ASSEMBLY, No. 244

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblywoman  CHARLOTTE VANDERVALK

District 39 (Bergen)

 

Co-Sponsored by:

Assemblywoman Wagner

 

 

 

 

SYNOPSIS

     Makes it a crime of the third degree to practice psychology, marriage and family therapy, chiropractic or State-certified psychoanalysis without the appropriate license or certification.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning the unlicensed practice of certain professions and supplementing chapter 21 of Title 2C of the New Jersey Statutes.

 

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

 

     1.    A person is guilty of a crime of the third degree if he knowingly does not possess a license to practice psychology, or knowingly has had such license suspended, revoked or otherwise limited by an order entered by the State Board of Psychological Examiners, and he:

     a.     engages in the practice of psychology;

     b.    exceeds the scope of practice permitted by the board order;

     c.     holds himself out to the public or any person as being eligible to engage in that practice;

     d.    engages in any activity for which such license is a necessary prerequisite; or

     e.     practices psychology under a false or assumed name or falsely impersonates another person licensed by the board.

 

     2.    A person is guilty of a crime of the third degree if he knowingly does not possess a license to practice marriage and family therapy, or knowingly has had such license suspended, revoked or otherwise limited by an order entered by the State Board of Marriage and Family Therapy Examiners, and he:

     a.     engages in the practice of marriage and family therapy;

     b.    exceeds the scope of practice permitted by the board order;

     c.     holds himself out to the public or any person as being eligible to engage in that practice;

     d.    engages in any activity for which such license is a necessary prerequisite; or

     e.     practices marriage and family therapy under a false or assumed name or falsely impersonates another person licensed by the board.

 

     3.    A person is guilty of a crime of the third degree if he knowingly does not possess a license to practice chiropractic, or knowingly has had such license suspended, revoked or otherwise limited by an order entered by the State Board of Chiropractic Examiners, and he:

     a.     engages in the practice of chiropractic;

     b.    exceeds the scope of practice permitted by the board order;

     c.     holds himself out to the public or any person as being eligible to engage in that practice;

     d.    engages in any activity for which such license is a necessary prerequisite; or

     e.     practices chiropractic under a false or assumed name or falsely impersonates another person licensed by the board.

 

     4.    A person is guilty of a crime of the third degree if he knowingly does not possess a certification to practice psychoanalysis pursuant to the provisions of P.L.2000, c.57 (C.45:14BB-1 et seq.) or knowingly has had such certification suspended, revoked or otherwise limited by an order entered by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety or his designee and the person:

     a.  engages in the practice of State certified psychoanalysis;

     b.  exceeds the scope of practice permitted by the order;

     c.  holds himself out to the public or any person as being a State certified psychoanalyst;

     d.  engages in any activity for which such certification is a necessary prerequisite; or 

     e.  practices as a State certified psychoanalyst under a false or assumed name or falsely impersonates another person who is a State certified psychoanalyst.

 

     5.    This act shall take effect immediately.

 

 

STATEMENT

 

     Currently, the unlicensed practice of medicine, podiatry or dentistry is a crime of the third degree (punishable by a term of three to five years or a fine of up to $15,000 or both). This bill would provide that the unlicensed practice of psychology, marriage and family therapy or chiropractic would also constitute a crime of the third degree.  In addition, the bill would provide that any person who practices as a "State certified psychoanalyst" without appropriate authority to do so also is guilty of a crime of the third degree.

     Under the bill,  a person is guilty of a crime of the third degree if he knowingly does not possess a license to practice psychology, marriage and family therapy or chiropractic, or knowingly has had such license suspended, revoked or otherwise limited by an order entered by the appropriate State licensing board, and he:

     a.  engages in that practice;

     b.  exceeds the scope of practice permitted by the board order;

     c.  holds himself out to the public or any person as being eligible to engage in that practice;

     d.  engages in any activity for which such license is a necessary prerequisite; or 

     e.  practices any of these professions under a false or assumed name or falsely impersonates another person licensed by the appropriate licensing board.

     Under current law, psychologists are licensed by the State Board of Psychological Examiners; marriage and family therapists are licensed by the State Board of Marriage and Family Therapy Examiners, and chiropractors are licensed by the State Board of Chiropractic Examiners.  By contrast, persons who meet the eligibility requirements of the "Psychoanalysts State Certification Act," P.L.2000, c.57 (N.J.S.A..45:14BB-1 et seq.) are not regulated by a licensing board but instead receive certification as "State certified psychoanalysts" under the supervision of the director of the Division of Consumer Affairs in the Department of Law and Public Safety or his designee.  Thus, the bill provides that a person is guilty of a crime of the third degree if he knowingly does not possess a certification to practice psychoanalysis pursuant to the provisions of N.J.S.A. 45:14BB-1 et seq. or knowingly has had such certification suspended, revoked or otherwise limited by an order entered by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety or his designee and the person:

     a.  engages in the practice of State certified psychoanalysis;

     b.  exceeds the scope of practice permitted by the order;

     c.  holds himself out to the public or any person as being a State certified psychoanalyst;

     d.  engages in any activity for which such certification is a necessary prerequisite; or 

     e.  practices as a State certified psychoanalyst under a false or assumed name or falsely impersonates another person who is a State certified psychoanalyst.