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RULE PROPOSAL
VOLUME 43, ISSUE 13
ISSUE DATE: JULY 5, 2011
Law and Public Safety
DIVISION OF CONSUMER AFFAIRS
CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE

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

Rules of the Certified Psychoanalysts Advisory Committee

Authorized By: Thomas Calcagni, Acting Director, Division of Consumer Affairs.
Authority: N.J.S.A. 45:14BB-12.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2011-144.
 
Submit comments by September 3, 2011 to:
Thomas Calcagni, Acting Director
Division of Consumer Affairs
PO Box 45027
Newark, New Jersey 07101
 
The agency proposal follows:
 
Summary
Rules implementing N.J.S.A. 45:14BB-1 et seq., the Psychoanalysts State Certification Act (the Act) were originally proposed by the Director of the Division of Consumer Affairs (the Director) on December 6, 2004 at 36 N.J.R. 5220(a) (the proposal expired on December 6, 2005). The Director received 54 comments on the proposed new rules, many of which opposed the rules based on differing national standards for the education and preparation of psychoanalysts for certification. This difference hinged on the frequency of the personal psychoanalysis a student is required to complete during his or her education. One school of thought holds that students must complete at least three sessions per week of personal psychoanalysis during their education. The other school does not impose any standards as to the frequency of personal psychoanalysis during education, as long as the required number of hours is met.

The Director did not adopt the proposed new rules, so that a review of national standards could be conducted to determine what, if any, changes should be made to the rules in order to conform to national standards. The Director has reviewed these national standards and has found that there is no dispositive evidence on either side that clearly indicates that one school has the optimal standard for preparing students to practice psychoanalysis. It is not appropriate for the Director to resolve this national split and the Director is proposing the new rules as they were originally proposed, except as otherwise noted below, so that individuals who meet either of the existing national standards will be eligible for certification in New Jersey.

In order to ensure that patients receiving psychoanalytic services are aware of a State-certified psychoanalyst's preparation, a new provision in the reproposed new rules require that State-certified psychoanalysts disclose their training and education to their patients. State-certified analysts will also be required to disclose whether their education was in a specific school of thought and to provide a description of that school of thought.

Subchapter 1 sets forth general provisions for the regulation of State-certified psychoanalysts. Proposed new N.J.A.C. 13:42A-1.1 sets forth the purpose and scope of the proposed new rules. Proposed new N.J.A.C. 13:42A-1.2 defines words and terms used in the rules. Proposed new rule N.J.A.C. 13:42A-1.3 provides the address of the Certified Psychoanalysts Advisory Committee (the Committee). Proposed new N.J.A.C. 13:42A-1.4 prohibits a person from using the title, "State Certified Psychoanalyst" or the abbreviation "SCP" or "SCPsyA" unless the person is certified by the Director. Proposed new N.J.A.C. 13:42A-1.5 sets forth the fees the Director will charge for services provided by the Committee.

Subchapter 2 establishes the process for obtaining State certification. Proposed new N.J.A.C. 13:42A-2.1 requires an applicant for certification as a psychoanalyst to hold at least a master's degree from an accredited institution of higher education, hold a certificate of graduation in psychoanalysis from a free-standing, accredited psychoanalytic institute, to have passed the State-certification examination and to undergo a criminal history background check.

Proposed new N.J.A.C. 13:42A-2.2 provides certification requirements for applicants holding a certificate of graduation from a non-accredited psychoanalytic institute. Under this rule, the Director may waive the requirement that an applicant hold a certificate from an accredited psychoanalytic institute 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 is not accredited. Second, the applicant must document clinical training and work experience in psychoanalysis. Third, the applicant must have a current State of New Jersey license, registration or certificate in a mental health profession. Such an applicant is required to meet all of the other requirements of N.J.A.C. 13:42A-2.1.

Proposed new N.J.A.C. 13:42A-2.3 permits the Director to waive the education, experience and examination requirements of the rules and issue a State certification to an applicant who is licensed, registered or certified by another state to practice psychoanalysis.

Subchapter 3 deals with the State-certification examination. Proposed new N.J.A.C. 13:42A-3.1 requires an applicant to take and pass an examination before becoming certified in the State to practice psychoanalysis.

Subchapter 4 sets forth continuing education requirements. Proposed new N.J.A.C. 13:42A-4.1 requires all State-certified psychoanalysts to complete 20 credits of continuing education for certification renewal.

Proposed new N.J.A.C. 13:42A-4.2 exempts newly certified psychoanalysts from continuing education requirements. The rule prohibits State-certified psychoanalysts from applying credits earned in one biennial renewal period to succeeding biennial periods. State-certified psychoanalysts are also prohibited from applying continuing education credits completed to comply with a Committee order towards the 20 credits required per biennial period.

Proposed new N.J.A.C. 13:42A-4.3 sets forth the methods by which State-certified psychoanalysts may obtain continuing education credits.

Proposed new N.J.A.C. 13:42A-4.4 requires State-certified psychoanalysts to retain documentation of continuing education credits for five years from the date the credits were completed. The rule permits the Committee to review a State-certified psychoanalyst's records to determine compliance with continuing education requirements.

Proposed new N.J.A.C. 13:42A-4.5 allows a State-certified psychoanalyst to request a waiver of continuing education requirements for reasons of hardship. A State-certified psychoanalyst seeking a waiver must provide the Committee with the specific reasons for the waiver and any additional documentation the Committee may request in support of the waiver.

Subchapter 5 deals with renewal of certifications. Proposed new N.J.A.C. 13:42A-5.1 sets forth the process for certification renewal. An applicant for certification renewal is required to attest that he or she has completed continuing education requirements. A State-certified psychoanalyst who fails to renew his or her certification by the expiration date will have 30 days to submit a late renewal. After this 30-day period, a State-certified psychoanalyst who has not renewed his or her [page=1499] certification will be suspended. If a person who has been suspended for failure to renew holds him- or herself out as a State-certified psychoanalyst, he or she will be deemed to be engaged in the uncertified practice of psychoanalysis. The rule permits State-certified psychoanalysts to renew as inactive. A person with an inactive State certification may not hold him- or herself out as a State-certified psychoanalyst.

Proposed new N.J.A.C. 13:42A-5.2 permits the Committee to allow an individual with an inactive State certification to return to active status, as long as he or she has completed 10 credits of continuing education for every year on inactive status.
Proposed new N.J.A.C. 13:42A-5.3 sets forth the procedure by which suspended certificates may be reinstated. A person seeking reinstatement within five years of being suspended is required to submit an affidavit listing any job held during the period of suspension and a certification that he or she completed the continuing education credits required for renewal of certification. If a person seeking reinstatement has been suspended for more than five years, he or she must successfully complete the State-certification examination in addition to completing the requirements imposed on an individual who was suspended for five years or less.

Subchapter 6 deals with patient records and confidentiality requirements. Proposed new N.J.A.C. 13:42A-6.1 requires State-certified psychoanalysts to maintain patient records. The rule sets forth the specific information that must be in patient records, requires State-certified psychoanalysts to establish a process to protect confidential records and requires that records be kept for at least seven years from the date of last entry.

Proposed new N.J.A.C. 13:42A-6.2 governs access to patient records. A State-certified psychoanalyst may require that a request for record release be in writing. Within 30 days of receiving a request for patient records from a patient or representative, the State-certified psychoanalyst must provide the record. A State-certified psychoanalyst providing patient records may summarize records and may charge a fee for preparing a summary or reproducing records. If a State-certified psychoanalyst believes that releasing information would adversely affect a patient's health or welfare, he or she may withhold this information when releasing records. The rule sets forth the situations under which confidential records must be released and prohibits a State-certified psychoanalyst from requiring payment for professional services prior to releasing patient records that are required for ongoing care by another practitioner.

Proposed new N.J.A.C. 13:42A-6.3 sets forth confidentiality requirements. The rule requires State-certified psychoanalysts to maintain the confidentiality of patient information they learn as part of their practice. Such information may be released if there is a clear and imminent danger to a patient or the public, there is probable cause that a potential victim of a patient is in danger or such a release is otherwise mandated by law. The rule provides standards for maintaining confidentiality when a patient dies. A State-certified psychoanalyst may reveal personal information with the consent of a patient, as long as the patient's identity is disguised. A State-certified psychoanalyst is permitted to share confidential communications in a non-public forum, if the source of the communication, and other persons involved in the communication, have given express permission. The identity of a research subject may only be revealed if the subject has given his or her permission.

Subchapter 7 sets forth general requirements for practice. Proposed new N.J.A.C. 13:42A-7.1 requires State-certified psychoanalysts to display their certificates in every location where they practice.

Proposed new N.J.A.C. 13:42A-7.2 requires State-certified psychoanalysts to notify the Committee of changes in addresses on file with the Committee.

Proposed new N.J.A.C. 13:42A-7.3 requires State-certified psychoanalysts to report misconduct of other State-certified psychoanalysts to the Committee. The rule provides an exemption when information regarding misconduct is discovered in the course of treating the other State-certified psychoanalyst.

Proposed new N.J.A.C. 13:42A-7.4 requires State-certified psychoanalysts to obtain supervision if they do not have the training, experience or education to provide treatment for a specific case.

Under proposed new N.J.A.C. 13:42A-7.5, State-certified psychoanalysts are required to inform patients of the financial arrangements for psychoanalytical services and to provide a statement of services to a patient, or the patient's designated insurance carrier, upon request.

Proposed new N.J.A.C. 13:42A-7.6 prohibits a State-certified psychoanalyst from referring a patient to a person or entity in which the State-certified psychoanalyst has a financial interest unless the State-certified psychoanalyst discloses his or her interest and provides an alternative referral source. The rule prohibits a State-certified psychoanalyst from entering into or continuing a treating relationship in which he or she has a 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 is also prohibited.

Proposed new N.J.A.C. 13:42A-7.7 prohibits a State-certified psychoanalyst from paying, offering to pay or receiving a fee for the referral of a patient. The rule allows a State-certified psychoanalyst to pay a flat fee for advertising, pay a flat fee for placement on a commercially sponsored "referral list" of health care providers or contribute a fee to a professionally sponsored referral service. A State-certified psychoanalyst may not divide fees for professional services other than among health care professionals engaged in a partnership, professional service corporation, limited liability company or limited liability partnership. A State-certified psychoanalyst may not divide fees for professional services with a State-certified psychoanalyst practicing as an independent contractor. The rule allows a State-certified psychoanalyst to charge a flat fee to an independent contractor to cover expenses.

Proposed new N.J.A.C. 13:42A-7.8 addresses sexual misconduct. The rule prohibits State-certified psychoanalysts from engaging in sexual contact with a current patient or a patient who was provided psychoanalytic services within the previous 24 months. The rule also prohibits sexual contact between a State-certified psychoanalyst and a current student, a research subject, a direct supervisee or direct supervisor. This prohibition extends indefinitely if the State-certified psychoanalyst recognizes that any of these individuals are clearly vulnerable by reason of emotional or cognitive disorder. State-certified psychoanalysts are prohibited from engaging in sexual harassment and from accepting a former sexual partner as a patient.

N.J.A.C. 13:42A-7.9 sets forth advertising requirements. A State-certified psychoanalyst is permitted to advertise, but any such advertisement must include the name of the State-certified psychoanalyst as registered with the Committee and the designation "State Certified Psychoanalyst" or "SCP" or "SCPsyA." The rule prohibits a State-certified psychoanalyst from making any statement which is false, fraudulent, misleading or deceptive with regard to the performance of professional services or accepted standards of professional practice. Under the rule, a State-certified psychoanalyst who is on inactive status is prohibited from holding himself or herself out to the public as a State-certified psychoanalyst.

N.J.A.C. 13:42A-7.10 is a proposed new rule that was not part of the original notice of proposal. This rule requires State-certified psychoanalysts to provide specific documentation to patients prior to providing an initial professional service. This documentation has to indicate the goals of therapy, the State-certified psychoanalyst's training and education and, if the State-certified psychoanalyst was educated in a specific psychoanalytic school of thought, a description of that school of thought.

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 will benefit individuals seeking State recognition that their education and experience prepared them to provide [page=1500] psychoanalysis services. 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 proposed new rules will have a positive social impact upon the public and consumers. The rules will protect the health, safety and welfare of the citizens of New Jersey by identifying those individuals who have met the education and experience standards to legally identify themselves as State-certified. The proposed new rules will also benefit those individuals who receive psychoanalytic services from State-certified psychoanalysts. By requiring State-certified psychoanalysts to complete continuing education, the new rules will help ensure that State-certified psychoanalysts are providing services consistent with the latest learning and are qualified and capable of performing such services.
 
Economic Impact
The proposed new rules impose costs on those who apply for certification as State-certified psychoanalysts and those who are certified. N.J.A.C. 13:42A-2.1 sets forth requirements for certification. The rule requires applicants to complete at least a master's degree. The cost of completing a master's degree ranges from $ 8,000 to $ 50,000 a year. The rule requires applicants to complete a psychoanalysis education program. Such programs can be as much as $ 10,000 or more. The rule also requires that applicants pass the certification examination. The fee for this examination is $ 175.00. The Director believes that the costs of completing the education requirements and the examination is outweighed by the benefit the public will receive from ensuring that State-certified psychoanalysts have the knowledge to safely and effectively practice psychoanalysis.

N.J.A.C. 13:42A-4.1 requires State-certified psychoanalysts to complete continuing education courses every biennial renewal period. The costs of these courses are set by the sponsors who offer them. The Director believes that the costs State-certified psychoanalysts incur in completing these courses are outweighed by the benefits State-certified psychoanalysts, and the patients who receive psychoanalytic services from these State-certified psychoanalysts, receive from continuously updating their competency through education.

N.J.A.C. 13:42A-5.1 requires State-certified psychoanalysts to recertify biennially with the Committee and pay the fee set out in N.J.A.C. 13:42A-1.5. These fees are charged in order for the Committee to be self-funding and in compliance with N.J.S.A. 45:1-3.2. N.J.A.C. 13:42A-6.1 requires State-certified psychoanalysts to maintain patient records. State-certified psychoanalysts will incur costs in maintaining these records, which will consist of the costs of time spent keeping these records up-to-date. These costs are outweighed by the benefit patients will receive from having records that accurately reflect their status, so that State-certified psychoanalysts are sufficiently prepared to provide psychoanalytic services to patients.
 
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed new rules.
 
Jobs Impact
The Director does not anticipate that the proposed new rules will increase or decrease the number of jobs in the State.
 
Agriculture Industry Impact
The Board does not believe that the proposed new rules will have any impact on the agriculture industry of this State.
 
Regulatory Flexibility Analysis
Since State-certified psychoanalysts will be individually certified by the Committee, under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.

The proposed new rules will have the same economic impact on small businesses as they do on all businesses as discussed in the Economic Impact above. The Director does not believe that State-certified psychoanalysts will need to employ professional services in order to comply with the proposed new rules. The proposed new rules impose compliance, recordkeeping and reporting requirements as detailed in the Summary above.

As the proposed new rules protect the health, safety and welfare of patients who receive psychoanalytic services from State-certified psychoanalysts, the Director believes that the proposed new rules must be applied uniformly to all State-certified psychoanalysts regardless of the size of the business.
 
Smart Growth Impact
The Board does not anticipate that the proposed new rules will have any impact on the achievement of smart growth or implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.
 
Housing Affordability Impact Analysis
The proposed new rules will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the new rules concern the certification and regulation of State-certified psychoanalysts.
 
Smart Growth Development Impact Analysis
The proposed new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the new rules concerns the certification and regulation of State-certified psychoanalysts.
 
Full text of the proposed new rules follows:
 
CHAPTER 42A
 
CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES
 
SUBCHAPTER 1.    GENERAL PROVISIONS
 
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.
 
13:42A-1.2   Definitions
 
The following words and terms, when used in this chapter, shall have the following meanings, 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, thoughts, 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 who holds a current, valid certification as a psychoanalyst issued by the Director or a designee.
 
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.njconsumeraffairs.gov/psyan/.
 
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 chapter. 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 inactive status.
 
[page=1501] 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.............. $ 275.00
 
ii. During the second year of a biennial renewal period........ $ 138.00
 
4. Biennial renewal fee......................................................... $ 275.00
 
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
 
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 United States 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 paragraph, the applicant shall:
 
i. Submit proof that the institution of higher education is accredited as defined in (a)3 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 certificate of graduation 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.
 
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 in N.J.A.C. 13:42A-2.1(a)4 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 certificate of graduation 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 that 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; and
 
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 that meets the requirements of N.J.A.C. 13:42A-2.1(a)4; and
 
iv. One hundred and fifty hours of supervision of psychoanalytic cases with a psychoanalyst who holds a certificate of graduation from a psychoanalytic institute that meets the requirements of N.J.A.C. 13:42A-2.1(a)4 and does not serve as the applicant's 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, a licensed rehabilitation counselor and a licensed clinical alcohol and drug counselor.
 
13:42A-2.3   Certification by endorsement
 
The Director or a designee shall 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 that has requirements for licensure, registration or certification equivalent to or higher than those required in this State for certification.
 
SUBCHAPTER 3.    EXAMINATION
 
13:42A-3.1   Examination
 
An applicant shall take and pass the examination to determine the applicant's appropriate competencies, qualifications and abilities to practice psychoanalysis, pursuant to the statute and rules in this chapter except as provided in N.J.A.C. 13:42A-2.2 or 2.3.
 
SUBCHAPTER 4.    CONTINUING EDUCATION
 
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.
 
13:42A-4.2   Credit requirements
 
(a) A State-certified psychoanalyst shall not be required to obtain continuing education credits during the biennial 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.
 
13:42A-4.3   Acceptable sources of continuing education; continuing education credits
 
(a) The following are acceptable sources of continuing education credits if directly related to the clinical and theoretical practice of psychoanalysis:
 
1. Credits granted by the following organizations for completing courses or programs:
 
i. Accredited psychoanalytic institutes;
 
ii. The National Association for the Advancement of Psychoanalysis;
 
iii. The Society of Modern Psychoanalysts;
 
iv. The American Psychoanalytic Association;
 
v. The American Group Psychotherapy Association;
 
vi. The Eastern Group Psychotherapy Society;
 
vii. The New Jersey Group Psychotherapy Association;
 
viii. Other national psychoanalytic associations;
 
ix. The National Board for Certified Counselors;
 
x. The American Counseling Association;
 
xi. The American Psychological Association;
 
[page=1502] xii. The American Psychiatric Association;
 
xiii. The National Association of Social Workers;
 
xiv. The American Association for Marriage and Family Therapy;
 
xv. The Commission on Rehabilitation Counselors Certification;
 
xvi. The American Orthopsychiatric Association;
 
xvii. The American Medical Association;
 
xviii. The American Nursing Association;
 
xix. The National Association of Alcoholism and Drug Abuse Counselors; and
 
xx. Any of the New Jersey State chapters and affiliates of the organizations or associations listed in (a)1i through xix above;
 
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 paragraph, "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.
 
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 written 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 certification, pursuant to N.J.S.A. 45:1-21.
 
13:42A-4.5   Waiver of continuing education requirements
 
(a) The Director may 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 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
 
13:42A-5.1   Certification renewal
 
(a) Certifications shall be renewed biennially upon a form provided by the Committee. Each applicant shall attest whether 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-1.5 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-1.5. 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.
 
13:42A-5.2   Change of status
 
Upon application to the Director, the Director 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.
 
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-1.5.
 
(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
 
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:
 
[page=1503] 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.
 
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 that 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.
 
1. 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:
 
i. The patient's attorney;
 
ii. Another psychoanalyst or other licensed health care professional; or
 
iii. The patient's health insurance carrier.
 
(f) Records maintained as confidential pursuant to N.J.A.C. 13:42A-6.1(b) 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 court 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 that 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 practitioner, the State-certified psychoanalyst shall not require that payment shall have been made 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.
 
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 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 interested parties, 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
 
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.
 
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.
 
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 that reasonably indicates [page=1504] that another State-certified psychoanalyst has demonstrated an impairment, gross incompetence, repeated acts of incompetence or professional misconduct that 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 the mandatory reporting of an abused child as defined in N.J.S.A. 9:6-8.10 et seq. and mandatory reporting required by the Health Care Professional Responsibility and Reporting Enhancement Act, N.J.S.A. 45:1-33 et seq.
 
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 practitioners. 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.
 
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.
 
13:42A-7.6   Conflicts of interest
 
(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; and
 
2. The State-certified psychoanalyst has provided an alternative referral.
 
(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.
 
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 providers; 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.
 
13:42A-7.8   Sexual misconduct
 
(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 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, 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 that 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.
 
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 [page=1505] 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.
 
13:42A-7.10   Informed consent
 
(a) Prior to providing an initial professional service to a patient, a State-certified psychoanalyst shall provide the patient with documentation indicating:
 
1. The goals of therapy;
 
2. The State-certified psychoanalyst's training and education; and
 
3. If the State-certified psychoanalyst was educated in a specific school of thought, such as modern or classical, a description of that school of thought.


 

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