New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 34D - ART THERAPISTS ADVISORY COMMITTEE
Subchapter 6 - PROFESSIONAL MISCONDUCT
Section 13:34D-6.9 - Misconduct defined
Universal Citation: NJ Admin Code 13:34D-6.9
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Professional or occupational misconduct in the practice of art therapy by persons licensed by the Art Therapists Advisory Committee 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 to written communications from the Art
Therapists Advisory Committee and make available any relevant records with respect to an inquiry or complaint
about the licensee's unprofessional conduct.
i. The period of 30 days shall
commence on the date when such communication was sent from the Committee by registered or certified mail,
with return receipt requested, to the address of record;
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; and
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. 13:34D-5.7:
(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 professional art therapist;
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; and
iii. This paragraph shall not require release to the parent or guardian of
a minor of records or information relating to sexually transmitted disease or abortion, except with the
minor's consent;
6. Ordering excessive 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 that 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 that the licensee refuses to
divulge to the Committee; and
10. Failing to notify the Art
Therapists Advisory Committee in writing of any change of address or name from that currently registered with
the Committee and shown on the most recently issued license.
i. Such notice
shall be given not later than 30 days following the change of address of record 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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