely on a 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…

(a) The purpose of this subchapter is to implement the provisions at P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.), which authorizes healthcare providers to engage in telemedicine and telehealth, as it related to the practice of applied behavior analysis. (b) This subchapter shall…

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 i…

(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. 13:42B-7.4, a licensee may provide services to a client through the use of telemedicine and may engage in telehealth to support and facilitate the provision of services to clients. (b) Prior to providing service…

A licensee who provides services through telemedicine or telehealth shall maintain a record of the care provide to a client. Such records shall comply with the requirements at N.J.A.C. 13:42B-6.5 and all other applicable State and Federal statutes, rules, and regulations for reco…

(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. Identification of users; 2. Identification of the client duri…

(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 pursuant to 45 CFR 160 and 164, which are incorporated herein by reference, relating to …

(a) The following fees shall be charged by the Board: 1. Application fee .............................................. $100.00 2. Initial license fee licensed applied behavior analyst: i. If paid during the first year of a biennial renewal period ................................…