New Jersey Administrative Code

(a) A social worker 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 social worker from offering to the client all appropriate options upon te…

For 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, to ind…

(a) A social worker shall be able to substantiate the truthfulness of any material, objective assertion or representation set forth in an advertisement. (b) A social worker who is a principal, partner or officer of a firm or entity identified in an advertisement as offering socia…

(a) A social worker 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. Name, identification of licensure or certif…

(a) A social worker shall accurately and objectively represent his or her competence, education, training, experience and diplomate status, as held at the time of the representation. (b) An advertisement that includes information on professional credentials shall contain the high…

(a) Advertisements regarding fees shall be limited to those which contain a fixed or a stated range of fees for specifically described social work services. (b) A social worker who advertises a fee or range of fees shall include the following disclosures in any such advertisement…

(a) A social worker shall not guarantee that satisfaction or a cure will result from the performance of professional services. (b) A social worker shall not communicate information that may identify a client without the client's written consent. (c) A social worker shall not offe…

(a) An advertisement containing a lay or an expert testimonial shall be based upon the testimonial giver's personal knowledge or experience obtained from a provider relationship with the social worker or upon the testimonial giver's direct personal knowledge of the subject matter…

(a) The social worker 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 social worker shall indicate on all advertisements in his or her possession the date and…

(a) A social worker shall prepare and maintain for each client a contemporaneous, permanent client record that accurately reflects the client contact with the social worker whether in an office, hospital or other treatment, evaluation or consultation setting. (b) A social worker …

(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; …

(a) A social worker shall preserve the confidentiality of information obtained from a client in the course of performing social work services for the client, including after the death of a client, except in the following circumstances. 1. Disclosure is required by Federal or stat…

(a) For purposes of this section, "authorized representative" means, but is not limited to, a person designated by the client or a court to exercise rights under this section. An authorized representative may be the client's attorney or an agent of a third-party payor with whom t…

(a) A "custody/parenting time evaluation" means the analysis performed by an LCSW to provide comprehensive, objective and impartial information to the court or to attorneys which assists in making decisions as to custody/parenting time arrangements that will best provide for the …

(a) Only LCSWs are competent to perform custody/parenting time evaluations. (b) The LCSW who performs custody/parenting time evaluations shall have education, training and/or experience in the following categories: 1. Child growth and development; 2. Parent-child bonding; 3. Scop…

(a) If an LCSW is now or has been a treating social worker for any person who is part of the custody/parenting time evaluation, the treating social worker shall not assume the role of evaluator in a custody/parenting time evaluation case and shall advise any party or court of thi…

(a) If a LCSW is court-appointed, the LCSW shall communicate any substantive information only to the court and both parties or their attorneys simultaneously, either in writing or through a conference call. (b) If an LCSW is selected by both parties without a court appointment, t…

(a) Before commencing the custody/parenting time evaluation, an LCSW shall provide information, in writing, to the parties to assist them in understanding the nature of the custody/parenting time evaluation and the implications of their agreement to participate. This information …

(a) An LCSW who performs custody/parenting time evaluations shall comply with the requirements of N.J.A.C. 13:44G-10.2 with regard to financial arrangements for evaluations. (b) Before commencing the custody/parenting time evaluation, an LCSW shall inform the party or parties res…

(a) An LCSW's written report shall identify the party or parties on whose behalf the evaluation was prepared and list all individual(s) personally evaluated. (b) An LCSW shall not provide any opinion regarding any individual whom the LCSW has not personally evaluated. An LCSW may…

(a) Charges for licensure, certification, and other services: 1. Application fee.................................................................................$ 75.00 2. Initial clinical license fee: i. If paid during the first year of a biennial renewal cycle..................…

(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 or certified by the B…

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. 13:44G-15.4, a licensee may provide health care 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 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 of N.J.A.C. 13:44G-12, and all other applicable State and Federal statutes, rules, and regulations for rec…

(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 Federal standards under 45 CFR Parts 160 and 164, as amended and supplemented, which are incorporated herei…

The State Board of Social Work Examiners, created in the Division of Consumer Affairs, Department of Law and Public Safety, is constituted under N.J.S.A. 45:15BB-1 et seq. Notes N.J. Admin. Code § 13:44G-2.1 Amended by R.2003 d.265, effective 7/7/2003. See: 35 New Jersey Register…

The offices of the Board are located at 124 Halsey Street, Newark, New Jersey 07102. The mailing address of the Board is Post Office Box 45033, Newark, New Jersey 07101. Notes N.J. Admin. Code § 13:44G-2.2

(a) The scope of practice of an LCSW includes, but is not limited to: 1. Clinical social work services. Clinical social work services include, but are not limited to, clinical assessment, clinical consultation, psychotherapeutic counseling, client-centered advocacy, and clinical …

(a) The scope of practice of an LSW includes, but is not limited to: 1. Social work services. Social work services include, but are not limited to, social work assessment, social work counseling, social work consultation, social work planning, social work community organization, …

(a) The scope of practice of a CSW includes, but is not limited to, social work services. Social work services include, but are not limited to, social work assessment, social work consultation, social work counseling, social work planning, social work community organization, soci…

(a) For purposes of this section, "two years of full-time clinical social work" means 3,000 hours under direct supervision pursuant to the standards set forth in N.J.A.C. 13:44G-8.1, subsequent to earning a master's degree in social work. The 3,000 hours shall be completed in no …

(a) An applicant for licensure as an LSW shall submit the following, on forms provided by the Board: 1. A completed application form, which requests information concerning the applicant's educational and experiential background; 2. The application fee set forth in N.J.A.C. 13:44G…

(a) An applicant for certification as a CSW shall submit the following, on forms provided by the Board: 1. A completed application form, which requests information concerning the applicant's educational and experiential background; 2. The application fee set forth in N.J.A.C. 13:…

The Board may refuse to issue or renew or may suspend or revoke any license or certification issued by the Board, after an opportunity to be heard pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., for any of the reasons set forth in N.J.S.A. 45:1-21. Notes …

(a) An applicant who is licensed or registered under the laws of a state, territory or jurisdiction of the United States and who otherwise meets the requirements of N.J.A.C. 13:44G-4.1 and 4.2 may be exempted from the examination requirements of N.J.A.C. 13:44G-4.1 and 4.2 provid…

(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure or certification under N.J.A.C. 13:44G-4.1, 4.2, and 4.3 may apply to the Board for recognition …

(a) An application for a license or certification submitted to the Board will be deemed abandoned if: 1. The individual applying for the license or certificate has not submitted, to the Board, all of the information and documentation required to obtain the license or certificate …

Any applicant who applies for a license or certification renewal shall confirm on the renewal application that the applicant has completed continuing professional education programs or courses of the types and number of credits specified in N.J.A.C. 13:44G-6.2, 6.3 and 6.4. The B…

(a) An applicant for a biennial license or certification renewal shall complete the applicable continuing education credits as follows: 1. An LCSW shall complete a minimum of 40 credits of continuing education, of which at least 20 of the 40 credits shall be in courses or program…

(a) The Board shall grant continuing education credit only for programs or courses which are directly related to social work practice and which are advertised and available on a nondiscriminatory basis. (b) The following content areas are acceptable for continuing education credi…

(a) The Board shall grant credit only for continuing education programs or courses that are at least one instructional hour long, and are directly related to social work practice. For purposes of this subchapter, an "instructional hour" represents a 60-minute clock hour with no l…

(a) A licensee or certificate holder shall keep comprehensive records of the continuing education hours which the licensee or certificate holder completes in order to verify program attendance or activity completion. Each licensee and certificate holder shall submit such document…

(a) The Board may, at its discretion, waive continuing education requirements on an individual basis for reasons of hardship such as illness, disability, active service in the military or other good cause. (b) A licensee or certificate holder who seeks a waiver of the continuing …