N.J. Admin. Code § 13:42-10.7

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

Section 13:42-10.7 - Reporting of violations of other licensees

(a) A licensee shall promptly notify the Board when in possession of information which reasonably indicates that another licensee has demonstrated an impairment, gross incompetence, repeated acts of incompetence or professional misconduct which would present an imminent danger to a client or to the public health, safety or welfare.

(b) Notwithstanding the provisions of (a) above, when a licensee in the course of a professional relationship with a client who is not a licensee of the Board obtains information from the client about another licensee's suspected unlawful conduct, the licensee shall report the information only with the written permission of the client or authorized representative.

(c) Notwithstanding the requirements of (a) above, a licensee who acquires knowledge of impairment, gross incompetence, repeated acts of incompetence or professional misconduct in the course of treating a client-psychologist or an individual exempt from licensure pursuant to N.J.A.C. 13:42-1.3 and N.J.S.A. 45:14B-8 shall not be obligated to notify the Board if:

1. The treating psychologist reasonably believes that the improper conduct has ceased and that the treatment is preventing a recurrence of the impairment, incompetence or professional misconduct; or

2. The treating psychologist has reasonable cause to believe that the incompetent psychologist or exempt professional is currently receiving professional supervisory and educational measures which are reasonably likely to protect clients against gross incompetence.

(d) A licensee acquiring privileged information of drug or alcohol abuse in the course of treating a client-psychologist or exempt professional in a substance abuse treatment program governed by Federal law shall, as required by Federal law, first obtain authorization for release of such information from a court of competent jurisdiction or shall obtain the client's written consent to release the information.

(e) A licensee is not exempt from reporting any information otherwise mandated by law, such as, but not limited to, P.L. 1974, c.119, reporting of an abused child as defined in N.J.S.A. 9:6-8.8 et seq.

N.J. Admin. Code § 13:42-10.7

Amended by R.2004 d.140, effective 4/5/2004.
See: 35 New Jersey Register 5039(a), 36 New Jersey Register 1815(a).
Rewrote the section.