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VOLUME 46, ISSUE 22
ISSUE DATE: November 17, 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. 13:34-4.5, 11.8, 11.9, and 21.6

Marriage and Family Therapist, Professional Counselor, Associate Counselor and Rehabilitation Counselor: Credit Towards Licensure 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 45:8B-13; and P.L. 2013, c. 49.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2014-197.
 
Submit comments by January 16, 2015, to:
 
   Milagros Collazo, Executive Director
   State Board of Marriage and Family Therapy Examiners
   124 Halsey Street
   PO Box 45007
   Newark, NJ 07101
   or electronically at: www.NJConsumerAffairs.gov/proposal/comment/.
 
The agency proposal follows:
 
Summary

The State Board of Marriage and Family Therapy Examiners (Board) is proposing to add new rules to N.J.A.C. 13:34 to implement P.L. 2013, c. 49 (the Act), which mandates that a professional or occupational board designated in 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. The proposed new rules for professional counselors, associate counselors, and rehabilitation counselors were drafted in consultation with the Board's Professional Counselor Examiners Committee (Committee).

Proposed new N.J.A.C. 13:34-4.5(a) would permit an applicant for a license as a marriage and family therapist 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. 13:34-4.2 and 4.3, to apply to the Board 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, or experience required for licensure.

Proposed new N.J.A.C. 13:34-4.5(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/or experience required by the Board for licensure.

Proposed new N.J.A.C. 13:34-4.5(b)2i would require the applicant to submit a verification of his or her military experience and training to the Board for determining substantial equivalence to the supervised marriage and family therapy experience and supervised counseling experience required in N.J.A.C. 13:34-4.3.

Proposed new N.J.A.C. 13:34-4.5(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 marriage and family therapy, a master's degree in social work, or a graduate degree in a related field from a regionally accredited institution which meets the course work requirements set forth in N.J.A.C. 13:34-4.2.

Proposed new N.J.A.C. 13:34-4.5(b)2iii sets forth the procedure that an applicant must follow to have his or her military education and/or training evaluated for substantial equivalence to a post graduate degree recognized by the Board which meets the training and course work requirements set forth in N.J.A.C. 13:34-4.2(b) or a program of training and course work at an institute or training program accredited by the Commission on Accreditation for Marriage and Family Therapy Education.

The Board proposes new N.J.A.C. 13:34-4.5(f) to allow applicants that satisfy the educational requirements set forth in N.J.A.C. 13:34-4.2, but do not meet the experience or training requirements, to seek the Board's approval for a three-year temporary permit, in accordance with N.J.A.C. 13:34-5.2.

Proposed new N.J.A.C. 13:34-11.8(a) would permit an applicant for a license as a professional 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. 13:34-11.2 and 11.3, 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 licensure.

Proposed new N.J.A.C. 13:34-11.8(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 licensure as a professional counselor pursuant to N.J.A.C. 13:34-11.2 and 11.3.

Proposed new N.J.A.C. 13:34-11.8(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 supervised professional counseling experience required in N.J.A.C. 13:34-11.3.

Proposed new N.J.A.C. 13:34-11.8(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 or a doctorate in counseling which meets the course work requirements set forth in N.J.A.C. 13:34-11.2.

Similarly, proposed new N.J.A.C. 13:34-11.9 would permit an applicant for a license as an associate 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. 13:34-11.5, to apply to the Committee for recognition of the applicant's training, education, and experience received while serving as [page=2263] a member of the Armed Forces, which the Committee must consider together with any training, education, and experience obtained outside of the Armed Forces, as being substantially equivalent to the training, education, and experience required for licensure.

Proposed new N.J.A.C. 13:34-11.9(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 as an associate counselor.

Proposed new N.J.A.C. 13:34-11.9(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 requirements. Proposed new N.J.A.C. 13:34-11.9(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 or a doctorate in counseling which meets the course work requirements set forth in N.J.A.C. 13:34-11.5.

Proposed new N.J.A.C. 13:34-21.6 would permit an applicant for a license as a rehabilitation 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. 13:34-21.2(b) and 21.3, 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, which the Committee must consider together with any training, education, and experience obtained outside of the Armed Forces, as being substantially equivalent to the training, education, and experience required for licensure.

Proposed new N.J.A.C. 13:34-21.6(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 as a rehabilitation counselor as set forth in N.J.A.C. 13:34-21.2(b) and 21.3.

Proposed new N.J.A.C. 13:34-21.6(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 requirements set forth in N.J.A.C. 13:34-21.3. Proposed new N.J.A.C. 13:34-21.6(b)2ii sets forth the procedure that an applicant must follow to have his or her military education courses and/or training evaluated for substantial equivalence to holding a master's degree from a rehabilitation counseling degree program accredited, at the time of the applicant's graduation, by the Council on Rehabilitation Education or its successor, as required in N.J.A.C. 13:34-21.2(b).

Proposed new N.J.A.C. 13:34-4.5(b)3, 11.8(b)3, 11.9(b)3, and 21.6(b)3 would require that the applicant comply with all other requirements for licensure, including successful completion of the respective examination requirements.

Under proposed new N.J.A.C. 13:34-4.5(c), 11.8(c), 11.9(c), and 21.6(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 Board's or Committee's requirements, N.J.A.C. 13:34-4.5(d), 11.8(d), 11.9(d), and 21.6(d) would require the Board or Committee, as appropriate, 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. Additionally, proposed new N.J.A.C. 13:34-4.5(e), 11.8(e), 11.9(e), and 21.6(e) provide that evidence of such education, training, or experience will be assessed on a case-by-case basis.

The Board 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 Board 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 Board or 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. This procedure would create an efficient process for licensing veterans who have received valuable education and work skills while in the military in professional careers, benefitting veterans, as noted in the Economic Impact below. Prospective employers may also benefit from the increased pool of qualified potential employees. The Board anticipates that the proposed new rules would have no adverse effect on public health, safety, or welfare.
 
Economic Impact

The Board 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 may save veterans tuition costs for duplicative education; crediting substantially equivalent training and experience may save veterans time in achieving licensure. Achieving licensure 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. 45:8B-1 et seq., and are not subject to any Federal requirements or standards.
 
Jobs Impact

The Board does not believe that the proposed new rules will result in the creation or loss of jobs in the State.
 
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 Board 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 who are not considered small businesses because they do not yet have a license to practice marriage and family therapy, counseling, or rehabilitation counseling.
 
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 regulations 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.
 
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 regulation 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.
 
Full text of the proposed new rules follows:
 
SUBCHAPTER 4.    REQUIREMENTS FOR LICENSURE; APPLICATION PROCEDURES
 
13:34-4.5   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. 13:34-4.2 and 4.3 may apply to the Board for recognition of the [page=2264] applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Board 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 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 the Armed Forces, is substantially equivalent in scope and character to the training, experience, and education required for licensure under N.J.A.C. 13:34-4.2 and 4.3.
 
i. An applicant seeking credit for military training and experience shall submit to the Board the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586.
 
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 marriage and family therapy or a master's degree in social work or a graduate degree in a related field from a regionally accredited institution which provides the training and course work described in N.J.A.C. 13:34-4.2, 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 the educational requirements described and required for licensure under N.J.A.C. 13:34-4.2. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those courses relevant to the practice of marriage and family therapy that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula.
 
iii. An applicant seeking credit for education courses completed while in the military who does not hold a post graduate degree recognized by the Board which includes the course work required in N.J.A.C. 13:34-4.2(b), or who has not completed a program of training and course work at an institute or training program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, shall submit to the Board a Joint Services Transcript of his or her education, for a determination that the education courses completed are substantially equivalent in level, scope, and intent to a post graduate degree or a program of training and course work, as described and required for licensure under N.J.A.C. 13:34-4.2. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those courses relevant to the practice of marriage and family therapy 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 as a professional counselor including successful completion of the National Marriage and Family Therapy Examination administered by the Association of Marital and Family Therapy Regulatory Boards or its successor as set forth in N.J.A.C. 13:34-4.1.
 
(c) It is the applicant's responsibility to provide timely and complete evidence of the education, training and experience gained in the military for review and consideration.
 
(d) If the applicant's military training, education, and experience, or a portion thereof, is not deemed to be substantially equivalent to that required for licensure, 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. 13:34-4.2 and 4.3 for the issuance of the license.
 
(e) Satisfactory evidence of such education, training, and experience shall be assessed on a case-by-case basis.
 
(f) An applicant who meets the educational requirements set forth in N.J.A.C. 13:34-4.2 and does not meet the experience requirements set forth in N.J.A.C. 13:34-4.3 may be eligible to apply for a temporary permit in accordance with N.J.A.C. 13:34-5.2.
 
SUBCHAPTER 11.  PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: APPLICATION PROCEDURE; DEFINITIONS
 
13:34-11.8   Professional counselor: 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. 13:34-11.2 and 11.3 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 licensure.
 
(b) The Board shall issue a license as a professional counselor to the applicant, if the applicant presents evidence to the Committee that:
 
1. The applicant has been honorably discharged from active military service;
 
2. The relevant training, experience, and education the applicant 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 licensure under N.J.A.C. 13:34-11.2 and 11.3.
 
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.
 
ii. An applicant seeking credit for education courses and/or training completed while in the military, who does not hold a master's degree or a doctorate in counseling as described in N.J.A.C. 13:34-11.2, shall submit to the Committee a Joint Services Transcript of his or her education for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to a master's degree or a doctorate in counseling as described and required for licensure under N.J.A.C. 13:34-11.2. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Committee shall consider only those courses relevant to the practice of 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 as a professional counselor, including successful completion of the National Counselor Examination (NCE) or its successor, administered by the National Board for Certified Counselors (NBCC) or its successor, as set forth in N.J.A.C. 13:34-11.4.
 
(c) It is the applicant's responsibility to provide timely and complete evidence of the education, training, and experience gained in the military for review and consideration.
 
(d) If the applicant's military training, education, and experience, or a portion thereof, is not deemed to be substantially equivalent to that required for licensure as a professional counselor, the Committee shall credit whatever portion of the military training, education, and experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:34-11.2 and 11.3 for the issuance of the license as a professional counselor.
 
(e) Satisfactory evidence of such education, training, and experience shall be assessed on a case-by-case basis.
 
13:34-11.9   Associate counselor: 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. 13:34-11.5 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, [page=2265] for determining substantial equivalence to the training, education, and experience required for licensure.
 
(b) The Board shall issue a license as an associate counselor to the applicant, if the applicant presents evidence to the Committee 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 and outside of the Armed Forces, is substantially equivalent in scope and character to the training, education, and experience required for licensure under N.J.A.C. 13:34-11.5.
 
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.
 
ii. An applicant seeking credit for education courses and/or training completed while in the military, who does not hold a master's degree or a doctorate in counseling as described in N.J.A.C. 13:34-11.5, 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 a master's degree or a doctorate in counseling, as described and required for licensure under N.J.A.C. 13:34-11.5. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Committee shall consider only those courses relevant to the practice of 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 as an associate counselor, including successful completion of the National Counselor Examination (NCE) or its successor, administered by the National Board for Certified Counselors (NBCC) or its successor, as set forth in N.J.A.C. 13:34-11.6.
 
(c) It is the applicant's responsibility to provide timely and complete evidence of the education, training, and experience gained in the military for review and consideration.
 
(d) If the applicant's military training, education, and experience, or a portion thereof, is not deemed to be substantially equivalent to that required for licensure, the Committee shall credit whatever portion of the military training, education, and experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:34-11.5 for the issuance of the license as an associate counselor.
 
(e) Satisfactory evidence of such education, training or service shall be assessed on a case-by-case basis.
 
SUBCHAPTER 21.    REHABILITATION COUNSELORS: APPLICATION PROCEDURE; DEFINITIONS
 
13:34-21.6   Rehabilitation counselor: 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. 13:34-21.2(b) and 21.3, 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 licensure.
 
(b) The Board shall issue a license as a rehabilitation counselor to the applicant, if the applicant presents evidence to the Committee that:
 
1. The applicant has been honorably discharged from active military service;
 
2. The relevant training, experience, and education the applicant received in the military, together with any training, education, and experience obtained outside the Armed Forces, is substantially equivalent in scope and character to the training, education, and experience required for licensure under N.J.A.C. 13:34-21.2(b) and 21.3.
 
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.
 
ii. An applicant seeking credit for education courses and/or training completed while in the military, who does not hold a master's degree from a rehabilitation counseling degree program accredited, at the time of the applicant's graduation, by the Council on Rehabilitation Education (CORE) or its successor, shall submit to the Committee a Joint Services Transcript of his or her education for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to a CORE accredited program as required for licensure under N.J.A.C. 13:34-21.2(b). For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Committee shall consider only those education courses and/or training relevant to the practice of rehabilitation 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 as a professional counselor including successful completion of the Certified Rehabilitation Counselor examination administered by the Commission on Rehabilitation Counselor Certification as set forth in N.J.A.C. 13:34-21.4.
 
(c) It is the applicant's responsibility to provide timely and complete evidence of the training, education, and experience gained in the military for review and consideration.
 
(d) If the applicant's military training, education and experience, or a portion thereof, is not deemed to be substantially equivalent to that required for licensure as a rehabilitation counselor, the Committee shall credit whatever portion of the military training, education, and experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:34-21.2(b) and 21.3 for the issuance of the license as a rehabilitation counselor.
 
(e) Satisfactory evidence of such training, education, and 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.

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PRN 2014-197

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