N.J. Admin. Code § 13:34-7.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:34-7.1 - Misconduct defined

(a) Professional or occupational misconduct in the practice of marriage and family therapy by persons licensed by the State Board of Marriage and Family Therapy Examiners shall include, but not be limited to, the following:

1. Willful or grossly negligent failure to comply with Federal, State or local laws, rules or regulations governing the practice of the profession.

2. Failing to respond within 30 days, or in a time period specified by the Board, to written communications from the Board of Marriage and Family Therapy Examiners and make available any relevant records with respect to an inquiry or complaint.

i. The period in (a)2 above shall commence on the date when such communication was sent from the Board by registered or certified mail, with return receipt requested, to the address of record, as defined at N.J.A.C. 13:34-1.8(d).

3. Failing to maintain a record for each client, which accurately reflects the client contact with the practitioner.

i. Unless otherwise provided by law, all client records must be retained for at least seven years.

ii. If a licensee ceases to engage in practice or it is anticipated that he or she will remain out of practice for more than three months, the licensee or designee shall, consistent with the requirements of N.J.A.C. 13:34-8:

(1) Establish a procedure by which clients can obtain their records or acquiesce in the transfer of those records to another licensee or health care professional who is assuming the responsibilities of that practice;

(2) Publish a notice of the practice cessation and the established procedure for the retrieval of records in a newspaper of general circulation in the geographic location of the licensee's practice, at least once each month for the first three months after the cessation; and

(3) Make reasonable efforts to directly notify any client treated during the six months preceding the cessation, providing information concerning the established procedure for record retrieval.

4. Failing to exercise appropriate supervision over persons who are authorized to practice only under the supervision of the licensed marriage and family therapist. For purposes of this paragraph, failing to exercise appropriate supervision shall include failing to ensure compliance with the requirements of (a)3 above.

5. Failing to make available to a client, the client's guardian, or authorized representative, or, upon a client's request, copies of reports or test records relating to the client that are in the possession or under the control of the licensee, or failing to complete forms or reports required for the reimbursement of a client by a third party.

i. Reasonable fees may be charged for such copies, forms or reports, but prior payment for the professional services to which such records relate shall not be required as a condition for making such records available.

ii. A practitioner may withhold information from a client if he or she believes release of such information would adversely affect the client's mental or psychological health.

iii. This paragraph shall not require release to the parent or guardian of a minor of records or information relating to sexually transmitted disease, abortion, or treatment considered confidential information in accordance with N.J.S.A. 9:17A-4, except with the minor's consent.

6. Ordering of excessive tests, treatment, or use of treatment facilities not warranted by the condition of the client.

7. Using the word "Doctor" or otherwise misleading designation in offering to perform professional services when such title or designation has not been earned at an accredited educational institution or is not one which is recognized by the New Jersey State Board of Education.

8. Guaranteeing that satisfaction or a cure will result from the performance of professional services.

9. Claiming or using any secret or special method of treatment and/or diagnostic technique which the licensee refuses to divulge to the Board.

10. Failing to notify the Board of Marriage and Family Therapy Examiners in writing of any change of address or name from that currently registered with the Board and shown on the most recently issued license.

i. Such notice shall be given not later than 30 days following the change of address or name.

N.J. Admin. Code § 13:34-7.1

Recodified from 13:34-2.1 by 49 N.J.R. 655(a), effective 4/3/2017

Amended by 52 N.J.R. 529(a), effective 3/16/2020