New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS
Subchapter 1 - SCOPE OF PRACTICE; PERSONS REQUIRING LICENSURE; EXEMPTIONS FROM LICENSURE; UNLICENSED PRACTICE
Section 13:42-1.3 - Employment by a nonprofit bona fide community organization; exemption from licensure
Current through Register Vol. 56, No. 6, March 18, 2024
(a) Pursuant to 45:14B-6(a)3, an employee of a nonprofit organization which is a bona fide community agency supported wholly or in major part by public funds who, as part of his or her duties as an employee, does or performs psychological services is exempted from licensure provided the employee is under the direct supervision of a licensed practicing psychologist. For purposes of this section, "direct supervision" shall mean acts performed at a nonprofit bona fide community organization wherein he or she is constantly accessible, either on-site or through electronic communication, and available to render assistance when required and that the licensee shall retain full professional responsibility for client care and treatment.
(b) For purposes of this section, the term "public funds" shall not mean payments by Medicare or Medicaid or other public or private insurance fund on behalf of an individual client to an individual provider (directly or through a professional service corporation) licensed by the Board.
(c) For purposes of this section, the term "non-profit bona fide community organization" shall mean:
(d) Examples of organizations which may be considered bona fide non-profit community organizations under the definition set forth in (c)2 above include private or public non-psychiatric hospitals which are licensed by the New Jersey State Department of Health to provide health and medical care to the general public and which have a designated psychiatric unit.
(e) At the time employment of the employee, who as part of his or her duties as an employee does or performs psychological services, commences, the exempt entity or exempt practitioner shall submit to the Board a notice specifying the following information:
(f) The exempt entity may submit notice on behalf of the employee(s), and a single annual notice in January of each year shall suffice to retain the exemption for that year. The exempt entity shall update the notice as necessary, and the Board will acknowledge receipt of each notice.
(g) Exemption shall be conditioned upon the employing organization continuing to meet the criteria of this section and 45:14B-6 as it may be affected by other applicable law.
(h) An unlicensed employee who as part of his or her duties as an employee does or performs psychological services shall not identify him- or herself, or be identified by others, as a psychologist.