CHAPTER 57

An Act providing for the certification of psychoanalysts by the Director of the Division of Consumer Affairs.

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

C.45:14BB-1 Short title.

    1.    This act shall be known and may be cited as the "Psychoanalysts State Certification Act."

C.45:14BB-2 Findings, declarations relative to certification of psychoanalysts.

    2.    The Legislature finds and declares that the public interest requires the establishment of clear certification standards for psychoanalysts; and that the health and welfare of the residents of the State will be protected by identifying to the public those individuals who are qualified to call themselves State certified psychoanalysts.

C.45:14BB-3 Definitions relative to certification of psychoanalysts.

    3.    As used in this act:

    "Advisory committee" means the Certified Psychoanalysts Advisory Committee established pursuant to section 4 of this act.

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

    "National psychoanalytic association" means a national professional organization of psychoanalysts that conducts on-site visits of psychoanalytic institutes applying for association membership.

    "Psychoanalytic services" means therapeutic services that are based on an understanding of the unconscious and how unconscious processes affect the human mind as a whole, including actions, thoughts, perceptions and emotions.

    "State certified psychoanalyst" means an individual who has met the eligibility requirements contained in section 6 of this act and holds a current, valid certificate of State certification.

C.45:14BB-4 Certified Psychoanalysts Advisory Committee.

    4. a. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety a Certified Psychoanalysts Advisory Committee which shall serve as an advisory body to the director with respect to the State certification of psychoanalysts. The advisory committee shall consist of six members who are residents of the State, four of whom shall be State certified psychoanalysts and two of whom shall be public members. The four psychoanalyst members shall be, except for the members first appointed, State certified psychoanalysts under the provisions of this act and shall have been actively engaged in the practice of psychoanalytic services in the State for at least five years immediately preceding their appointment.

    b.    The Governor shall appoint the members with the advice and consent of the Senate. Each member shall be appointed for a term of three years, except that: of the members first appointed, two, one of whom shall be a public member and one of whom shall be a psychoanalyst, shall serve for a term of three years, two, one of whom shall be a public member and one of whom shall be a psychoanalyst, shall serve for terms of two years and two shall serve for a term of one year. Any vacancy in the membership of the advisory committee shall be filled for the unexpired term in the manner provided by the original appointment.

    c.    Members of the advisory committee shall be compensated and reimbursed for expenses and provided with office and meeting facilities and personnel required for the proper conduct of the business of the advisory committee.

    d.    The advisory committee shall organize within 30 days after the appointment of its members and shall annually elect from among its members a chairperson and vice-chairperson, and a secretary who need not be a member of the committee. The advisory committee may meet as necessary to discharge its duties and shall meet at the call of the director. A majority of the committee membership shall constitute a quorum.

    e.    The advisory committee shall advise and make recommendations to the director with respect to State certification of psychoanalysts.

C.45:14BB-5 Responsibilities of director.

    5.    The director shall:

    a.    Review the qualifications of applicants for certification;

    b.    Insure the proper conduct and standards of examinations;

    c.    Issue and renew biennial certificates of State certification for psychoanalysts pursuant to this act;

    d.    Refuse to admit a person to an examination or refuse to issue or suspend, revoke or fail to renew the certificate of State certification of a psychoanalyst pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);

    e.    Maintain a record of every psychoanalyst certified in this State, their places of business, place of residence and the date and number of their certificate of certification;

    f.    Prescribe or change the charges for examinations, certification, renewals and other services performed pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.); and

    g.    Adopt standards for and approve continuing education requirements.

C.45:14BB-6 Requirements for certification as psychoanalyst.

    6.    To be eligible to be certified as a psychoanalyst, an applicant shall:

    a.    Be at least 18 years of age;

    b.    Be of good moral character;

    c.    Have received a master's degree from an accredited institution of higher education;

    d.    Have received a graduate certificate in psychoanalysis from a free-standing psychoanalytic institute that is chartered by a state or foreign government and approved by the director or accredited by a national psychoanalytic association and approved by the director; and

    e.    Have successfully passed an examination approved by the director, in consultation with the advisory committee, to determine the applicant's competence to practice psychoanalytic services.

C.45:14BB-7 Contents of examination; administration.

    7. a. The examination required by subsection e. of section 6 of this act shall cover the theories relating to an applicant's psychoanalytic educational background. The director may use psychoanalytic tests utilized by state or foreign psychoanalytic training institutions or by national psychoanalytic associations.

    b.    The examination required by subsection e. of section 6 of this act shall be held within the State at least once each year at a time and place to be determined by the director, in consultation with the advisory committee, except that an examination need not be conducted when no one has applied to be examined. The director shall give adequate written notice of the examination to applicants for State certification and examination.

    c.    If an applicant fails an examination twice, the applicant may take a third examination not less than one year nor more than three years from the date of the applicant's initial examination. Additional examinations may be permitted in accordance with standards set by the director, after consultation with the advisory committee.

C.45:14BB-8 Issuance of certification.

    8.    The director shall issue a certificate of State certification to any applicant who, in the opinion of the director, has satisfactorily met the requirements of this act. The director may waive the requirement under subsection d. of section 6 of this act and allow an applicant to sit for the State certification examination if in the opinion of the director, the applicant has sufficient experience in psychoanalysis and holds a current State of New Jersey license, registration, or certificate in a mental health profession.        All certificates of State certification shall be issued for a two-year period upon the payment of the certification fee prescribed by the director, after consultation with the advisory committee, and shall be renewed upon filing of a renewal application, the payment of a certification fee and presentation of satisfactory evidence that the renewal applicant has successfully completed the continuing education requirements prescribed by the director by regulation.

C.45:14BB-9 Use of title restricted.

    9.    No person shall use the title, "State certified psychoanalyst" or the abbreviation "SCP," unless certified pursuant to the provisions of this act.

C.45:14BB-10 Director's discretion in issuance of certification.

    10.  The director may waive the education, experience and examination requirements for State certification pursuant to this act and issue a State certification by endorsement to any applicant who holds a current license, registration or certificate to practice psychoanalysis issued by the agency of another state or country which, in the opinion of the director, has requirements for licensure, registration or certification equivalent to or higher than those required to be certified pursuant to this act.

C.45:14BB-11 Provisions of C.45:1-14 et seq. applicable.

    11.  The provisions of P.L.1978, c.73 (C.45:1-14 et seq.) shall apply to this act.

C.45:14BB-12 Rules, regulations.

    12.  The director, after consultation with the advisory committee, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act.

    13.  This act shall take effect immediately.

    Approved July 6, 2000.