N.J. Admin. Code § 13:42B-2.3

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

Section 13:42B-2.3 - Licensure by reciprocity

(a) Upon receipt of a completed application and application fee, the Board shall issue a license to any person who documents that he or she holds a valid, current corresponding license in good standing issued by another state, if:

1. The Board determines that the state that issued the license has or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to the current Board standards;

2. The applicant has been practicing as an applied behavior analyst or assistant applied behavior analyst for a period of at least two years within the five years prior to the date of application; and

3. The requirements at (b) below are satisfied.

(b) Prior to the issuance of the license, the Board shall have received:

1. Documentation that the applicant's license in the other state is in good standing; and

2. Designation of an agent in New Jersey for service of process if the applicant is not a New Jersey resident and does not have an office in New Jersey.

(c) For purposes of this section, "good standing" means that:

1. No action has been taken against the applicant's license by any licensing board;

2. No action adversely affecting the applicant's privileges to practice applied behavior analysis has been taken by any out-of-State institution, organization, or employer;

3. No disciplinary proceeding is pending that could affect the applicant's privileges to practice applied behavior analysis;

4. All fines levied by any out-of-State board have been paid; and

5. The applicant has not been convicted of, or engaged in acts constituting, a crime or offense that has a direct or substantial relationship to activities regulated by the Board or is of a nature such that issuing a license to the applicant would be inconsistent with the public's health, safety, or welfare.

(d) For purposes of this section, a "substantially equivalent" examination need not be identical to the current examination requirements of this State, but such examination shall be nationally recognized and of comparable scope and rigor.

(e) The Board, after the licensee has been given notice and an opportunity to be heard, may revoke any license based on a license issued by another state obtained through fraud, deception, or misrepresentation.

(f) An applicant shall complete the jurisprudence on-line orientation.

(g) The Board may grant a license without examination to an applicant seeking reciprocity who holds a corresponding license from another state who does not meet the good standing requirement at (a) above due to a pending action by a licensing board, a pending action by an out-of-State institution, organization, or employer affecting the applicant's privileges to practice, a pending disciplinary proceeding, or a pending criminal charge or arrest for a crime, provided the alleged conduct of the applicant that is the subject of the action, proceeding, charge, or arrest does not have a direct or substantial relationship to the practice of applied behavior analysis or is of a nature such that certification, registration, or licensure of the person would be inconsistent with the public's health, safety, or welfare.

N.J. Admin. Code § 13:42B-2.3

Adopted by 56 N.J.R. 782(a) effective 5/6/2024