A5808

An Act concerning continuing education requirements for mental health professionals and supplementing P.L.1999, c.403 (C.45:1-7.1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

“Division” means the Division of Consumer Affairs in the Department of Law and Public Safety.

“Frontline healthcare professional” means a healthcare professional licensed or certified to practice in New Jersey who provides direct, in-person care to patients, which care may include but is not limited to testing; general, primary, and emergency care; and care provided at New Jersey Department of Health-licensed facilities.

“Licensee” means an individual licensed or certified in New Jersey as a licensed marriage and family therapist, licensed associate marriage and family therapist, licensed professional counselor, licensed associate professional counselor, licensed rehabilitation counselor, licensed clinical alcohol and drug counselor, certified alcohol and drug counselor, licensed professional art therapist, physician, advanced practice nurse, licensed psychologist, State-certified psychoanalyst, or licensed clinical social worker.

“Volunteer services” means services provided by a licensee for which the licensee does not receive payment and the patient is not charged, and which are provided:

(1) to low-income patients who are not covered by any public or private third party payer;

(2) to frontline healthcare professionals; or

(3) through an organization that provides mental health services, including crisis intervention and referrals, to low-income, uninsured individuals or to individuals in crisis.

b. A licensee may seek a waiver of the continuing education requirements described in chapters 34, 34C, 34D, 35, 37, 42, 42A, and 44G of Title 13 of the New Jersey Administrative Code by providing certain volunteer services. Every two hours of providing the volunteer services shall offset one hour or one credit of continuing education. The number of continuing education contact hours or credits that may be offset by providing volunteer services is as follows:

(1) A licensed marriage and family therapist may offset up to 20 contact hours;

(2) A licensed associate marriage and family therapist may offset up to 10 contact hours;

(3) A licensed professional counselor or licensed associate professional counselor may offset up to 20 contact hours;

(4) A licensed rehabilitation counselor may offset up to 10 contact hours;

5. A licensed clinical alcohol and drug counselor may offset up to 10 contact hours;

6. A certified alcohol and drug counselor may offset up to 15 contact hours;

7. A licensed professional art therapist may offset up to 10 contact hours;

8. A physician who provides psychiatric services may offset up to 10 Category I continuing medical education credits;

9. An advanced practice nurse who provides psychiatric services may offset up to 15 hours of continuing education;

10. A licensed psychologist may offset up to 10 credits of continuing education;

11. A State-certified psychoanalyst may offset up to five credits of continuing education; and

12. A licensed clinical social worker may offset up to 10 credits of continuing education.

c. The time spent performing volunteer services shall not substitute for continuing education hours or credits that are specifically allocated in the New Jersey Administrative Code to required topics, including, but not limited to, ethics, cultural competency, opioid prescription, or jurisprudence.

d. A licensee shall maintain contemporaneous records indicating the number of hours of volunteer services provided and containing information sufficient to reflect compliance with this act. The records shall be maintained for the duration established by the applicable board for continuing education records.

e. Nothing in this act shall affect supervision requirements for a licensed or certified mental health professional who is required to be supervised in order to provide the mental health services for which that professional is licensed or certified to provide.

2. This act shall take effect immediately.

STATEMENT

This bill allows certain mental health professionals to offset every two hours of volunteer service for one hour or one credit of continuing education required to be fulfilled each biennial licensure renewal period. The time spent performing volunteer services is not to substitute for continuing education hours or credits that are specifically allocated in the New Jersey Administrative Code to required topics, including, but not limited to, ethics, cultural competency, opioid prescription, or jurisprudence.

Moreover, a licensee is to maintain contemporaneous records indicating the number of hours of volunteer services provided and containing information sufficient to reflect compliance with the bill. Such records shall be maintained for the duration established by the applicable board for continuing education records. Lastly, nothing in the bill is to impact any supervision requirements for the licensed or certified mental health professional who must be supervised in order to provide the mental health services for which they are licensed or certified to provide.