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VOLUME 46, ISSUE 20
ISSUE DATE: October 20, 2014
RULE PROPOSALS

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
State Board of Marriage and Family Therapy Examiners


Proposed New Rules: N.J.A.C. 13:34C-2.7 and 2.8

Credit Towards Licensure or Certification for Education, Training, and Experience Received While Serving as a Member of the Armed Forces
 
Authorized By: State Board of Marriage and Family Therapy Examiners, Milagros Collazo, Executive Director.
 
Authority: N.J.S.A. 45:1-15 and 45:2D-14 and P.L. 2013, c. 49.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2014-186.
 
Submit comments by December 19, 2014, to:
 
   Milagros Collazo, Executive Director
   State Board of Marriage and Family Therapy Examiners
   124 Halsey Street
   P.O. Box 45007
   Newark, New Jersey 07101
   or electronically at: www.NJConsumerAffairs.gov/proposal/comment/.
 
The agency proposal follows:
 
Summary

The State Board of Marriage and Family Therapy Examiners (the Board), in consultation with the Alcohol and Drug Counselor Committee (the Committee), is proposing to add new rules to N.J.A.C. 13:34C to implement P.L. 2013, c. 49 (the Act), which mandates that a professional or occupational board designated in section 2 of P.L. 1978, c. 73 (N.J.S.A. 45:1-15) that issues a professional or occupational license, certificate of registration, or certificate for which professional training, education, or experience is required, give credit towards its requirements for licensure or certification for any portion of the training, education, and experience received by an applicant while serving as a member of the Armed Forces of the United States (Armed Forces) that is substantially equivalent to the training, education, or experience required for licensure or certification.

Proposed new N.J.A.C. 13:34C-2.7 would permit an applicant for a license as a clinical alcohol and drug counselor who has been honorably discharged from the Armed Forces and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:34C-2.2, to apply to the Committee for recognition of the applicant's training, education, and experience received while serving as a member of the Armed Forces as being substantially equivalent to the training, education, and experience required for licensure.

Proposed new N.J.A.C. 13:34C-2.7(b) sets forth the evidence that the applicant would be required to provide to establish that the relevant education, training, and experience received while in the military is substantially equivalent in scope and character to the education, training, and experience required by the Committee for licensure. Proposed new N.J.A.C. 13:34C-2.7(b)2i would require the applicant to submit a verification of his or her military experience and training to the Committee for determining substantial equivalence to the supervised practical training and supervised work experience required under N.J.A.C. 13:34C-2.3.

Proposed new N.J.A.C. 13:34C-2.7(b)2ii sets forth the procedure that an applicant must follow to have his or her military education and/or training evaluated for substantial equivalence to holding 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 a master's degree in an addictions or counseling related area, which meets the course work requirements of N.J.A.C. 13:34C-2.2(b).

Proposed new N.J.A.C. 13:34C-2.8 would permit an applicant for certification as a certified alcohol and drug counselor who has been honorably discharged from the Armed Forces and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:34C-2.3, to apply to the Committee for recognition of the applicant's training, education, and experience received while serving as a member of the Armed Forces as being substantially equivalent to the training, education, and experience required for certification.

Proposed new N.J.A.C. 13:34C-2.8(b) sets forth the evidence that the applicant would be required to provide to establish that the relevant education, training, and experience received while in the military is substantially equivalent in scope and character to the education, training, and experience required by the Committee for certification.

Proposed new N.J.A.C. 13:34C-2.8(b)2i would require the applicant to submit a verification of his or her military experience and training to the Committee for determining substantial equivalence to the Committee's experience requirement. Proposed N.J.A.C. 13:34C-2.8(b)2ii sets forth the equivalence standards by which an applicant's military education and experience is to be measured.

Proposed new N.J.A.C. 13:34C-2.7(b)3 and 2.8(b)3 would require that the applicant comply with all other requirements for licensure or certification, as the case may be, including successful completion of the examination requirements.

Under proposed new N.J.A.C. 13:34C-2.7(c) and 2.8(c), the applicant would be responsible for providing timely and complete evidence of the education, training, and/or experience gained in the military for review and consideration. If all of the applicant's military training, education, or experience is not deemed equivalent to the Committee's requirements, N.J.A.C. 13:34C-2.7(d) and 2.8(d) would require the Committee and the Board to credit whatever portion of the applicant's military training, education, or experience it deems to be substantially equivalent towards meeting the requirements of licensure or certification, as the case may be. Additionally, proposed new N.J.A.C. 13:34C-2.7(e) and 2.8(e) provide that evidence of such education, training, or experience will be assessed on a case-by-case basis.

The Committee has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
 
Social Impact

The Committee has determined that the proposed new rules would help New Jersey veterans transition from military to civilian life. New Jersey veterans who have received training, education, and experience while in the military would be able to have that training, education, and experience evaluated for substantial equivalence to Committee requirements. Whatever portion of the veteran's training, education, and/or experience is found to be substantially equivalent would be credited towards the requirements for licensure or certification, as appropriate. This procedure would create an efficient process for licensing or certifying veterans who have received valuable education and work skills while in the military in professional careers, benefitting veterans, as noted in the Economic Impact statement below. Prospective employers may also benefit from the increased pool of qualified potential employees. The Committee anticipates that the proposed new rules would have no adverse effect on public health, safety, or welfare.
 
Economic Impact

The Committee believes that the proposed new rules may have a positive economic impact on New Jersey veterans. Crediting substantially equivalent education received in the military towards the requirements for licensure and certification may save veterans tuition costs for duplicative education; crediting substantially equivalent training and experience may save veterans time in achieving licensure or certification. Achieving licensure or certification may translate into landing high paying jobs more quickly, which, in turn, may economically benefit the State through increased tax revenues and decreased unemployment.
 
Federal Standards Statement

A Federal standards analysis is not required because the proposed new rules are governed by P.L. 2013, c. 49, and N.J.S.A. 45:2D-14, and are not subject to any Federal requirements or standards.
 
[page=2083] Jobs Impact

The Committee does not believe that the proposed new rules will result in the creation or loss of jobs in the State, other than as discussed in the Economic Impact above.
 
Agriculture Industry Impact

The proposed new rules will have no impact on the agriculture industry in the State.
 
Regulatory Flexibility Statement

The Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., requires the Committee to give a description of the types and an estimate of the number of small businesses to which the proposed new rules will apply. A regulatory flexibility analysis is not required because the proposed new rules only apply to applicants for licensure or certification who are not considered small businesses because they do not yet have a license to practice as a licensed clinical alcohol and drug counselor, or a certification to practice as a certified alcohol and drug counselor, as the case may be.
 
Housing Affordability Impact Analysis

The proposed new rules will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed new rules require the Committee to grant credit for substantially equivalent education, training, and experience received while in the Armed Forces towards licensure or certification, as the case may be.
 
Smart Growth Development Impact Analysis

The proposed new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed new rules require the Committee to grant credit for substantially equivalent education, training, and experience received while in the Armed Forces towards licensure or certification, as the case may be.
 
Full text of the proposed rules follows:
 
SUBCHAPTER 2.    GENERAL OBLIGATIONS
 
13:34C-2.7   Credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces
 
(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:34C-2.2 may apply to the Committee for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Committee shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.
 
(b) The Board shall issue a license to the applicant, if the applicant presents evidence to the Committee and the Board that:
 
1. The applicant has been honorably discharged from active military service;
 
2. The relevant training, experience, and education the applicant has received in the military, together with any training, experience, and education obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, experience, and education required for licensure under N.J.A.C. 13:34C-2.2.
 
i. An applicant seeking credit for military training and experience shall submit to the Committee the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586 or a successor form, as amended and supplemented.
 
ii. An applicant seeking credit for education courses and/or training completed while in the military who does not hold 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 a master's degree in an addictions or counseling related area that meets the course work requirements of N.J.A.C. 13:34C-2.2(b), shall submit to the Board a Joint Services Transcript of his or her education/training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to the educational requirements described and required for licensure under N.J.A.C. 13:34C-2.2. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those education courses and/or training relevant to the practice of alcohol and drug counseling that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and
 
3. The applicant complies with all other requirements for licensure, including successful completion of the written and oral examinations as set forth in N.J.A.C. 13:34C-2.3(b).
 
(c) It is the applicant's responsibility to provide timely and complete evidence of the education, training, and/or experience gained in the military for review and consideration.
 
(d) If the applicant's military training, education, or experience, or a portion thereof, is deemed not to be substantially equivalent to that required for licensure, the Committee and the Board shall credit whatever portion of the military training, education, or experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:34C-2.2 for the issuance of the license.
 
(e) Satisfactory evidence of such education, training, or experience shall be assessed on a case-by-case basis.
 
13:34C-2.8   Credit towards certification for education, training, and experience received while serving as a member of the Armed Forces
 
(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for certification under N.J.A.C. 13:34C-2.3 may apply to the Committee for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Committee shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for certification.
 
(b) The Board shall issue a certificate to the applicant if the applicant presents evidence to the Committee and the Board that:
 
1. The applicant has been honorably discharged from active military service;
 
2. The relevant training, experience, and education the applicant has received in the military, together with any training, education, and experience obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, experience, and education required for certification under N.J.A.C. 13:34C- 2.3.
 
i. An applicant seeking credit for military training and experience shall submit to the Committee the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586 or a successor form, as amended and supplemented.
 
ii. An applicant seeking credit for education courses and/or training completed while in the military who has not completed the 270 hours of alcohol and drug education described in N.J.A.C. 13:34C-2.3(b)4 shall submit to the Committee a Joint Services Transcript of his or her education/training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to the educational requirements described and required for certification under N.J.A.C. 13:34C-2.3(b)4. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Committee and the Board shall consider only those education courses and/or training relevant to the practice of alcohol and drug counseling that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and
 
3. The applicant complies with all other requirements for certification, including successful completion of the written and oral examinations as set forth in N.J.A.C. 13:34C-2.3(b).
 
(c) It is the applicant's responsibility to provide timely and complete evidence of the education, training, and/or experience gained in the military for review and consideration.
 
[page=2084] (d) If the applicant's military training, education, or experience, or a portion thereof, is deemed not to be substantially equivalent to that required for certification, the Committee and the Board shall credit whatever portion of the military training, education, or experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:34C-2.3 for the issuance of the certificate.
 
(e) Satisfactory evidence of such education, training, or experience shall be assessed on a case-by-case basis

 

If you wish to submit comments about this rule proposal, please fill out the form below. When you have completed the form, click the "Submit Your Comments" button below.

Last Name :

First Name:

Professional Organization, Association or Affiliation, if any:

E-Mail Address:

PRN 2014-186

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