N.J. Admin. Code § 13:34C-1.9

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:34C-1.9 - Suspension, revocation, or refusal of licensure or certification

(a) If an applicant or holder of a license or certificate affirmatively demonstrates rehabilitation by clear and convincing evidence, the Board, upon recommendation by the Committee, shall admit the applicant to an examination and shall issue a license or certificate to the holder provided the other requirements of licensure or certification have been met. In determining whether a person has affirmatively demonstrated rehabilitation, the Committee shall consider the following factors:

1. The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;

2. The nature and seriousness of the offense;

3. The circumstances under which the offense occurred;

4. The date of the offense;

5. The age of the person when the offense was committed;

6. Whether the offense was an isolated or repeated incident;

7. Any social conditions which may have contributed to the offense; and

8. Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, drug free periods, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have supervised the person, or restitution or any fines being paid.

(b) In accordance with N.J.S.A. 45:1-21, the Committee may refuse to admit a person to an examination or may refuse to issue or may suspend or revoke any certificate or license issued by the Board upon proof that the applicant or holder of such certificate or license:

1. Has obtained a certificate, license or authorization to sit for an examination, as the case may be, through fraud, deception, or misrepresentation;

2. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;

3. Has engaged in gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property or any person;

4. Has engaged in repeated acts of negligence, malpractice or incompetence;

5. Has engaged in professional or occupational misconduct including, but not limited to, the following:

i. Offering to perform or performing services that are beyond the licensee or certificate holder's education, training, or experience;

ii. Diagnosing or treating non-substance related mental illness or mental disease;

iii. Reporting distorted, erroneous or misleading alcohol or drug abuse counseling information;

iv. Taking credit for work not personally performed;

v. Acting as a sponsor of any client, patient, supervisee, or student of the alcohol and drug abuse counselor who participates in a self-help group;

vi. Engaging in a dual relationship, which could result in a conflict of boundaries and/or exercising undue influence over any client or patient of the alcohol and drug abuse counselor;

vii. Treating any client, patient, student, supervisee or colleague in an abusive manner;

viii. Discriminating against any client, patient, student, supervisee or colleague on the basis of color, race, gender, religion, national origin, ancestry, age, disability or sexual orientation;

ix. Failing to inform any client or patient of any financial benefits that might accrue to the alcohol and drug abuse counselor from referral to any other service or from the use of any tests, books or apparatus or failing to offer any meaningful choice of other treatment providers, where available;

x. Directly or indirectly offering, giving, soliciting, receiving, or agreeing to receive any fee or other consideration of more than nominal (negligible) value to or from a third party for the referral of a client or patient or in connection with the performance of professional services;

xi. Permitting any person to share in the fees for professional services, other than a partner, employee, an associate in a professional firm or a consultant authorized to practice the same profession or in a closely allied profession;

xii. Failing to terminate the alcohol and drug abuse counseling relationship when it is apparent that the relationship no longer serves the needs of the client or patient;

xiii. Providing counseling services while using alcoholic beverages or illegally using controlled dangerous substances; or

xiv. Altering any records in a manner not authorized pursuant to N.J.A.C. 13:34C-4.1(e);

6. Has been convicted of, or engaged in acts constituting, any crime or offense involving moral turpitude or relating adversely to alcohol and drug counseling. For the purposes of this subsection a judgment of conviction or a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction;

7. Has had the authority to engage in alcohol and drug counseling revoked or suspended by any other State agency or authority for reasons consistent with this section;

8. Has violated or failed to comply with the provisions of any act or regulation administered by the Committee;

9. Is incapable for medical or any other good cause, of discharging the functions of a licensee or certificate holder in a manner consistent with the public's health, safety and welfare;

10. Has violated any provision of P.L. 1983, c.320 (C.17:33A-1 et seq.) or any insurance fraud prevention law or act of another jurisdiction or has been adjudicated, in civil or administrative proceedings, of a violation of P.L. 1983, c.320 (C.17:33A-1 et seq.) or has been subject to a final order, entered in civil or administrative proceedings, that imposed civil penalties under that act against the applicant or holder;

11. Is presently engaged in drug or alcohol use that is likely to impair the ability to practice the profession or occupation with reasonable skill and safety. For purposes of this subsection, the term "presently" means at this time or any time within the previous 365 days;

12. Has permitted an unlicensed person or entity to perform an act for which a license or certification is required by the Committee, or aided and abetted an unlicensed person or entity in performing such an act; or

13. Advertised fraudulently in any manner.

N.J. Admin. Code § 13:34C-1.9

Recodified from 13:34C-1.8 by 49 N.J.R. 664(a), effective 4/3/2017