VOLUME 47, ISSUE 18
September 21, 2015
Law and Public Safety
Division of Consumer Affairs
Certified Psychoanalysts Advisory Committee
Proposed Amendments: N.J.A.C. 13:42A-2.2 and 7.3
Requirements for Applicants Holding a Certificate of Graduation from a Nonaccredited Psychoanalytic Institute; Reporting of Conduct of Other State-certified Psychoanalysts
Authorized By: Steve C. Lee, Acting Director, Division of Consumer Affairs.
[page=2340] Authority: N.J.S.A. 45:14BB-12.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2015-118.
Submit comments by November 20, 2015, to:
Steve C. Lee, Acting Director
Division of Consumer Affairs
PO Box 45027
Newark, NJ 07101
The agency proposal follows:
N.J.A.C. 13:42A, which governs the certification and practice of State-certified psychoanalysts, was adopted on July 2, 2012. Many of the comments the Director of the Division of Consumer Affairs (Division) received regarding these rules raised concerns with N.J.A.C. 13:42A-2.2. That rule requires applicants who attended nonaccredited psychoanalytic institutes to hold a license in a mental health profession and to complete 300 hours of personal psychoanalysis with, and to provide 150 hours of psychoanalysis to, patients under the supervision of a psychoanalyst who has graduated from an accredited psychoanalytic institute. The commenters contended that nonaccredited psychoanalytic institutes typically do not have staff members who graduated from accredited institutes. These staff members therefore cannot provide personal psychoanalysis or supervise psychoanalysis to patients that meet the requirements of N.J.A.C. 13:42A-2.2. The commenters were concerned that the requirement that psychoanalysts be graduates of accredited institutes would essentially bar graduates from non-accredited institutes from obtaining State certification. The Director recognized the validity of these concerns and responded to the commenters by saying that amendments to N.J.A.C. 13:42A-2.2 would be proposed at a later date to ensure that graduates of non-accredited institutes would not be prevented from obtaining State certification.
The proposed amendments to N.J.A.C. 13:42A-2.2 permit applicants who graduated from nonaccredited schools to obtain personal psychoanalysis and supervision for their psychoanalytic cases from either psychoanalysts who are State-certified or psychoanalysts who have graduated from psychoanalytic institutes and hold licenses where the scope of practice includes the independent provision of psychotherapy.
N.J.A.C. 13:42A-7.3 requires a State-certified psychoanalyst to report to the Committee when he or she has information that reasonably indicates that another State-certified psychoanalyst has demonstrated an impairment, gross incompetence, repeated acts of incompetence, or professional misconduct that poses an imminent danger to a patient or to the public health, safety, or welfare. If a State-certified psychoanalyst obtained this information from a patient, he or she must obtain written permission from the patient prior to reporting the unlawful conduct. N.J.S.A. 45:1-33 et seq., the Health Care Professional Responsibility and Reporting Enhancement Act, requires a healthcare professional to report the misconduct of another healthcare professional. The Act provides an exemption when a healthcare professional obtains knowledge about another healthcare professional as a result of rendering treatment to that other healthcare professional. The Act does not provide an exemption when knowledge comes from a patient who was treated by the other healthcare professional, nor does it require written permission from that patient. The requirement for written patient permission in N.J.A.C. 13:42A-7.3 could result in a situation where, if a patient does not provide written permission, a State-certified psychoanalyst would be required to report by the Act but would be prohibited from reporting by regulation. In order to avoid this conflict, the Director proposes to delete the requirement for written patient permission in N.J.A.C. 13:42A-7.3.
As the Division 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.
The proposed amendments will benefit graduates of non-accredited psychoanalytic institutes who seek State certification. Such graduates will qualify for certification based on the personal psychoanalysis and supervision of psychoanalytic cases they completed during their psychoanalytic institute programs.
The proposed amendments will not have an economic impact.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.
The Director does not anticipate that the proposed amendments will increase or decrease the number of jobs in the State.
Agriculture Industry Impact
The Director does not believe that the proposed amendments will have any impact on the agriculture industry of this State.
Regulatory Flexibility Analysis
Since State certified psychoanalysts who will provide personal psychoanalysis or supervision of psychoanalytic cases are individually certified by the Committee, under the Regulatory Flexibility Act (Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.
The Committee does not believe that State certified psychoanalysts will need to employ professional services in order to comply with the proposed amendments. The proposed amendments will not impose any recordkeeping or reporting requirements, but will impose compliance requirements as detailed in the Summary above.
As the proposed amendments help to ensure that the State certified psychoanalysts who are providing personal psychoanalysis or are supervising psychoanalytic cases are properly prepared to provide these services, the Committee believes that the proposed amendments must be applied uniformly to all State certified psychoanalysts regardless of the size of the business.
Housing Affordability Impact Analysis
The proposed amendments will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the rule would evoke a change in the average costs associated with housing because the proposed amendments concern qualification standards for State-certified psychoanalysts.
Smart Growth Development Impact Analysis
The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rule 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 proposed amendments concern qualification standards for State-certified psychoanalysts.
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
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. (No change.)
2. Documented clinical training and work experience from a psychoanalytic institute, which requires at a minimum:
i.-ii. (No change.)
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] meets the requirements of (b) below; 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 and who meets the requirements of (b) below, of which 50 hours shall be [page=2341] 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. (No change.)
(b) In order to provide personal psychoanalysis or supervision of psychoanalytic cases pursuant to (a) above, a psychoanalyst shall be:
1. A State-certified psychoanalyst; or
2. A graduate of a psychoanalytic institute and the holder of a license from a professional board in a profession for which the scope of practice includes the independent provision of psychotherapy.
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 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)-(c) (No change.)