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NEW JERSEY REGISTER
VOLUME 36, NUMBER 23
MONDAY, DECEMBER 6, 2004
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE

Proposed New Rules: N.J.A.C. 13:42A

Authorized By: Reni Erdos, Director, Division of Consumer Affairs.

Authority: N.J.S.A. 45:14BB-5, 45:14BB-11 and 45:14BB-12. Calendar Reference: See Summary below for explanation of exception to calendar requirement. Proposal Number: PRN 2004-448.

Submit comments by February 4, 2005 to:

Elaine DeMars, Managing Executive Director

Certified Psychoanalysts Advisory Committee

PO Box 45050

124 Halsey Street

Newark, New Jersey 07101

The agency proposal follows:

Summary

The Director of the Division of Consumer Affairs (the Director) proposes new rules at N.J.A.C. 13:42A. The rules in this chapter implement the provisions of N.J.S.A. 45:14BB-1 et seq., the Psychoanalysts State Certification Act.

<<+Subchapter 1. General Provisions+>>

N.J.A.C. 13:42A-1.1 sets forth the purpose and scope of the proposed rules which regulate all persons applying for certification as a psychoanalyst and to persons certified as psychoanalysts in the State of New Jersey by the Director or a designee.

N.J.A.C. 13:42A-1.2 defines certain words and terms used in Chapter 42A.

N.J.A.C. 13:42A-1.3 provides the address of the office of the Committee.

N.J.A.C. 13:42A-1.4 establishes that no person shall use the title "State Certified Psychoanalyst" or the abbreviation "SCP" or "SCPsyA" unless the person is certified by the Director or a designee. In addition, no person shall hold himself or herself out as a State certified psychoanalyst in the State of New Jersey while the certificate is inactive.

N.J.A.C. 13:42A-1.5 sets forth the fee schedule for certification and other services.

<<+Subchapter 2. Qualifications; Application Process+>>

N.J.A.C. 13:42A-2.1(a) sets forth that to be eligible to be certified as a psychoanalyst, an applicant must be at least 18 years of age; be of good moral character; have received at least a master's degree from an accredited institution of higher education; and have received a certificate of graduation in psychoanalysis from a free-standing psychoanalytic institute; and have passed an examination. In addition, an applicant must undergo a criminal history record background check pursuant to N.J.S.A. 45:1-29.

N.J.A.C. 13:42A-2.2 establishes the requirements for applicants holding a certificate of graduation from a nonaccredited psychoanalytic institute. Pursuant to N.J.A.C. 13:42A-2.2, the Director or a designee may waive the requirement that the applicant hold a certificate from an accredited psychoanalytic institute and allow an applicant to take an examination if the applicant meets three requirements. First, the applicant must have received a certificate of graduation in psychoanalysis from a free-standing, psychoanalytic institute that has not been accredited as set forth in N.J.A.C. 13:42A-2.1(a)4i or has been chartered by a state or foreign government which does not have substantially similar requirements of accreditation as those required by a national psychoanalytic association and has not been approved by the Director or a designee. Second, the applicant must document clinical training and work experience in psychoanalysis. Pursuant to N.J.A.C. 13:42A-2.2(b), if an applicant does not meet the experience requirements set forth in N.J.A.C. 13:42A-2.2(a)2, then he or she must meet the requirements, post-certification, before applying for certification upon documented completion of the requirements. Lastly, an applicant must have a current State of New Jersey license, registration, or certificate in a mental health profession, which includes a licensed physician, a licensed psychologist, a licensed social worker, a licensed clinical social worker, a licensed marriage and family therapist, a licensed professional counselor who holds a specialty permit as a clinical mental health counselor, a licensed rehabilitation counselor, and a licensed clinical alcohol and drug counselor.

N.J.A.C. 13:42A-2.3 establishes certification by endorsement. The Director or a designee may waive the education, experience and examination requirements for certification in New Jersey and issue a New Jersey certification by endorsement to any applicant who holds a current license, registration, or certificate to practice psychoanalysis issued by the agency of another state or country which has requirements for licensure, registration or certification equivalent to or higher than those required in this State for certification.

<<+Subchapter 3. Examination+>>

N.J.A.C. 13:42A-3.1 sets forth that an applicant must take and pass an examination before becoming certified in the State to practice psychoanalysis.

<<+Subchapter 4. Continuing Education+>>

N.J.A.C. 13:42A-4.1 establishes that all State certified psychoanalysts must complete 20 credits of continuing education for certification renewal. N.J.A.C. 13:42A-4.1 also establishes that a State certified psychoanalyst must confirm on the renewal application that he or she has completed all continuing education requirements during the biennial period preceding application for renewal.

N.J.A.C. 13:42A-4.2 sets forth credit requirements. N.J.A.C. 13:42A- 4.2(a) sets forth that a State certified psychoanalyst will not be required to obtain continuing education credit during the first biennial renewal period in which initial certification was obtained but will be subject to the continuing education requirements for all subsequent biennial renewal periods.

N.J.A.C. 13:42A-4.2(b) establishes that a State certified psychoanalyst who earns more than 20 credits of continuing education during a biennial period may not carry any credits into the next succeeding biennial period.

N.J.A.C. 13:42A-4.2(c) sets forth that a State certified psychoanalyst who is ordered by the Committee to complete continuing education courses or programs for remedial purposes may not use that continuing education toward the required 20 credits of continuing education per biennial period.

Proposed N.J.A.C. 13:42A-4.3(a)1 through 4 lists the acceptable sources of continuing education courses and programs as long as the courses or programs are directly related to the clinical and theoretical practice of psychoanalysis.

N.J.A.C. 13:42A-4.3(b) establishes that a State certified psychoanalyst who has attended or wishes to attend a course or program that has not been approved or offered by any of the organizations listed may apply to and obtain approval from one of the listed organizations in order to obtain continuing education credit from the Committee.

N.J.A.C. 13:42A-4.3(c) establishes that the Committee will not conduct independent reviews of any continuing education courses or programs.

N.J.A.C. 13:42A-4.4 establishes the types of documentation required to evidence completion of continuing education requirements. N.J.A.C. 13:42A- 4.4(a) establishes that a State certified psychoanalyst must retain documentation of continuing education credit in order to verify program attendance or activity completion and must submit such documentation to the Committee upon its request. The Committee may periodically audit the records of State certified psychoanalysts, on a random basis, to determine compliance with continuing education requirements.

N.J.A.C. 13:42A-4.4(b) establishes that a State certified psychoanalyst must verify attendance at continuing education courses or programs by a certificate of attendance or by a statement from the course or program instructor. The verification must include the name of the State certified psychoanalyst, the name of the sponsor, the title, location and date of the course or program, and the number of continuing education credits awarded.

N.J.A.C. 13:42A-4.4(c)1 through 4 lists what a State certified psychoanalyst must retain in order to verify continuing education activities.

N.J.A.C. 13:42A-4.4(d) establishes that a State certified psychoanalyst must maintain verification documentation for five years following the continuation education activity.

N.J.A.C. 13:42A-4.4(e) sets forth that failure to complete continuing education requirements or falsification of any information pertaining to continuing education may result in the Committee taking any appropriate disciplinary measures, including suspension of certificate, pursuant to N.J.S.A. 45:1-21.

N.J.A.C. 13:42A-4.5 sets forth the waiver provisions of continuing education requirements. N.J.A.C. 13:42A-4.5(a) establishes that a State certified psychoanalyst may request a waiver from continuing education requirements on an individual basis for reasons of hardship such as illness, disability, active service in the military or other good cause.

N.J.A.C. 13:42A-4.5(b) sets forth that a State certified psychoanalyst who seeks a waiver of the continuing education requirements must provide to the Committee, in writing, the specific reasons and any additional documentation the Committee may request in support of the waiver.

<<+Subchapter 5. Certification Renewal; Change of Status; Reinstatement+>>

N.J.A.C. 13:42A-5.1 sets forth the process for certification renewal. N.J.A.C. 13:42A-5.1(a) establishes that certifications must be renewed biennially upon a form provided by the Committee.

N.J.A.C. 13:42A-5.1(b) establishes that the Committee must send a notice of renewal to each State certified psychoanalyst, at least 60 days prior to the expiration of the certificate. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines will apply to the holder for failure to renew.

N.J.A.C. 13:42A-5.1(c) establishes that the State certified psychoanalyst must submit the renewal application and pay the renewal fee prior to the date of expiration of the certificate. If the State certified psychoanalyst does not renew the certificate prior to its expiration date, the State certified psychoanalyst may renew it no later than 30 days after its expiration date by submitting a renewal application and paying a renewal fee and a late fee. The State certified psychoanalyst who fails to renew the certificate within 30 days after the expiration date of the certificate will be suspended without a hearing.

N.J.A.C. 13:42A-5.1(d) establishes that a person who continues to hold him or herself out as a State certified psychoanalyst after 30 days following the expiration date of the certificate shall be deemed to be engaged in the uncertified practice of psychoanalysis, even if no notice of suspension has been provided to the person.

N.J.A.C. 13:42A-5.1(e) establishes that renewal applications for all certificates shall provide the applicant with the option of either active or inactive renewal. Renewal applicants electing to renew as inactive shall not hold themselves out to the public as State certified psychoanalysts. An applicant who selects the inactive renewal option must remain on inactive status for the entire renewal period unless the applicant applies for a change of status pursuant to N.J.A.C. 13:42A-5.2.

N.J.A.C. 13:42A-5.2 establishes the continuing education requirements for applicants on inactive status wanting to return to active status. N.J.A.C. 13:42A-5.2 sets forth that upon application to the Committee, the Committee may permit an applicant who has been on inactive status to return to active status provided such applicant has completed 10 continuing education credits per year for each year the applicant has been on inactive status.

N.J.A.C. 13:42A-5.3 sets forth the requirements for reinstatement of expired certificates. N.J.A.C. 13:42A-5.3(a)1 through 4 lists the information a person seeking reinstatement within five years following the expiration date of the psychoanalyst certification must submit to the Committee.

N.J.A.C. 13:42A-5.3(b) establishes that a person seeking reinstatement after more than five years following the expiration date of the psychoanalyst certification must satisfy the requirements of N.J.A.C. 13:42A-5.3(a) and must successfully complete the examination required for initial certification.

<<+Subchapter 6. Patient Records; Confidentiality+>>

Proposed new rule N.J.A.C. 13:42A-6.1 establishes the procedures for preparing and maintaining patient records. More specifically, N.J.A.C. 13:42A-6.1(a) establishes that a State certified psychoanalyst must contemporaneously prepare and maintain separately for each patient a permanent record which accurately reflects the State certified psychoanalyst's contact with the patient whether in an office, hospital or other treatment, evaluation or consultation setting.

N.J.A.C. 13:42A-6.1(b) and (c) list the information a State certified psychoanalyst must include in the patient record.

N.J.A.C. 13:42A-6.1(d) provides that the State certified psychoanalyst must establish and maintain a procedure to protect records from access by unauthorized persons.

N.J.A.C. 13:42A-6.1(e) establishes that the State certified psychoanalyst must retain the permanent patient record for at least seven years from the date of last entry, unless otherwise provided by law.

N.J.A.C. 13:42A-6.2 sets forth the procedure a State certified psychoanalyst may require in order to release a copy of the patient record. N.J.A.C. 13:42A-6.2(a) defines "authorized representative."

N.J.A.C. 13:42A-6.2(b) states that a State certified psychoanalyst may require the record request to be in writing. The State certified psychoanalyst must provide a copy of the patient record no later than 30 days from receipt of a request.

N.J.A.C. 13:42A-6.2(c) provides that the State certified psychoanalyst may elect to provide a summary of the record, unless otherwise required by law.

N.J.A.C. 13:42A-6.2(d) also provides that the State certified psychoanalyst may charge a reasonable fee for the preparation of a summary and reproduction of records.

N.J.A.C. 13:42A-6.2(e) permits a State certified psychoanalyst to withhold information contained in the patient record if in the reasonable exercise of his or her professional judgment, the State certified psychoanalyst believes release of such information would adversely affect the patient's health or welfare.

N.J.A.C. 13:42A-6.2(f) lists when records maintained as confidential must be released.

N.J.A.C. 13:42A-6.2(g) provides that a State certified psychoanalyst's obligation to release information must include the obligation to complete forms or reports required for third party reimbursement of patient treatment expenses.

N.J.A.C. 13:42A-6.2(h) states that when a request is made for release of already completed reports to enable the patient to receive ongoing care by another practitioner, the State certified psychoanalyst must not require prior payment for the professional services to which such reports relate as a condition for making such reports available. A State certified psychoanalyst may, however, require advance payment for a report prepared for services as an expert witness.

N.J.A.C. 13:42A-6.3 sets for the confidentiality requirements. N.J.A.C. 13:42A-6.3 provides that a State certified psychoanalyst must preserve the confidentiality of information from a patient in the course of the State certified psychoanalyst's teaching, practice or investigation. However, N.J.A.C. 13:42A-6.3(a)1 through 3 lists the circumstances when the State certified psychoanalyst must reveal the information to appropriate professionals, public authorities and the threatened individual(s) or their representatives.

N.J.A.C. 13:42A-6.3(b)1 through 3 lists the confidentiality requirements a State certified psychoanalyst must follow with in the case of a patient's death.

N.J.A.C. 13:42A-6.3(c) permits a State certified psychoanalyst to discuss 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.

N.J.A.C. 13:42A-6.3(d) establishes when a State certified psychoanalyst may reveal, in writing, lectures or other public forums, personal information obtained during the course of professional work.

N.J.A.C. 13:42A-6.3(e) sets forth that a State certified psychoanalyst may share confidential communications with other parties interested, in a non- public forum, only where the original source and other persons involved have given their express permission to do so.

N.J.A.C. 13:42A-6.3(f) establishes that a State certified psychoanalyst may reveal the identity of research subjects only if the subjects have granted explicit permission.

N.J.A.C. 13:42A-6.3(g) sets forth that a State certified psychoanalyst may release confidential documents, testimony or other information contained in the patient record only in accordance with N.J.A.C. 13:42A-6.2 and 6.3.

<<+Subchapter 7. General Obligations of a State Certified Psychoanalyst+>>

N.J.A.C. 13:42A-7.1 establishes that a State certified psychoanalyst must prominently display his or her current certificate in every location where the State certified psychoanalyst practices.

N.J.A.C. 13:42A-7.2 requires a State certified psychoanalyst to notify the Committee, in writing, not later than 30 days after any change in the address of records on file with the Committee. In addition, service of an administrative complaint or other process initiated by the Committee, the Attorney General or the Division of Consumer Affairs, at the address of record on file with the Committee, shall be deemed adequate notice for the commencement of any inquiry or disciplinary proceeding.

N.J.A.C. 13:42A-7.3 establishes the responsibilities of a State certified psychoanalyst to report conduct of other State certified psychoanalysts. N.J.A.C. 13:42A-7.3(a) establishes that a State certified psychoanalyst must promptly notify the Committee when in possession of information which reasonably indicates that another State certified psychoanalyst has demonstrated an impairment, gross incompetence, repeated acts of incompetence or professional misconduct which would present an imminent danger to a patient or to the public health, safety or welfare. If a State certified psychoanalyst obtains information from a patient about another State certified psychoanalyst's suspected unlawful conduct, the State certified psychoanalyst must report the information only with the written permission of the patient.

N.J.A.C. 13:42A-7.3(b)1 through 2 provides that when a State certified psychoanalyst who acquires knowledge of an impairment, gross incompetence, repeated acts of incompetence or professional misconduct in the course of treating a patient-State certified psychoanalyst, the treated State certified psychoanalyst is not obligated to notify the Committee if the treating State certified psychoanalyst reasonably believes that the improper conduct has ceased and the current treatment is adequate to prevent a recurrence of the impairment, incompetence or professional misconduct; or the treating State certified psychoanalyst has reasonable cause to believe that the patient-State certified psychoanalyst is currently receiving professional supervisory and educational measures which are reasonably likely to protect patients against gross incompetence.

N.J.A.C. 13:42A-7.3(c) establishes that a State certified psychoanalyst is not exempt from reporting any information otherwise required by law.

N.J.A.C. 13:42A-7.4 establishes proper professional interactions with patients. N.J.A.C. 13:42A-7.4(a) establishes that a State certified psychoanalyst who does not possess the requisite training, experience, education or supervision for a particular case must obtain supervision for that case or make appropriate referrals to other practitioners. Failure to obtain supervision or make the appropriate referral will be deemed professional misconduct.

N.J.A.C. 13:42A-7.4(b) establishes that a State certified psychoanalyst must not abandon nor neglect a patient in need of professional care without making reasonable arrangements for the continuation of such care or offering to assist the patient in finding alternative sources of assistance.

N.J.A.C. 13:42A-7.5 sets forth requirements for establishing financial arrangements with patients and others. More specifically, N.J.A.C. 13:42A- 7.5(a) provides that a State certified psychoanalyst must inform patients, preferably in writing, of the financial arrangements for psychoanalytical services. If the State certified psychoanalyst elects not to provide the financial arrangement in writing, the burden of demonstrating that the patient has been informed of the financial arrangements will be on the State certified psychoanalyst.

N.J.A.C. 13:42A-7.5(b) provides that a State certified psychoanalyst, upon request, must provide to a patient or the patient's designated insurance carrier, a statement of services.

N.J.A.C. 13:42A-7.6 establishes the relationships that are considered to be a conflict of interest. N.J.A.C. 13:42A-7.6(a)1 through 2 establishes that a State certified psychoanalyst may not refer a patient to a person or entity in which the State certified psychoanalyst has any financial or significant beneficial interest unless the State certified psychoanalyst has disclosed that he or she has a financial interest and the State certified psychoanalyst has provided an alternative referral source.

N.J.A.C. 13:42A-7.6(b) provides that a State certified psychoanalyst must not enter into or continue any treating relationship in which he or she has any family, personal, financial, business, employment or significant beneficial interest other than that arising from the State certified psychoanalyst-patient relationship. Entering into any business relationship or paying or bartering for any services provided by any current patient is also prohibited.

N.J.A.C. 13:42A-7.7 prohibits referral fees and fee splitting. N.J.A.C. 13:42A-7.7(a) provides that 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 purpose of goods. However, N.J.A.C. 13:42A-7.7(a)1 through 3 establishes that a State certified psychoanalyst is not prohibited from paying a flat fee for regular advertising services; paying a flat fee for the State certified psychoanalyst's placement on a commercially sponsored "referral list" of health care providers; or contributing a fee to a professionally sponsored referral service.

N.J.A.C. 13:42A-7.7(b) establishes that a State certified psychoanalyst shall not permit the division of fees for professional services other than among health care professionals in the same or in a closely allied professional health care field engaged in a bonafide partnership or professional service corporation, limited liability company or limited liability partnership.

N.J.A.C. 13:42A-7.7(c) establishes that a State certified psychoanalyst shall not divide fees for professional services rendered to a patient with a State certified psychoanalyst practicing as an independent contractor. However, a State certified psychoanalyst is not prohibited from charging a flat fee to an independent contractor on a per hour or per service basis to cover expenses.

N.J.A.C. 13:42A-7.8 prohibits sexual misconduct by a State certified psychoanalyst. N.J.A.C. 13:42A-7.8(a) defines the terms used in the rule.

N.J.A.C. 13:42A-7.8(b) establishes that a State certified psychoanalyst must not engage in sexual contact with a current patient, a former patient to whom psychoanalytic services were rendered within the immediately preceding 24 months, a current student, a direct supervisee or supervisor, or a research subject.

N.J.A.C. 13:42A-7.8(c) sets forth that in circumstances where any of the persons listed in N.J.A.C. 13:42A-7.8(b) are or should be recognized by the State certified psychoanalyst as clearly vulnerable because of emotional or cognitive disorder which may subject them to exploitive influence by the State certified psychoanalyst, the prohibition on sexual contact shall extend indefinitely.

N.J.A.C. 13:42A-7.8(d) provides that a State certified psychoanalyst shall not engage in sexual harassment in a professional setting or outside of the professional setting.

N.J.A.C. 13:42A-7.8(e) establishes that a State certified psychoanalyst shall not accept as a patient a former sexual partner.

N.J.A.C. 13:42A-7.8(f) provides that violations of any of the prohibitions or directives set forth at N.J.A.C. 13:42A-7.8(b) through (e) shall be deemed to constitute professional misconduct pursuant to N.J.S.A. 45:1- 21(e).

N.J.A.C. 13:42A-7.8(g) establishes that it is not a defense to any action under this section that the patient solicited or consented to sexual contact with the State certified psychoanalyst or the State certified psychoanalyst was in love with or had affection for the patient.

N.J.A.C. 13:42A-7.9 sets forth advertising requirements. N.J.A.C. 13:42A-7.9(a) establishes that a State certified psychoanalyst may advertise, in print or electronic media. Further, the advertisement must 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."

N.J.A.C. 13:42A-7.9(b) sets forth that a State certified psychoanalyst 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.

N.J.A.C. 13:42A-7.9(c) provides that a State certified psychoanalyst who is on inactive status shall not hold himself or herself out to the public as a State certified psychoanalyst.

As the Board has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The proposed new rules at N.J.A.C. 13:42A will affect all persons presently practicing, those seeking to practice and those seeking certification to engage in psychoanalysis services in New Jersey. More specifically, the proposed new rules will positively affect the regulated community by establishing eligibility requirements for those seeking certification and clarifying the varied aspects of the practice of psychoanalysis for the benefit of all State certified and applicants for certification. These new rules are essential in order for the Director to regulate the practice of psychoanalysis and to ensure that every certificate holder or applicant is aware of the procedures and practices connected with certification.

The Director believes that the proposed new rules will have a positive social impact upon the public and consumers because the Director believes that the new rules will protect the health, safety and welfare of the citizens of New Jersey by identifying those individuals who are qualified to engage in the practice of psychoanalysis and those individuals who are legally authorized to use certain State certified psychoanalyst titles. More specifically, N.J.A.C. 13:42A-1.4 establishes that no person shall use the title, "State Certified Psychoanalyst" or the abbreviation "SCP" or "SCPsyA," unless certified by the Director or a designee. In addition, no person shall hold himself or herself out as a State certified psychoanalyst in the State of New Jersey while their certificate is in inactive status. Thus, the new rules provide the public protection and confidence in the psychoanalytical field.

In addition, the proposed new rules will also have an impact upon individuals receiving psychoanalysis. The proposed new rules will provide a benefit to consumers because the continuing education regulations will help ensure that State certified psychoanalysts are providing updated services and are knowledgeable, qualified and capable of performing such services. The proposed new continuing education rules will also have an impact upon State certified psychoanalysts who must commit time to complete the continuing education requirements. The proposed new rules will provide a benefit to State certified psychoanalysts in terms of increased professional knowledge. Thus, the new rules weigh strongly in favor of public interest and furnish the Committee with provisions to enforce continuing competency requirements.

As such, there is a strong State interest in regulating the practice of psychoanalysis, predicated in large part on ensuring that clients who utilize the services of a State certified psychoanalyst are receiving competent diagnosis, treatment, and related services.

Economic Impact

The Director believes that the proposed new rules will have an economic impact upon those individuals seeking to practice psychoanalysis in New Jersey. Such individuals must expend monies to obtain the educational requirements necessary to become certified as a State certified psychoanalyst in New Jersey. However, such an expenditure is outweighed by the public interest since such requirements ensure that individuals providing psychoanalytical services are well educated in the field.

The Director believes that the proposed new rules will also have an economic impact upon those individuals applying for certification. Pursuant to proposed new rule N.J.A.C. 13:42A-1.5, which sets forth the fee schedule, the Committee shall charge an application fee and an initial certification fee. In addition, the proposed new rules will have an economic impact upon those individuals certified by the Director or a designee. N.J.A.C. 13:42A-1.5 sets forth that the Committee shall charge other fees as well. Although the proposed new rules will have an economic impact, the Director believes that the fee regulations ensure that the Committee will be adequately funded so as to defray the expenses it incurs in the performance of its statutory duties without generating excess funds.

The Director also believes that individuals who become certified will experience an economic impact since these individuals have to pay the cost of each course in order to comply with the continuing education requirements. The cost to each certificate holder will vary depending upon the course or program which each individual certificate holder selects to satisfy the continuing education requirements. Although this will impose some economic impact, the requirement of continuing education will ensure that State certified psychoanalysts participate in programs that maintain and increase their skill, knowledge and competency. The Director does not anticipate that the new rules will cause State certified psychoanalysts to increase their fees in order to recoup the costs of maintaining professional competence. Moreover, the overwhelming benefit of continuing competency to the certificate holder and the general public weighs strongly in favor of the rules.

The Director does not anticipate that the proposed new rules will have an economic impact upon the general public.

Federal Standards Statement

A Federal standards analysis is not required because the proposed new rules are governed by N.J.S.A. 45:14BB-1 et seq., and are not subject to any Federal standards or requirements.

Jobs Impact

It is anticipated that certifying psychoanalysts will neither increase nor decrease the number of jobs available in the State.

Agriculture Industry Impact

The Director does not believe that the proposed new rules will have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Committee to give a description of the types and an estimate of the number of small businesses to which the proposed new rules will apply. If, for the purposes of the Act, certificate holders are considered "small businesses" within the meaning of the statute, then the following analysis applies.

The Act requires the Director or designee to set forth the reporting, recordkeeping and other compliance requirements of the proposed new rules, including the kinds of professional services likely to be needed to comply with the requirements. The Act further requires the Director or designee to estimate the initial and annual compliance costs of the rule, to outline the manner in which it has designed the rule to minimize any adverse economic impact upon small businesses and to set forth whether the rule establishes differing compliance requirements for small businesses.

N.J.A.C. 13:42A-1.4 imposes compliance requirements since it establishes that no person shall use the title "State Certified Psychoanalyst" or the abbreviation "SCP" or "SCPsyA" unless certified by the Director or a designee. In addition, no person shall hold himself or herself out as a State certified psychoanalyst in the State of New Jersey while their certificate is in inactive status.

The proposed new rules impose compliance requirements upon those applying for certification. More specifically, N.J.A.C. 13:42A-2.1 and 2.2 set forth requirements with which an applicant must comply in order to become certified. N.J.A.C. 13:42A-3.1 also imposes compliance requirements since this proposed new rule establishes that an applicant must take and pass an examination.

In addition, Subchapter 4 which sets forth continuing education requirements, imposes compliance and recordkeeping requirements upon New Jersey certified psychoanalysts. Pursuant to N.J.A.C. 13:42A-4.1 all State certified psychoanalysts shall complete 20 credits of continuing education for certification renewal. Pursuant to N.J.A.C. 13:42A-4.4(a), a State certified psychoanalyst must retain documentation of continuing education credit in order to verify program attendance or activity completion and shall submit such documentation to the Committee upon request. N.J.A.C. 13:42A-4.4(b) requires that a State certified psychoanalyst verify attendance at continuing education courses or programs by a certificate of attendance or by a statement from the course or program instructor. Pursuant to N.J.A.C. 13:42A-4.4(c)1 through 4, a State certified psychoanalyst shall verify continuing education activities by retaining certain documentation and such documentation must be maintained for five years.

N.J.A.C. 13:42A-5.1(c) imposes compliance requirements upon State certified psychoanalysts who seek to renew their certificates by requiring the submission of a renewal application and paying the renewal fee prior to the expiration date of the certificate.

N.J.A.C. 13:42A-5.2 establishes requirements for when an applicant who has been on inactive status wishes to return to active status. If an applicant has been on inactive status he or she must complete 10 continuing education credits per year for each year the applicant has been on inactive status.

N.J.A.C. 13:42A-5.3 imposes compliance requirements upon persons who seek to reinstate their certificate after it has expired. N.J.A.C. 13:42A-5.3(a) 1 through 4 requires that certain information be submitted to the Committee in order to be reinstated.

N.J.A.C. 13:42A-6.1 sets forth recordkeeping requirements for State certified psychoanalysts when preparing and maintaining patient records. In addition, N.J.A.C. 13:42A-6.2 sets forth how a state certified psychoanalyst must comply when a request is made for a copy of the patient record. N.J.A.C. 13:42A-6.3 also imposes compliance requirements since these proposed new rules establish how a State certified psychoanalyst must preserve a patient's confidentiality.

N.J.A.C. 13:42A-7.1 imposes compliance requirements upon State certified psychoanalysts since the proposed new rule requires State certified psychoanalysts to display this current certificate in every location where the State certified psychoanalyst practices. N.J.A.C. 13:42A-7.2 and 7.3 impose reporting requirements upon State certified psychoanalysts. More specifically, N.J.A.C. 13:42A-7.2 requires a State certified psychoanalyst to notify the Committee of any change in the address of record that is on file with the Committee. N.J.A.C. 13:42A-7.3 establishes that a State certified psychoanalyst must notify the Committee when in possession of information which reasonably indicates that another State certified psychoanalyst has demonstrated an impairment, gross incompetence, repeated acts of incompetence or professional misconduct which would present an imminent danger to a patient or to the public health, safety or welfare. At N.J.A.C. 13:42A-7.4, a State certified psychoanalyst who does not possess the requisite training, experience, education or supervision for a particular case must obtain supervision for that case or make appropriate referrals to practitioners. In addition, a State certified psychoanalyst must not abandon or neglect a patient in need of professional care without making reasonable arrangements for the continuation of care or offering to assist the patient in finding alternative sources of assistance. N.J.A.C. 13:42A-7.5 also imposes compliance requirements upon State certified psychoanalysts since the proposed new rule requires a State certified psychoanalyst to inform patients of the financial arrangements for psychoanalytical services. N.J.A.C. 13:42A-7.6 imposes compliance requirements upon State certified psychoanalysts since the proposed new rule prohibits a State certified psychoanalyst from referring a patient to a person or entity in which the State certified psychoanalyst has any financial or significant beneficial interest unless he or she has disclosed to the patient that he or she has a financial interest and that the State certified psychoanalyst has provided an alternative referral source. In addition, a State certified psychoanalyst shall not enter into or continue any treating relationship in which he or she has any family, personal, financial, business, employment or beneficial interest other than that arising from the State certified psychoanalyst-patient relationship. N.J.A.C. 13:42A-7.7 also imposes compliance requirements upon State certified psychoanalysts since the proposed new rule prohibits referral fees and fee splitting. In addition, N.J.A.C. 13:42A-7.8 establishes that State certified psychoanalysts are prohibited from engaging in sexual contact with a current patient, a former patient to whom psychoanalytic services were rendered within the immediately preceding 24 months, a current student, a direct supervisee or supervisor, or a research subject. A State certified psychoanalyst shall not engage in sexual harassment in a professional setting or outside the professional setting and is prohibited from accepting as a patient a former sexual partner.

No additional professional services will be needed to comply with the proposed new rules. In order to ensure that all State certified psychoanalysts who are certified by the Director are subject to the same professional requirements and foster uniform provision of psychoanalytic services to clients, no differing compliance requirements based on size with the business have been provided.

Smart Growth Impact

These proposed new rules are not anticipated to have an impact on the achievement of smart growth and the implementation of the State Development and Redevelopment Plan.

Full text of the proposed new rules follows:

CHAPTER 42A CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE

SUBCHAPTER 1. GENERAL PROVISIONS

<< NJ ADC 13:42A-1.1 >>

<<+13:42A-1.1 Purpose and scope+>>

<<+(a) The rules in this chapter implement the provisions of P.L. 2000, c.57, N.J.S.A. 45:14BB-1 et seq., the Psychoanalysts State Certification Act.+>>

<<+(b) This chapter shall apply to all persons applying for certification as a psychoanalyst and to persons certified as psychoanalysts in the State of New Jersey by the Director or a designee.+>>

<<+(c) By this subchapter, the Director of the Division of Consumer Affairs may delegate to the Certified Psychoanalysts Advisory Committee certain functions with respect to the State certification of psychoanalysts.+>>

<< NJ ADC 13:42A-1.2 >>

<<+13:42A-1.2 Definitions+>>

<<+The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:+>>

<<+"Committee" means the Certified Psychoanalysts Advisory Committee established pursuant to N.J.S.A. 45:14BB-4.+>>

<<+"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety or a designee.+>>

<<+"National psychoanalytic association" means a national professional organization of psychoanalysts, which is generally recognized in the psychoanalytic community, that conducts on-site visits of psychoanalytic institutes applying for accreditation.+>>

: <<+"Psychoanalytic services" means therapeutic services that are based on an understanding of the unconscious and how unconscious processes affect the human mind as a whole, including actions, thought, perceptions and emotions.+>>

<<+"State certified psychoanalyst" means an individual who has met the eligibility requirements contained in N.J.S.A. 45:14BB-6 and N.J.A.C. 13:42A-2.1 and who holds a current, valid certification as a psychoanalyst issued by the Director or a designee.+>>

<< NJ ADC 13:42A-1.3 >>

<<+13:42A-1.3 Office of the Certified Psychoanalysts Advisory Committee+>>

<<+The office of the Committee shall be maintained at 124 Halsey Street, Newark, New Jersey. The mailing address of the Certified Psychoanalysts Advisory Committee is Post Office Box 45050, Newark, New Jersey 07101. The website address is http://www.state.nj.us/lps/ca/medical.htm.+>>

<< NJ ADC 13:42A-1.4 >>

<<+13:42A-1.4 Use of title+>>

<<+No person shall use the title "State Certified Psychoanalyst" or the abbreviation "SCP" or "SCPsyA," unless certified by the Director or a designee pursuant to the provisions of N.J.S.A. 45:14BB-1 et seq. and this subchapter. No person shall hold himself or herself out as a State certified psychoanalyst in the State of New Jersey while his or her certificate is in an inactive status.+>>

<< NJ ADC 13:42A-1.5 >>

<<+13:42A-1.5 Fee schedule+>>

<<+(a) Charges for certification and other services are as follows:+>>

1. Application fee ............................................... $100.00
2. Examination fee ............................................... $175.00 3. Initial certification fee
i. During the first year of a biennial renewal period ....................................... $350.00
ii. During the second year of a biennial renewal period ....................................... $175.00
4. Biennial renewal fee .......................................... $350.00
5. Verification fee .............................................. $ 25.00
6. Replacement wall certificate fee .............................. $ 25.00
7. Duplicate certificate fee ..................................... $ 25.00
8. Inactive certification fee .................................... $175.00
9. Late renewal fee ........................... (to be established by rule by the Director)
10. Reinstatement fee .......................... (to be established by rule by the Director)

SUBCHAPTER 2. QUALIFICATIONS; APPLICATION PROCESS

<< NJ ADC 13:42A-2.1 >>

<<+13:42A-2.1 Requirements for certification as a psychoanalyst+>>

<<+(a) To be eligible to be certified as a State certified psychoanalyst, an applicant shall:+>>

<<+1. Be at least 18 years of age;+>>

<<+2. Be of good moral character;+>>

<<+3. Have received at least a master's degree from an accredited institution of higher education. For purposes of this section "accredited" shall mean the institution is accredited by a U.S. regional or national accrediting body recognized within the national academic community or the institution is chartered or approved by a foreign government after meeting requirements established by a governmental or independent educational agency recognized in the foreign country. In order to meet the requirements of this section, the applicant shall:+>>

<<+i. Submit proof that the institution of higher education is accredited as defined above, if requested by the Committee; and+>>

<<+ii. If the applicant is a graduate of a foreign institution of higher education, submit a certification by a foreign transcript evaluating service on the Committee's approved list establishing that the foreign degree is the substantial equivalent of a master's degree in the U.S.;+>>

<<+4. Have received a graduate certificate in psychoanalysis from a free-standing psychoanalytic institute that is either:+>>

<<+i. Accredited by a national psychoanalytic association at the time the applicant graduated and approved by the Director or a designee; or+>>

<<+ii. Chartered by a State or foreign government with substantially similar requirements as those for accreditation by a national psychoanalytic association and approved by the Director or a designee;+>>

<<+5. Have passed an examination to determine the applicant's competence to practice psychoanalytic services; and+>>

<<+6. Have undergone a criminal history record background check pursuant to N.J.S.A. 45:1-29.+>>

<< NJ ADC 13:42A-2.2 >>

<<+13:42A-2.2 Requirements for applicants holding a certificate of graduation from a nonaccredited psychoanalytic institute+>>

<<+(a) The Director or a designee may waive the requirement that the applicant hold a certificate from an accredited psychoanalytic institute and allow an applicant to take the examination if the applicant has:+>>

<<+1. Received a graduate certificate in psychoanalysis from a free-standing, psychoanalytic institute that:+>>

<<+i. Has not been accredited as set forth in N.J.A.C. 13:42A-2.1(a) 4i; or+>>

<<+ii. Has been chartered by a state or foreign government which does not have substantially similar requirements of accreditation as those required by a national psychoanalytic association and has not been approved by the Director or a designee;+>>

<<+2. Documented clinical training and work experience from a psychoanalytic institute which requires at a minimum:+>>

<<+i. Three hundred hours of patient contact hours in psychoanalytic treatment;+>>

<<+ii. Seventy-two credit hours of classroom instruction in psychoanalysis;+>>

<<+iii. Three hundred hours of personal psychoanalysis with a psychoanalyst who holds a certificate of graduation from a psychoanalytic institute; and+>>

<<+iv. One hundred fifty hours of supervision of psychoanalytic cases with a psychoanalyst who holds a certificate of graduation from a psychoanalytic institute and does not serve as the personal psychoanalyst, of which 50 hours shall be individual supervision with one supervisor working on one case, plus a minimum of 100 hours of supervision with at least one other supervisor, not necessarily with one case; at least 50 hours of those 100 hours shall be individual supervision; and+>>

<<+3. A current State of New Jersey license, registration, or certificate in a mental health profession, which includes a licensed physician, a licensed psychologist, a licensed social worker, a licensed clinical social worker, a licensed marriage and family therapist, a licensed professional counselor who holds a specialty permit as a clinical mental health counselor, a licensed rehabilitation counselor, and a licensed clinical alcohol and drug counselor.+>>

<<+(b) If the applicant has not met the clinical training and work experience requirements stated at (a)2 above, then the applicant shall complete the clinical training and work experience requirements, after having earned his or her graduate certification, and then apply for State certification as a psychoanalyst upon documented completion of the requirements.+>>

<< NJ ADC 13:42A-2.3 >>

<<+13:42A-2.3 Certification by endorsement+>>

<<+The Director or a designee may waive the education, experience and examination requirements for State certification and issue a State certification by endorsement to any applicant who holds a current license, registration, or certificate to practice psychoanalysis issued by the agency of another state or country which has requirements for licensure, registration or certification equivalent to or higher than those required in this State for certification.+>>

SUBCHAPTER 3. EXAMINATION

<< NJ ADC 13:42A-3.1 >>

<<+13:42A-3.1 Examination+>>

<<+An applicant shall take and pass an examination selected by the Committee to determine the applicant's appropriate competencies, qualifications and abilities to practice psychoanalysis, pursuant to N.J.S.A. 45:14BB-1 et seq. and these rules.+>>

SUBCHAPTER 4. CONTINUING EDUCATION

<< NJ ADC 13:42A-4.1 >>

<<+13:42A-4.1 Certification renewal and continuing education requirement+>>

<<+All State certified psychoanalysts shall complete 20 credits of continuing education for certification renewal. A State certified psychoanalyst shall confirm on the renewal application that he or she has completed all continuing education requirements pursuant to N.J.A.C. 13:42A-4.2 during the biennial period preceding application for renewal.+>>

<< NJ ADC 13:42A-4.2 >>

<<+13:42A-4.2 Credit requirements+>>

<<+(a) A State certified psychoanalyst shall not be required to obtain continuing education credit during the first biennial renewal period in which initial certification was obtained but shall be subject to the requirements of N.J.A.C. 13:42A-4.1 for all subsequent biennial renewal periods.+>>

<<+(b) A State certified psychoanalyst who earns more than 20 credits of continuing education during a biennial period may not carry any credits into the next succeeding biennial period.+>>

<<+(c) A State certified psychoanalyst who is ordered by the Committee to complete continuing education courses or programs for remedial purposes shall not use that continuing education toward the required 20 credits of continuing education per biennial period.+>>

<< NJ ADC 13:42A-4.3 >>

<<+13:42A-4.3 Acceptable sources of continuing education; continuing education credits+>>

<<+(a) The following are acceptable sources of continuing education courses and programs as long as the courses or programs are directly related to the clinical and theoretical practice of psychoanalysis:+>>

<<+1. Courses and programs approved or offered by accredited psychoanalytic institutes; the National Association for the Advancement of Psychoanalysis; the Society of Modern Psychoanalysts; the American Psychoanalytic Association; the American Group Psychotherapy Association; the Eastern Group Psychotherapy Society; the New Jersey Group Psychotherapy Association; other national psychoanalytic associations; the National Board for Certified Counselors; the American Counseling Association; the American Psychological Association; the American Psychiatric Association; the National Association of Social Workers; the American Association for Marriage and Family Therapy; the Commission on Rehabilitation Counselors Certification; the American Orthopsychiatric Association; the American Medical Association; the American Nursing Association; the National Association of Alcoholism and Drug Abuse Counselors; and their New Jersey State chapters and affiliates: the credit granted in accordance with the credits granted by the organization;+>>

<<+2. Completing graduate coursework at an accredited institution of higher education or an accredited psychoanalytic institute: hour for hour credit;+>>

<<+3. Authoring a refereed article published in a professional journal: eight credits per article; and+>>

<<+4. Teaching new graduate coursework at an accredited institution of higher education or an accredited psychoanalytic institute or presenting a new course or program: one and one-half credit for each hour of teaching or presenting. For the purposes of this subsection, "new" means a course that the State certified psychoanalyst has not taught or presented previously in any educational setting.+>>

<<+(b) A State certified psychoanalyst who has attended or wishes to attend a course or program that has not been approved or offered by any of the organizations listed in (a)1 above may apply to and obtain approval from one of the listed organizations in (a)1 above in order to obtain continuing education credit from the Committee.+>>

<<+(c) The Committee will not conduct independent reviews of any continuing education courses or programs.+>>

<< NJ ADC 13:42A-4.4 >>

<<+13:42A-4.4 Documentation of continuing education credit+>>

<<+(a) A State certified psychoanalyst shall retain documentation of continuing education credit in order to verify program attendance or activity completion and shall submit such documentation to the Committee upon its request. The Committee may periodically audit the records of State certified psychoanalysts, on a random basis, to determine compliance with continuing education requirements of this subchapter.+>>

<<+(b) A State certified psychoanalyst shall verify attendance at continuing education courses or programs by a certificate of attendance or by a statement from the course or program instructor. The verification shall include the name of the State certified psychoanalyst, the name of the sponsor, the title, location and date of the course or program, and the number of continuing education credits awarded.+>>

<<+(c) A State certified psychoanalyst shall verify continuing education activities by retaining the following:+>>

<<+1. For publications, a copy of the published article;+>>

<<+2. For program presentations, copies of the program, syllabus, outlines and bibliographies;+>>

<<+3. For teaching, copies of the syllabus, bibliography, course outline and verification from the academic institution that the course was "new" as defined by N.J.A.C. 13:42A-4.3(a)4; and+>>

<<+4. For graduate coursework, an official transcript.+>>

<<+(d) A State certified psychoanalyst shall maintain verification documentation for five years following the continuing education activity.+>>

<<+(e) Failure to complete continuing education requirements or falsification of any information pertaining to continuing education may result in the Committee taking any appropriate disciplinary measures, including suspension of certificate, pursuant to N.J.S.A. 45:1-21.+>>

<< NJ ADC 13:42A-4.5 >>

<<+13:42A-4.5 Waiver of continuing education requirements+>>

<<+(a) A State certified psychoanalyst may request a waiver from 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 State certified psychoanalyst who seeks a waiver of the continuing education requirements shall provide to the Committee, in writing, the specific reasons and any additional documentation the Committee may request in support of the waiver.+>>

SUBCHAPTER 5. CERTIFICATION RENEWAL; CHANGE OF STATUS; REINSTATEMENT

<< NJ ADC 13:42A-5.1 >>

<<+13:42A-5.1 Certification renewal+>>

<<+(a) Certifications shall be renewed biennially upon a form provided by the Committee. Each applicant shall attest as to whether or not the continuing education requirements of N.J.A.C. 13:42A-4 have been completed during the prior 24-month renewal period.+>>

<<+(b) The Committee shall send a notice of renewal to each State certified psychoanalyst, at least 60 days prior to the expiration of the certificate. 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 to renew.+>>

<<+(c) The State certified psychoanalyst shall submit the renewal application and pay the renewal fee pursuant to N.J.A.C. 13:42A-1.6 prior to the date of expiration of the certificate. If the State certified psychoanalyst does not renew the certificate prior to its expiration date, the State certified psychoanalyst may renew it no later than 30 days after its expiration date by submitting a renewal application and paying a renewal fee and a late fee pursuant to N.J.A.C. 13:42A-1.6. The State certified psychoanalyst who fails to renew the certificate within 30 days after the expiration date of the certificate shall have the certification suspended without a hearing.+>>

<<+(d) A person who continues to hold him or herself out as a State certified psychoanalyst after 30 days following the expiration date of the certificate shall be deemed to be engaged in the uncertified practice of psychoanalysis, even if no notice of suspension has been provided to the person.+>>

<<+(e) Renewal applications for all certificates shall provide the applicant with the option of either active or inactive renewal. Renewal applicants electing to renew as inactive shall not hold themselves out to the public as State certified psychoanalysts. An applicant who selects the inactive renewal option shall remain on inactive status for the entire renewal period, unless the applicant applies for change of status pursuant to N.J.A.C. 13:42A-5.2.+>>

<< NJ ADC 13:42A-5.2 >>

<<+13:42A-5.2 Change of status+>>

<<+Upon application to the Committee, the Committee may permit an applicant who has been on inactive status to return to active status provided such applicant has completed 10 continuing education credits per year for each year the applicant has been on inactive status.+>>

<< NJ ADC 13:42A-5.3 >>

<<+13:42A-5.3 Reinstatement of expired certificate+>>

<<+(a) A person seeking reinstatement within five years following the expiration date of the State certified psychoanalyst certification shall submit the following to the Committee:+>>

<<+1. A completed reinstatement application;+>>

<<+2. An affidavit of employment listing each job held during the period of suspended certification which includes the names, addresses, and telephone numbers of each employer;+>>

<<+3. A certification verifying completion of the continuing education credits required pursuant to N.J.A.C. 13:42A-4 for the renewal of a State certified psychoanalyst certification; and+>>

<<+4. Payment of a reinstatement fee as set forth in N.J.A.C. 13:42A-1.6.+>>

<<+(b) A person seeking reinstatement after more than five years following the expiration date of the State certified psychoanalyst certification shall satisfy the requirements of (a) above and shall successfully complete the examination required for initial certification.+>>

SUBCHAPTER 6. PATIENT RECORDS; CONFIDENTIALITY

<< NJ ADC 13:42A-6.1 >>

<<+13:42A-6.1 Preparation and maintenance of patient records+>>

<<+(a) A State certified psychoanalyst shall contemporaneously prepare and maintain separately for each patient a permanent record which accurately reflects the State certified psychoanalyst's contact with the patient whether in an office, hospital or other treatment, evaluation or consultation setting.+>>

<<+(b) A State certified psychoanalyst shall include in the patient record the following information pertinent to the nature and extent of the professional interaction between the State certified psychoanalyst and the patient:+>>

<<+1. The patient's name, address and telephone number;+>>

<<+2. The patient's complaint on intake;+>>

<<+3. Initial and ongoing diagnostic impressions;+>>

<<+4. Dates of all treatment, evaluation or consultation sessions and progress or session notes, if any;+>>

<<+5. The client identity on each page;+>>

<<+6. Fees charged and paid; and+>>

<<+7. In a multi-person practice, the identity of each provider of treatment, evaluation or consultation.+>>

<<+(c) The patient record shall contain information regarding referrals to other professionals.+>>

<<+(d) When records are to be maintained as confidential, the State certified psychoanalyst shall establish and maintain a procedure to protect such records from access by unauthorized persons.+>>

<<+(e) The State certified psychoanalyst shall retain the permanent patient record for at least seven years from the date of last entry, unless otherwise provided by law.+>>

<< NJ ADC 13:42A-6.2 >>

<<+13:42A-6.2 Access to copy of patient record+>>

<<+(a) For purposes of this section, "authorized representative" means, but is not necessarily limited to, a person designated by the patient or a court to exercise rights under this section. An authorized representative may be the patient's attorney or an agent of a third party payor with whom the patient 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 State certified psychoanalyst may require the record request to be in writing. No later than 30 days from receipt of a request from a patient or duly authorized representative, the State certified psychoanalyst shall provide a copy of the patient record and/or billing records, including reports relating to the patient.+>>

<<+(c) The State certified psychoanalyst may elect to provide a summary of the record, as long as the summary adequately reflects the patient's history and treatment, unless otherwise required by law.+>>

<<+(d) A State certified psychoanalyst 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 State certified psychoanalyst may withhold information contained in the patient record from a patient or the patient's authorized representative if, in the reasonable exercise of his or her professional judgment, the State certified psychoanalyst believes release of such information would adversely affect the patient's health or welfare. 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:+>>

<<+1. The patient's attorney;+>>

<<+2. Another licensed health care professional; or+>>

<<+3. The patient's health insurance carrier.+>>

<<+(f) Records maintained as confidential pursuant to N.J.A.C. 13:42A-6.3 shall be released:+>>

<<+1. If requested or subpoenaed by the Committee or the Office of the Attorney General in the course of any Committee investigation;+>>

<<+2. Pursuant to an order of a course of competent jurisdiction;+>>

<<+3. Upon a waiver of the patient or an authorized representative to release the patient record to any person or entity, including to the Violent Crimes Compensation Board; or+>>

<<+4. In order to contribute appropriate patient information to the patient record maintained by a hospital, nursing home or similar licensed institution which is providing or has been asked to provide treatment to the patient.+>>

<<+(g) A State certified psychoanalyst's obligation under this section to release information shall include the obligation to complete forms or reports required for third party reimbursement of patient treatment expenses.+>>

<<+(h) When a request is made for release of already completed reports to enable the patient to receive ongoing care by another professional, the State certified psychoanalyst shall not require prior payment for the professional services to which such reports relate as a condition for making such reports available. A State certified psychoanalyst may, however, require advance payment for a report prepared for services as an expert witness.+>>

<< NJ ADC 13:42A-6.3 >>

<<+13:42A-6.3 Confidentiality+>>

<<+(a) A State certified psychoanalyst shall preserve the confidentiality of information from a patient in the course of the State certified psychoanalyst's teaching, practice or investigation. However, the State certified psychoanalyst shall reveal the information to appropriate professionals, public authorities and the threatened individual(s) or their representatives only, if in the State certified psychoanalyst'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 patient is likely to be in danger; or+>>

<<+3. Release of such information is otherwise mandated by law.+>>

<<+(b) In the case of a patient's death:+>>

<<+1. Confidentiality survives the patient's death and a State certified psychoanalyst shall preserve the confidentiality of information obtained from the patient in the course of the patient's teaching, practice or investigation;+>>

<<+2. The disclosure of information in a deceased patient's records is governed by the same provisions for living patients set forth in (a) above and N.J.A.C. 13:42A-6.2; and+>>

<<+3. A State certified psychoanalyst shall retain a deceased patient's record for at least seven years from the date of last entry, unless otherwise provided by law.+>>

<<+(c) A State certified psychoanalyst 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 State certified psychoanalyst 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 patients or persons involved; or+>>

<<+2. Where the identity of the patient or person involved is adequately disguised.+>>

<<+(e) A State certified psychoanalyst may share confidential communications with other patients 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 State certified psychoanalyst may reveal the identity of research subjects only if the subjects have granted explicit permission.+>>

<<+(g) A State certified psychoanalyst may release confidential documents, testimony or other information contained in the patient record only in accordance with the provisions of N.J.A.C. 13:42A-6.2 and this section.+>>

SUBCHAPTER 7. GENERAL OBLIGATIONS OF A STATE CERTIFIED PSYCHOANALYST

<< NJ ADC 13:42A-7.1 >>

<<+13:42A-7.1 Posting of practice authorization+>>

<<+A State certified psychoanalyst shall prominently display the current certificate in every location where the State certified psychoanalyst practices.+>>

<< NJ ADC 13:42A-7.2 >>

<<+13:42A-7.2 Notification of change of address; service of process+>>

<<+(a) A State certified psychoanalyst shall notify the Committee, in writing, not later than 30 days after any change in the address of record on file with the Committee.+>>

<<+(b) Service of an administrative complaint or other process initiated by the Committee, the Attorney General or the Division of Consumer Affairs, at the address of record on file with the Committee, shall be deemed adequate notice for the commencement of any inquiry or disciplinary proceeding.+>>

<< NJ ADC 13:42A-7.3 >>

<<+13:42A-7.3 Reporting of conduct of other State certified psychoanalysts+>>

<<+(a) A State certified psychoanalyst shall promptly notify the Committee when in possession of information which reasonably indicates that another State certified psychoanalyst has demonstrated an impairment, gross incompetence, repeated acts of incompetence or professional misconduct which would present an imminent danger to a patient or to the public health, safety or welfare. If a State certified psychoanalyst obtains information from a patient about another State certified psychoanalyst's suspected unlawful conduct, the State certified psychoanalyst shall report the information only with the written permission of the patient.+>>

<<+(b) Notwithstanding the provisions of (a) above, a State certified psychoanalyst who acquires knowledge of impairment, gross incompetence, repeated acts of incompetence or professional misconduct in the course of treating a patient-state certified psychoanalyst shall not be obligated to notify the Committee if:+>>

<<+1. The treating State certified psychoanalyst reasonably believes that the improper conduct has ceased and the current treatment is adequate to prevent a recurrence of the impairment, incompetence or professional misconduct; or+>>

<<+2. The treating State certified psychoanalyst has reasonable cause to believe that the patient-State certified psychoanalyst is currently receiving professional supervisory and educational measures which are reasonably likely to protect patients against gross incompetence.+>>

<<+(c) A State certified psychoanalyst is not exempt from reporting any information otherwise required by law, such as, but not limited to, the mandatory reporting of an abused child as defined in N.J.S.A. 9:6-8.10 et seq.+>>

<< NJ ADC 13:42A-7.4 >>

<<+13:42A-7.4 Professional interactions with patients+>>

<<+(a) A State certified psychoanalyst who does not possess the requisite training, experience, education or supervision for a particular case shall obtain supervision for that case or make appropriate referrals to professionals. Failure to obtain supervision or make the appropriate referral shall be deemed professional misconduct.+>>

<<+(b) A State certified psychoanalyst shall not abandon nor neglect a patient in need of professional care without making reasonable arrangements for the continuation of such care or offering to assist the patient in finding alternative sources of assistance.+>>

<< NJ ADC 13:42A-7.5 >>

<<+13:42A-7.5 Financial arrangements with patients and others+>>

<<+(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 patient has been informed of the financial arrangements shall be on the State certified psychoanalyst.+>>

<<+(b) A State certified psychoanalyst, upon request, shall provide to a patient or the patient's designated insurance carrier, a statement of services.+>>

<< NJ ADC 13:42A-7.6 >>

<<+13:42A-7.6 Conflicts of interest+>>

<<+(a) For purposes of this section, "significant beneficial interest" means any financial interest including an equity or ownership interest in a practice or in a commercial entity holding itself out as offering psychoanalytic services. This interest does not, however, include ownership of a building or component thereof wherein the space is leased, in writing, to a person or entity at the prevailing rate under a straight lease agreement (that is, a fixed fee for a fixed term), or any interest held in publicly traded securities. 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; and+>>

<<+2. The State certified psychoanalyst has provided an alternative referral source.+>>

<<+(b) A State certified psychoanalyst shall not enter into or continue any treating relationship in which he or she has any family, personal, financial, business, employment or beneficial interest other than that arising from the State certified psychoanalyst-patient relationship. Entering into any business relationship or paying or bartering for any services provided by any current patient shall also be prohibited.+>>

<< NJ ADC 13:42A-7.7 >>

<<+13:42A-7.7 Prohibition on referral fees and fee splitting+>>

<<+(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 flat fee for regular advertising services;+>>

<<+2. Paying a flat fee for the State certified psychoanalyst's placement on a commercially sponsored "referral list" of health care professionals; or+>>

<<+3. Contributing a fee to a professionally sponsored referral service.+>>

<<+(b) A State certified psychoanalyst shall not permit the division of fees for professional services other than among health care professionals in the same or in a closely allied professional health care field engaged in a bona fide partnership or professional service corporation, limited liability company or limited liability partnership.+>>

<<+(c) A State certified psychoanalyst shall not divide fees for professional services rendered to a patient with a State certified psychoanalyst practicing as an independent contractor. This subsection shall not prohibit a State certified psychoanalyst from charging a flat fee to an independent contractor on a per hour or per service basis to cover expenses.+>>

<< NJ ADC 13:42A-7.8 >>

<<+13:42A-7.8 Sexual misconduct+>>

<<+(a) As used in this section, the following terms 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 means a person who is the subject of professional consultation or evaluation even if the purpose of that consultation or evaluation 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 a State certified psychoanalyst'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 State certified psychoanalyst's body upon a part of the patient's body, sexual penetration, or the insertion or imposition of any object or any part of a State certified psychoanalyst's or patient'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 State certified psychoanalyst's activities or role as a provider of psychoanalytic services, and that is either unwelcome, offensive to a reasonable person, or creates a hostile work place environment, and the State certified psychoanalyst 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 State certified psychoanalyst with a patient, co-worker, employee, employer, student, supervisee or supervisor whether or not such individual is in a subordinate position to the State certified psychoanalyst.+>>

<<+(b) A State certified psychoanalyst shall not engage in sexual contact with a current patient, a former patient to whom psychoanalytic 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 State certified psychoanalyst as, clearly vulnerable by reason of emotional or cognitive disorder to exploitive influence by the State certified psychoanalyst, the prohibition on sexual contact shall extend indefinitely.+>>

<<+(d) A State certified psychoanalyst 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 State certified psychoanalyst shall not accept as a patient a former sexual partner.+>>

<<+(f) Violation of any of the prohibitions or directives set forth at (b) through (e) above shall be deemed to constitute professional misconduct pursuant to N.J.S.A. 45:1-21(e).+>>

<<+(g) It shall not be a defense to any action under this section that:+>>

<<+1. The patient solicited or consented to sexual contact with the State certified psychoanalyst; or+>>

<<+2. The State certified psychoanalyst was in love with or had affection for the patient.+>>

<< NJ ADC 13:42A-7.9 >>

<<+13:42A-7.9 Advertising+>>

<<+(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."+>>

<<+(b) A State certified psychoanalyst 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.+>>

<<+(c) A State certified psychoanalyst who is on inactive status shall not hold himself or herself out to the public as a State certified psychoanalyst.+>>



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