New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS
Subchapter 7 - PROFESSIONAL MISCONDUCT
Section 13:34-7.1 - Misconduct defined
Universal Citation: NJ Admin Code 13:34-7.1
Current through Register Vol. 56, No. 18, September 16, 2024
(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.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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