Attachment 9 - New Jersey Administrative Code Title 13 Law And Public Safety Chapter 34C Alcohol And Drug Counselor Committee 6.30.25.pdf

ALCOHOL & DRUG COUNSELOR COMMITTEE LAW AND PUBLIC SAFETY

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N E W J E R S E Y A D M I N I S T R AT I V E C O D E

T I T L E 1 3 L A W A N D P U B L I C S A F E T Y

C H A P T E R 3 4 C A L C O H O L A N D D R U G C O U N S E L O R

C O M M I T T E E

ATTACHMENT 9 - NEW JERSEY ADMINISTRATIVE CODE TITLE 13 LAW AND PUBLIC

SAFETY CHAPTER 34C ALCOHOL AND DRUG COUNSELOR COMMITTEE

25DPP01102 T1464 Substance Abuse Services

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C H A P T E R TA B L E O F C O N T E N T S

SUBCHAPTER 1. GENERAL PROVISIONS

13:34C-1.1 Purpose and scope 13:34C-1.2 Definitions 13:34C-1.3 Office of the Alcohol and Drug Counselor Committee 13:34C-1.4 Notification of address; service of process 13:34C-1.5 License or certification renewal 13:34C-1.6 License or certification reactivation 13:34C-1.7 License or certification reinstatement 13:34C-1.8 Licensee to display notice or give notice; licensee to display license 13:34C-1.9 Suspension, revocation or refusal of licensure or certification 13:34C-1.10 Licensure or certification of persons licensed or certified in another jurisdiction 13:34C-1.11 Fee schedule

SUBCHAPTER 2. APPLICATION PROCEDURE; APPLICANT QUALIFICATIONS

13:34C-2.1 (Reserved) 13:34C-2.2 Application procedure: licensed clinical alcohol and drug counselor 13:34C-2.3 Application procedure: certified alcohol and drug counselor 13:34C-2.4 Licensure: health care provider licensed by the State 13:34C-2.5 Qualification review process: licensure and certification 13:34C-2.6 Exceptions to licensure and certification 13:34C-2.7 Credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces: licensed clinical alcohol and drug counselor 13:34C-2.8 Credit towards certification for education, training, and experience received while serving as a member of the Armed Forces: certified alcohol and drug counselor

SUBCHAPTER 3. GENERAL OBLIGATIONS

13:34C-3.1 Standards of practice; scope of practice 13:34C-3.2 Professional conduct 13:34C-3.3 Sexual misconduct and harassment 13:34C-3.4 Duty to report

SUBCHAPTER 4. CLIENT RECORDS; CONFIDENTIALITY

13:34C-4.1 Preparation and maintenance of client records 13:34C-4.2 Use of computer to prepare client records 13:34C-4.3 Access to copy of client record 13:34C-4.4 Access by a managed health care plan to information in client record

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13:34C-4.5 Confidentiality

SUBCHAPTER 5. CONTINUING EDUCATION

13:34C-5.1 Continuing education requirements 13:34C-5.2 Continuing education contact hour requirements 13:34C-5.3 Continuing education contact hour calculations 13:34C-5.4 Approval of continuing education courses and/or programs 13:34C-5.5 Documentation of continuing education 13:34C-5.6 Waiver of continuing education

SUBCHAPTER 6. CLINICAL SUPERVISION

13:34C-6.1 Definitions 13:34C-6.2 Clinical supervision of alcohol and drug counselor internship training experiences 13:34C-6.2A Clinical supervision of credentialed interns who hold an active license as a health care provider 13:34C-6.3 Clinical supervision of a supervised practice for certified alcohol and drug counselors 13:34C-6.4 Clinical supervision of an agency practice

SUBCHAPTER 7. TELEMEDICINE AND TELEHEALTH

13:34C-7.1 Purpose and scope 13:34C-7.2 Definitions 13:34C-7.3 Standard of care 13:34C-7.4 Licensee-client relationship 13:34C-7.5 Provision of alcohol and drug counseling through telemedicine or telehealth 13:34C-7.6 Records 13:34C-7.7 Prevention of fraud and abuse 13:34C-7.8 Privacy and notice to clients

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SUBCHAPTER 1.

GENERAL PROVISIONS

13:34C-1.1 PURPOSE AND SCOPE

a) The rules in this chapter implement the provisions of P.L. 1997, c.331, N.J.S.A. 45:2D-1 et seq., The Alcohol and Drug Counselor Licensing and Certification Act.

b) This chapter shall apply to all persons presently practicing, those seeking to practice and those seeking licensure or certification to engage in alcohol and drug counseling services in the State of New Jersey.

13:34C-1.2 DEFINITIONS

a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Accredited institution of higher education" means an educational institution that has been awarded accreditation by at least one of the following; the Middle States Association of Colleges and Schools, New England Association of Schools and Colleges, North Central Association of Schools and Colleges, Northwest Association of Schools and Colleges, Southern Association of Schools and Colleges, Western Association of Schools and Colleges or the World Education Service for a degree earned through an institution that is not in the United States.

"Act" means the Alcohol and Drug Counselor Licensing and Certification Act, P.L. 1997, c.331 (N.J.S.A. 45:2D-1 et seq.)

"Addiction Professionals Certification Board of New Jersey, Inc., (APCBNJ)" previously known as the Alcohol and Drug Counselor Certification Board of New Jersey, means the member of the International Certification Reciprocity Consortium (ICRC) of Alcohol and Other Drug Abuse, Inc. which certified alcohol and drug counselors in the State of New Jersey up to the effective date of these regulations.

"Address of record" means an address designated by a licensee or certificate holder, which is part of the licensee's or certificate holder's record and which will be disclosed to the public. "Address of record" may be a licensee's or certificate holder's home, business or mailing address, but shall not be a post office box, unless the licensee also provides another address that includes a street, city, state, and zip code.

"Assessment" means those procedures which identify and evaluate a client's strengths, weaknesses, problems and needs for the development of a treatment plan to address the

Chapter 34C Page 5 of 62 Last Revision Date: 02/22/2022 extent to which alcohol or drug use has interfered with the client's ability to function in the major life areas including, but not limited to, physical health, vocational development, social adaptations, legal involvement and psychological functioning.

"Board" means the State Board of Marriage and Family Therapy Examiners established pursuant to N.J.S.A. 45:8B-1 et seq.

"Case management" means activities which bring services, agencies, resources, or people together within a planned framework of action toward the achievement of established goals.

"Certificate holder" means an individual who is certified by the State Board of Marriage and Family Therapy Examiners as a Certified Alcohol and Drug Counselor.

"Certified alcohol and drug counselor (CADC)" means a person who holds a current, valid certificate issued by the State Board of Marriage and Family Therapy Examiners, as recommended by the Alcohol and Drug Committee, pursuant to N.J.S.A. 45:2D-5 and N.J.A.C. 13:34C-2.3. Under the grandfathering provision set forth at N.J.S.A. 45:2D-16, "certified alcohol and drug counselor" also means a person who held a certificate granted by the Addiction Professionals Certification Board of New Jersey, Inc. prior to the effective date of these regulations.

"Client education" means the provision of information to individuals and groups concerning alcohol and other drug abuse and the available treatment and prevention services.

"Committee" means the Alcohol and Drug Counselor Committee of the State Board of Marriage and Family Therapy Examiners established as a Committee pursuant to N.J.S.A.

45:2D-12.

"Consultation" means conferring with in-house staff or outside professionals to assure comprehensive, quality care for a client.

"Counseling" means the utilization of special skills to assist individuals, families, significant others, or groups in achieving an objective through exploration of a problem and its ramifications; examination of attitudes and feelings; consideration of alternative solutions;

decision making; and recovery maintenance.

"Counseling related areas" include educational psychology, guidance and counseling, human development, marriage and family therapy, psychiatric nursing, pastoral counseling, psychology, social work or educational specialist or post master's degree.

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"Crisis intervention" means the provision of services which respond to an alcohol and/or other drug abuser's needs during acute emotional and/or physical distress.

"Department" means the Department of Law and Public Safety.

"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

"Effective date" for purposes of N.J.S.A. 45:2D-16 means March 15, 2004.

"Enactment date" means January 9, 1998.

"Health care provider" includes, a New Jersey licensed individual who is permitted, without supervision, to diagnose and/or treat within the licensee's scope of practice, such as a licensed clinical alcohol and drug counselor, a licensed physician, a certified advanced practice nurse, a licensed psychologist, a licensed clinical social worker, a licensed marriage and family therapist or a licensed professional counselor.

"ICRC member board" means a certification authority that is a member of the International Certification Reciprocity Consortium (ICRC) of Alcohol and Other Drug Abuse, Inc.

"Intake" means the administrative and initial assessment procedures for entry into treatment.

"Licensed clinical alcohol and drug counselor (LCADC)" means a person who holds a current, valid license issued pursuant to N.J.S.A. 45:2D-4 and 45:2D-16 and N.J.A.C.

13:34C-2.2 and 2.1(c).

"Licensee" means an individual who is licensed by the New Jersey State Board of Marriage and Family Therapy Examiners, as recommended by the Alcohol and Drug Committee, as a licensed clinical alcohol and drug counselor.

"Orientation" means describing to a client the general nature and goals of the drug and alcohol treatment services offered.

"Recordkeeping" means charting the results of an assessment and treatment plan, writing reports, progress notes, discharge summaries and other client-related data.

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"Referral" means identifying the needs of a client that cannot be met by the drug and alcohol counselor or agency and/or assisting the client to utilize the support systems and community resources available.

"Screening" means the process by which a client is determined to be both appropriate and eligible for drug and alcohol treatment services.

"Self-help group" means a voluntary group of persons who offer peer support to each other in recovering from an alcohol and drug addiction, including, but not limited to, groups such as Alcoholics Anonymous (AA), Narcotics Anonymous (NA), Adult Children of Alcoholics (ACOA), Alanon and Naranon.

"Significant other" means an individual who is not related by blood or marriage, who can influence the client in a way that can impact the therapeutic intervention, success of recovery or treatment of the client. Examples include, but are not limited to, civil union partners, employers, teachers, friends, co-workers or probation/parole officers.

"Sponsor" means a mentor in a 12-step, self-help group, who is in a non-clinical, unpaid relationship with other 12-step members.

"Treatment planning" means the process by which a counselor and a client identify and rank problems which require resolution; establish agreed upon immediate and long-term goals, including time frames; and decide upon a treatment process and the resources to be utilized.

b) Definitions of words and terms related to clinical supervision are set forth in N.J.A.C. 13:34C- 6.1.

13:34C-1.3 OFFICE OF THE ALCOHOL AND DRUG COUNSELOR COMMITTEE

The office of the Committee shall be maintained at 124 Halsey Street, Newark, New Jersey.

The mailing address of the Committee is PO Box 45040, Newark, New Jersey 07101. The website of the Committee is www.njconsumeraffairs.gov/adc.

13:34C-1.4 NOTIFICATION OF ADDRESS; SERVICE OF PROCESS

a) A licensee or certificate holder shall file and maintain with the Committee an address of record, as defined in N.J.A.C. 13:34C-1.2. A licensee or certificate holder shall notify the Committee in writing of any change from the address registered with the Committee and shown on the most recently issued renewal certificate. Such notice shall be sent to the Committee by certified mail, return receipt requested, no later than 30 days following the

Chapter 34C Page 8 of 62 Last Revision Date: 02/22/2022 change of address. Failure to notify the Committee of any change of address may result in disciplinary action in accordance with N.J.S.A. 45:1-21(h).

b) Service, by mail or any other delivery, of an administrative complaint or other process initiated by the Board, Committee, the Attorney General, or the Division of Consumer Affairs at the address of the licensee or certificate holder which is on file with the Committee shall be deemed adequate notice for the purposes of N.J.A.C. 1:1-7.1 and the commencement of any disciplinary proceeding.

13:34C-1.5 LICENSE OR CERTIFICATION RENEWAL

a) The Committee shall send a notice of renewal to each licensee or certificate holder, at least 60 days prior to the expiration of the license or certification. The notice of renewal shall explain inactive renewal and advise the licensee or certificate holder of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew, provided that the license or certification is renewed within 60 days from the date the notice is sent or within 30 days following the date of license or certification expiration, whichever is later.

b) A licensee or certificate holder shall renew his or her license or certification, as applicable, for a period of two years from the last expiration date. The licensee or certificate holder shall submit a renewal application to the Committee, along with the renewal fee set forth in N.J.A.C. 13:34C-1.11, prior to the date of license or certification expiration.

c) A licensee or certificate holder may renew his or her license or certification, as applicable, by choosing inactive status. A licensee or certificate holder electing to renew his or her license or certification as inactive shall not engage in the practice of alcohol and drug counseling, or hold himself or herself out as eligible to engage in the practice of alcohol and drug counseling, in New Jersey, until such time as the license or certification is returned to active status.

d) If a licensee or certificate holder does not renew the license or certification prior to its expiration date, the licensee or certificate holder may renew the license or certification within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth in N.J.A.C. 13:34C-1.11. During this 30-day period, the license or certification shall be valid and the licensee or certificate holder shall not be deemed practicing without a license or certification, as applicable.

e) A licensee or certificate holder who fails to submit a renewal application within 30 days of license or certification expiration shall have his or her license or certification, as applicable, suspended without a hearing.

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f) A licensee or certificate holder who continues to engage in the practice of alcohol and drug counseling with a suspended license or certification shall be deemed to be engaging in the unauthorized practice of alcohol and drug counseling and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.

13:34C-1.6 LICENSE OR CERTIFICATION REACTIVATION

a) A licensee or certificate holder who holds an inactive license or certification pursuant to N.J.A.C. 13:34C-1.5(c) may apply to the Committee for reactivation of the inactive license or certification. A licensee or certificate holder seeking reactivation of an inactive license or certification shall submit:

1) A renewal application;

2) A certification of employment listing each job held during the period the license or certification was inactive, which includes the name, address, and telephone number of each employer;

3) The renewal fee for the biennial period for which reactivation is sought as set forth in N.J.A.C. 13:34C-1.11.

i) If the renewal application is sent during the first year of the biennial period, the applicant shall submit the renewal fee as set forth in N.J.A.C. 13:34C-1.11.

ii) If the renewal application is sent during the second year of the biennial period, the applicant shall submit one-half of the renewal fee as set forth in N.J.A.C. 13:34C- 1.11; and

4) Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reactivation is sought, consistent with the requirements set forth in N.J.A.C. 13:34C-5.1 and 5.2.

i) An applicant who holds a valid, current license or certification, as applicable, in good standing issued by another state to engage in the practice of alcohol and drug counseling and submits proof of having satisfied that state’s continuing education requirements for that license or certification shall be deemed to have satisfied the requirements of this paragraph. If the other state does not have any continuing education requirements, the requirements of this paragraph apply.

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ii) To the extent that specific courses are required to satisfy the continuing education requirement for, or are required to have been satisfied prior to, the biennial period for which reactivation is sought, the Committee will allow applicants to take the courses within 12 months following reactivation.

b) If a Committee review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reactivation, the Committee may require the applicant to submit to and successfully pass an examination or an assessment of skills, a refresher course, or other requirements as determined by the Committee prior to reactivation of the license or certification. If that examination or assessment identifies deficiencies or educational needs, the Committee may require the applicant, as a condition of reactivation of licensure, or certification to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations as the Committee determines is necessary to assure that the applicant practices with reasonable skill and safety. The Committee, in its discretion, may restore the license or certification subject to the applicant’s completion of the training within a period of time prescribed by the Committee following the restoration of the license or certification. In making its determination whether there are practice deficiencies requiring remediation, the Committee shall consider the following non-exhaustive issues:

1) Length of duration license or certification was inactive;

2) Employment history;

3) Professional history;

4) Disciplinary history and any action taken against the applicant’s license or certification by any licensing board;

5) Actions affecting the applicant’s privileges taken by any institution, organization, or employer related to the practice of alcohol and drug counseling or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;

6) Pending proceedings against a professional or occupational license or certification issued to the licensee or certificate holder by a professional board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and

7) Civil litigation related to the practice of alcohol and drug counseling or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

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13:34C-1.7 LICENSE OR CERTIFICATION REINSTATEMENT

a) A licensee or certificate holder who has had his or her license or certification suspended pursuant to N.J.A.C. 13:34C-1.5(e) may apply to the Committee for reinstatement. A licensee or certificate holder applying for reinstatement shall submit:

1) A reinstatement application;

2) A certification of employment listing each job held during the period of suspended license or certification, which includes the names, addresses, and telephone number of each employer;

3) The renewal fee for the biennial period for which reinstatement is sought;

4) The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought;

5) The reinstatement fee set forth in N.J.A.C. 13:34C-1.11; and

6) Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reinstatement is sought, consistent with the requirements set forth in N.J.A.C. 13:34C-5.1 and 5.2.

i) An applicant who holds a valid, current license or certification, as applicable, in good standing issued by another state to engage in the practice of alcohol and drug counseling and submits proof of having satisfied that state’s continuing education requirements for that license or certification, shall be deemed to have satisfied the requirements of this paragraph. If the other state does not have any continuing education requirements, the requirements of this paragraph apply.

ii) To the extent that specific courses are required to satisfy the continuing education requirement for, or are required to have been satisfied prior to, the biennial period for which reinstatement is sought, the Committee will allow applicants to take the courses within 12 months following reinstatement.

b) If a Committee review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement, the Committee may require the applicant to submit to and successfully pass an examination or an assessment of skills, a refresher course, or other requirements as determined by the Committee prior to reinstatement of the license or certification. If that examination or assessment identifies deficiencies or educational needs, the Committee may require the applicant, as a condition of reinstatement of licensure, to take and successfully complete any education or training or

Chapter 34C Page 12 of 62 Last Revision Date: 02/22/2022 to submit to any supervision, monitoring, or limitations as the Committee determines is necessary to assure that the applicant practices with reasonable skill and safety. The Committee, in its discretion, may restore the license or certification, as applicable, subject to the applicant’s completion of the training within a period of time prescribed by the Committee following the restoration of the license or certification. In making its determination whether there are practice deficiencies requiring remediation, the Committee shall consider the following non-exhaustive issues:

1) Length of duration license or certification was suspended;

2) Employment history;

3) Professional history;

4) Disciplinary history and any action taken against the applicant’s license by any licensing board;

5) Actions affecting the applicant’s privileges taken by any institution, organization, or employer related to the practice of alcohol and drug counseling or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;

6) Pending proceedings against a professional or occupational license or certification issued to the licensee or certificate holder by a professional board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and

7) Civil litigation related to the practice of alcohol and drug counseling or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

13:34C-1.8 LICENSEE TO DISPLAY NOTICE OR GIVE NOTICE; LICENSEE TO

DISPLAY LICENSE

a) All licensees, conducting independent practice, shall ensure that the following notice is either prominently displayed in a waiting room or other area where it will be visible to the licensee's clients or provided to the licensee's clients in writing:

"Alcohol and drug counselors are licensed by the Board of Marriage and Family Therapy Examiners, Alcohol and Drug Counselor Committee, an agency of the Division of Consumer Affairs. Any member of the consuming public having a complaint concerning the manner in which the alcohol and drug counseling practice is conducted or services are provided should notify the Alcohol and Drug Counselors Committee, PO Box 45040, 124 Halsey Street, Newark, New Jersey 07101, www.njconsumeraffairs.gov/adc, or the New Jersey Division of

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Consumer Affairs, Post Office Box 45027, 124 Halsey Street, Newark, New Jersey 07101, www.njconsumeraffairs.gov."

b) All licensees, conducting independent practice, shall conspicuously display their license issued by the Board in their primary office.

13:34C-1.9 SUSPENSION, REVOCATION OR REFUSAL OF LICENSURE OR

CERTIFICATION

a) If an applicant or holder of a license or certificate affirmatively demonstrates rehabilitation by clear and convincing evidence, the Board, upon recommendation by the Committee, shall admit the applicant to an examination and shall issue a license or certificate to the holder provided the other requirements of licensure or certification have been met. In determining whether a person has affirmatively demonstrated rehabilitation, the Committee shall consider the following factors:

1) The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;

2) The nature and seriousness of the offense;

3) The circumstances under which the offense occurred;

4) The date of the offense;

5) The age of the person when the offense was committed;

6) Whether the offense was an isolated or repeated incident;

7) Any social conditions which may have contributed to the offense; and

8) Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, drug free periods, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have supervised the person, or restitution or any fines being paid.

b) In accordance with N.J.S.A. 45:1-21, the Committee may refuse to admit a person to an examination or may refuse to issue or may suspend or revoke any certificate or license issued by the Board upon proof that the applicant or holder of such certificate or license:

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1) Has obtained a certificate, license or authorization to sit for an examination, as the case may be, through fraud, deception, or misrepresentation;

2) Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;

3) Has engaged in gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property or any person;

4) Has engaged in repeated acts of negligence, malpractice or incompetence;

5) Has engaged in professional or occupational misconduct including, but not limited to, the following:

i) Offering to perform or performing services that are beyond the licensee or certificate holder’s education, training, or experience;

ii) Diagnosing or treating non-substance related mental illness or mental disease;

iii) Reporting distorted, erroneous or misleading alcohol or drug abuse counseling information;

iv) Taking credit for work not personally performed;

v) Acting as a sponsor of any client, patient, supervisee, or student of the alcohol and drug abuse counselor who participates in a self-help group;

vi) Engaging in a dual relationship, which could result in a conflict of boundaries and/or exercising undue influence over any client or patient of the alcohol and drug abuse counselor;

vii) Treating any client, patient, student, supervisee or colleague in an abusive manner;

viii) Discriminating against any client, patient, student, supervisee or colleague on the basis of color, race, gender, religion, national origin, ancestry, age, disability or sexual orientation;

ix) Failing to inform any client or patient of any financial benefits that might accrue to the alcohol and drug abuse counselor from referral to any other service or from the use

Chapter 34C Page 15 of 62 Last Revision Date: 02/22/2022 of any tests, books or apparatus or failing to offer any meaningful choice of other treatment providers, where available;

x) Directly or indirectly offering, giving, soliciting, receiving, or agreeing to receive any fee or other consideration of more than nominal (negligible) value to or from a third party for the referral of a client or patient or in connection with the performance of professional services;

xi) Permitting any person to share in the fees for professional services, other than a partner, employee, an associate in a professional firm or a consultant authorized to practice the same profession or in a closely allied profession;

xii) Failing to terminate the alcohol and drug abuse counseling relationship when it is apparent that the relationship no longer serves the needs of the client or patient;

xiii) Providing counseling services while using alcoholic beverages or illegally using controlled dangerous substances; or

xiv) Altering any records in a manner not authorized pursuant to N.J.A.C. 13:34C-4.1(e);

6) Has been convicted of, or engaged in acts constituting, any crime or offense involving moral turpitude or relating adversely to alcohol and drug counseling. For the purposes of this subsection a judgment of conviction or a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction;

7) Has had the authority to engage in alcohol and drug counseling revoked or suspended by any other State agency or authority for reasons consistent with this section;

8) Has violated or failed to comply with the provisions of any act or regulation administered by the Committee;

9) Is incapable for medical or any other good cause, of discharging the functions of a licensee or certificate holder in a manner consistent with the public's health, safety and welfare;

10) Has violated any provision of P.L. 1983, c.320 (C.17:33A-1 et seq.) or any insurance fraud prevention law or act of another jurisdiction or has been adjudicated, in civil or administrative proceedings, of a violation of P.L. 1983, c.320 (C.17:33A-1 et seq.) or has been subject to a final order, entered in civil or administrative proceedings, that imposed civil penalties under that act against the applicant or holder;

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11) Is presently engaged in drug or alcohol use that is likely to impair the ability to practice the profession or occupation with reasonable skill and safety. For purposes of this subsection, the term "presently" means at this time or any time within the previous 365 days;

12) Has permitted an unlicensed person or entity to perform an act for which a license or certification is required by the Committee, or aided and abetted an unlicensed person or entity in performing such an act; or

13) Advertised fraudulently in any manner.

13:34C-1.10 LICENSURE OR CERTIFICATION OF PERSONS LICENSED OR

CERTIFIED IN ANOTHER JURISDICTION

The Board, upon recommendation by the Committee, may grant a license or certification to any person who at the time of application is licensed or certified by a governmental agency or other comparable recognized certifying authority located in another state, territory or jurisdiction, if in the opinion of the Committee, the requirements of that licensure or certification are substantially similar, at the time of initial certification or licensure, to requirements of the Act and this chapter.

13:34C-1.11 FEE SCHEDULE

a) The Committee shall charge the following fees:

1) Application fee .................................................................................................... $75.00

2) Initial license fee

i) If paid during the first year of a biennial renewal period ......................... $250.00

ii) If paid during the second year of a biennial renewal period ................... $125.00

3) Initial certification fee

i) If paid during the first year of a biennial renewal period ......................... $180.00

ii) If paid during the second year of a biennial renewal period ..................... $90.00

4) Certification of licensure or certification ........................................................... $25.00

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5) License renewal fee, biennial .......................................................................... $250.00

6) Certification renewal fee, biennial ................................................................... $180.00

7) Reinstatement fee ............................................................................................ $125.00

8) Late renewal fee ................................................................................................. $50.00

9) Replacement wall certificate .............................................................................. $40.00

10) Duplicate license or certification fee ................................................................. $25.00

SUBCHAPTER 2.

APPLICATION PROCEDURE; APPLICANT QUALIFICATIONS

13:34C-2.1 (RESERVED)

13:34C-2.2 APPLICATION PROCEDURE: LICENSED CLINICAL ALCOHOL AND

DRUG COUNSELOR

a) An applicant for licensure as a clinical alcohol and drug counselor shall submit the following to the Committee:

1) A completed application form, which contains information concerning the applicant's educational and experiential background;

2) The non-refundable application fee set forth in N.J.A.C. 13:34C-1.11;

3) An official transcript(s)/certificate(s) indicating that the applicant has satisfied the educational requirements as set forth in (b) below and N.J.A.C. 13:34C-2.3(b)1 and 4;

4) A supervisor's certification indicating that the applicant has met the supervision requirements for licensure as set forth in N.J.A.C. 13:34C-6; and

5) A Certification and Authorization Form for a Criminal History Background Check.

b) An applicant shall furnish evidence that the applicant has:

1) Received a master's degree in counseling from an accredited institution of higher education, as defined in N.J.A.C. 13:34C-1.2, or received a master's degree in an addictions or counseling related area which shall include a minimum of 18 graduate

Chapter 34C Page 18 of 62 Last Revision Date: 02/22/2022 semester hours in counseling from an accredited institution of higher education. The required 18 graduate semester hours for the master's degree in an addictions or counseling related area may include pre and post master's graduate semester hours and must be distributed among the following areas:

i) Counseling theory and practice, which includes the study of basic theories, principles and techniques of counseling and their application to professional counseling settings;

ii) The helping relationship, which includes studies that provide a broad understanding of philosophic bases of helping processes, basic and advanced helping skills, consultation theories and their applications, client and helper self-understanding and self-development, and facilitation or consultee change;

iii) Human growth and development and maladaptive behavior, which includes studies that provide a broad understanding of the nature and needs of individuals at all developmental levels, normal and abnormal behavior, personality theory, life-span theory, and learning theory within cultural contexts;

iv) Lifestyle and career development, which include studies that provide a broad understanding of career development theories, occupational and educational information sources and systems, career and leisure counseling, guidance and education, lifestyle and career decision-making, career development program planning, resources, and career option identification;

v) Group dynamics, processes, counseling and consulting, which include studies that provide a broad understanding of group development dynamics, group counseling theories, group leadership styles, basic and advanced group counseling methods and skills, and other group approaches;

vi) Assessment of individuals, which includes studies that provide a broad understanding of group and individual educational and psychometric theories and approaches to assessment, data and information gathering methods, validity and reliability, psychometric statistics, factors that influence assessment, use of assessment results in helping process and the specific ability to administer and interpret tests and inventories to assess abilities, interests, and identify career options;

vii) Social and cultural foundations, which include studies that provide a broad understanding of societal changes and trends, human roles, societal subgroups, social mores and interaction patterns, multicultural and pluralistic trends, differing lifestyles, and major societal concerns including stress, personal abuse, substance abuse, discrimination and methods of alleviating these concerns;

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viii) Research and evaluation, which include studies that provide a broad understanding of types of research, basic statistics, research-report development, research implementation, program evaluation, needs assessment, publication of research information and ethical and legal considerations;

ix) The counseling profession, which includes studies that provide a broad understanding of professional roles and functions, professional goals and objectives, professional organizations and associations, professional history and trends, ethical and legal standards, professional preparation standards and professional credentialing; and

x) Pharmacology and physiology, which includes topics related to physiology of alcohol/drug use, abuse, dependency and addiction; neurophysiology of chemical use; psychopharmacology; therapeutic and appropriate use of pharmaceutical drugs;

physical health and the use/abuse of drugs; psychiatric medications in the treatment of mental illness and dual diagnoses; appropriate use of prescribed medications for recovering chemically dependent clients/patients; treatment of chronic pain and clinical testing of body fluids and hair; and

2) Successfully completed the following requirements to be a certified alcohol and drug counselor consistent with the requirements of N.J.A.C. 13:34C-2.3(b)2 and N.J.S.A.

45:2D-5:

i) Three hundred hours of supervised practical training in alcohol and drug counseling;

ii) Two years of supervised work experience within five consecutive years immediately preceding the date of submission of the application;

iii) Two hundred seventy hours of alcohol and drug education;

iv) Attended the 30 alcohol and drug abuse self-help group meetings;

v) A written examination developed and prepared by the ICRC, or its successor; and

vi) An oral examination developed and prepared by the ICRC, or its successor, on the applicant's written case presentation.

c) An application shall be deemed abandoned and closed if:

1) The application has not been completed by the applicant within 12 months after it was received by the Committee; or

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2) The applicant fails to sit for or pass the written and/or oral sections of the examination within 12 months or any 12-month period thereafter upon written notification of eligibility to take the examination.

d) An application submitted subsequent to the abandonment of a prior application shall be treated as a new application and shall comply with the requirements of (a) and (b) above.

e) After the third attempt or thereafter to pass the written and/or oral sections of the examination, the applicant may not reapply a fourth time or any time thereafter without having first successfully completed and passed a course(s) in the subject matter(s) in which the examination has demonstrated the applicant's deficiencies.

13:34C-2.3 APPLICATION PROCEDURE: CERTIFIED ALCOHOL AND DRUG

COUNSELOR

a) An applicant for certification as a certified alcohol and drug counselor shall submit the following to the Committee:

1) A completed application form, which contains information concerning the applicant's educational and experiential background;

2) The non-refundable application fee set forth in N.J.A.C. 13:34C-1.11;

3) An official transcript(s)/certificate(s) indicating that the applicant has satisfied the educational requirements set forth in (b)1 and 4 below;

4) The supervisor's certification indicating that the applicant has met the supervision requirements for certification as set forth in N.J.A.C. 13:34C-6; and

5) A Certification and Authorization Form for a Criminal History Background Check.

b) An applicant shall furnish evidence that the applicant has:

1) Received a bachelor's degree or an associate's degree or a high school diploma or a certificate of high school equivalency;

2) Completed 300 hours of supervised practical training in alcohol and drug counseling distributed among all of the following 12 core functions: screening, intake, orientation, assessment, treatment planning, counseling-individual, group and family, case management, crisis intervention, client education, referral, consultation and

Chapter 34C Page 21 of 62 Last Revision Date: 02/22/2022 recordkeeping. This practical training may be part of the work experience pursuant to (b)3 below and may be completed under more than one agency or supervisor;

3) Completed two years of supervised work experience within five consecutive years immediately preceding the date of submission of the application. The two years of supervised work experience may be paid or voluntary time working directly with alcohol or other drug clients. Paid or voluntary time shall be directly related to the 12-core functions as set forth at (b)2 above;

i) A one year full-time equivalent shall be 1,500 hours over a 50-week period. Any hours over the required 1,500 hours per year may not be carried over into the succeeding year. The practical training required by (b)2 above may be part of the work experience set forth in this paragraph and may be completed under more than one agency or supervisor;

ii) The work experience requirement may be satisfied by work performed on a part-time basis, so long as the two year experience requirement is satisfied by completion of at least 3,000 hours within five consecutive years immediately preceding the date of submission of the application;

iii) Continuing education courses, workshops, seminars, or unsupervised work experience, or formal education (except for the supervised practical training pursuant to (b)2 above) may not be substituted for the required work experience;

4) Completed 270 hours of alcohol and drug education, approved by member boards of the International Certification Reciprocity Consortium of Alcohol and Other Drug Abuse, Inc.

(ICRC), the National Association of Alcoholism and Drug Abuse Counselors (NAADAC), the Association for Addiction Professionals or a regionally accredited college or university, which shall be related to the knowledge and skill associated with the functions of an alcohol and drug counselor, including formal classroom education, workshops, seminars, institutes, in-service training or a maximum of 54 course hours in distance learning programs as follows:

i) Fifty-four course hours of assessment, with a minimum of six hours in each of the topics and distributed among all of the following:

(1) Initial interviewing process;

(2) Biopsychosocial assessment;

(3) Differential diagnosis;

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(4) Diagnostic summaries;

(5) Compulsive gambling; and

(6) Psychopharmacology/physiology of addiction;

ii) Fifty-four course hours of counseling, with a minimum of six hours in each of the topics and distributed among all of the following:

(1) Introduction to counseling;

(2) Introduction to techniques and approaches;

(3) Crisis intervention;

(4) Individual counseling focused on addiction;

(5) Group counseling; and

(6) Family counseling;

iii) Fifty-four course hours of case management, with a minimum of six hours in each of the topics and distributed among all of the following:

(1) Community resources;

(2) Consultation;

(3) Documentation; and

(4) HIV positive resources;

iv) Fifty-four course hours of client education, with a minimum of six hours in each of the topics and distributed among all of the following:

(1) Addiction recovery;

(2) Psychological client education;

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(3) Biochemical/medical client education;

(4) Sociocultural client education;

(5) Addiction recovery and psychological family education;

(6) Biomedical and sociocultural family education; and

(7) Community and professional education; and

v) Fifty-four course hours of professional responsibility, with a minimum of six hours in each of the topics and distributed among all of the following;

(1) Ethical standards;

(2) Legal aspects;

(3) Cultural competency;

(4) Professional growth;

(5) Personal growth;

(6) Dimensions of recovery;

(7) Supervision;

(8) Consultation; and

(9) Community involvement;

5) Attended 30 alcohol and drug abuse self-help group meetings of which a minimum of five meetings shall be in Alcoholics Anonymous; a minimum of five meetings shall be in Narcotics Anonymous; and a minimum of five meetings shall be in Alanon;

6) Successfully completed a written examination developed and prepared by the ICRC, or its successor; and

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7) Successfully completed an oral examination developed and prepared by the ICRC, or its successor, on the applicant's written case presentation.

c) An application shall be deemed abandoned and closed if:

1) The application has not been completed by the applicant within 12 months after it was received by the Committee; or

2) The applicant fails to sit for or pass the written and/or oral sections of the examination within 12 months or any 12-month period thereafter upon written notification of eligibility to take the examination.

d) An application submitted subsequent to the abandonment of a prior application shall be treated as a new application and shall comply with the requirements of (a) and (b) above.

e) After the third attempt or thereafter to pass the written and/or oral sections of the examination, the applicant may not reapply a fourth time or any time thereafter without having first successfully completed and passed a course(s) in the subject matter(s) in which the examination has demonstrated the applicant's deficiencies.

13:34C-2.4 LICENSURE: HEALTH CARE PROVIDER LICENSED BY THE STATE

a) In accordance with N.J.S.A. 45:2D-4(b), the Committee shall recommend that the Board issue a license as a licensed clinical alcohol and drug counselor to any health care provider licensed by the State of New Jersey, who is in good standing and diagnoses and/or treats drug or alcohol related disorders within the health care provider's scope of practice.

b) The health care provider shall also demonstrate to the Committee, which will then recommend to the Board, that the health care provider has equivalent education as required pursuant to N.J.A.C. 13:34C-2.2(b) and training and comparable years of experience as required pursuant to N.J.A.C. 13:34C-2.3(b)2 through 5, except that the health care provider shall be exempt from taking the oral and written examinations as required pursuant to N.J.A.C. 13:34C-2.3(b)6 and 7.

13:34C-2.5 QUALIFICATION REVIEW PROCESS: LICENSURE AND CERTIFICATION

a) The Committee shall review the qualifications of each person who applies for licensure or certification as an alcohol and drug counselor.

b) No applicant shall be licensed or certified by the Board unless a majority of the full Committee first determines that the applicant has met the education and experience requirements of N.J.A.C. 13:34C-2.3(b)1 through 5 and successfully completed the written

Chapter 34C Page 25 of 62 Last Revision Date: 02/22/2022 and oral examinations required pursuant to N.J.A.C. 13:34C-2.3(b)6 and 7. Exempted from this subsection are those applicants who qualify as specified pursuant to N.J.A.C. 13:34C- 1.10, 2.1, and 2.4.

c) An applicant who is determined to be qualified and is recommended for licensure or certification by the Committee shall be considered for licensure or certification by the Board, with the final decision to be made by the Board. The Board may review the action taken by the Committee with respect to the Committee's evaluation and examination of the applicant for licensure as a licensed clinical alcohol and drug counselor or for certification as a certified alcohol and drug counselor.

d) The Board may reverse, modify or reject any determination of the Committee by an affirmative vote of a majority of the Board.

13:34C-2.6 EXCEPTIONS TO LICENSURE AND CERTIFICATION

a) The licensure and certification rules in this subchapter shall not apply to:

1) A person engaging in or offering alcohol and drug addiction services such as self-help, sponsorship through Alcoholics Anonymous and Narcotics Anonymous groups or other uncompensated alcohol and drug addiction counseling assistance;

2) The activities and services of a designated employee or other agent of a private employer…