A865

ASSEMBLY, No. 865

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen MALONE and DORIA

An Act to license learning consultants, amending P.L.1974, c.46 and P.L.1978, c.73 and supplementing Title 45 of the Revised Statutes.

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

1. (New section) This act shall be known and may be cited as the "Learning Consultants Licensing Act."

2. (New section) The practice of learning consulting in the State of New Jersey is determined to affect the public safety and welfare, and to be subject to regulation and control in the public interest in order to protect the public by setting standards of qualification, education, training, and experience for those persons seeking to practice and be licensed as learning consultants, and by promoting high standards of professional performance for those presently practicing as learning consultants, and for those who will be licensed to practice learning consulting in this State.

3. (New section) As used in this act:

"Board" means the State Board of Learning Consultants, established under section 6 of this act.

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

"Licensed learning consultant" means an individual who represents himself to the public as providing services for a fee or other personal gain, by use of any title or description of services incorporating the words "licensed learning consultant" or any similar term, and implying that he is licensed and trained, experienced or expert in educational remediation, educational consultation or educational assessment, and who holds a license to practice these services under this act, which license is in force and not suspended or revoked as of the particular time in question.

"Merits the public trust" means having general acceptance by professional peers, and community acceptance as a professional, and having demonstrated the degree of objectivity, sensitivity and professional deportment necessary for professional responsibility and practice, as determined by the board pursuant to standards contained in its rules and regulations.

"Practice of learning consulting" means the rendering of professional learning consultant services to individuals, groups, organizations, corporations, institutions, government agencies or the general public for a fee or other personal gain involving the application of consulting procedures, which include, but are not limited to: assessing and analyzing an individual's learning characteristics with assessment instruments designed for that purpose, designing and implementing instructional strategies, planning educational programs, participating on multi-disciplinary teams, acting as an educational consultant to teachers, parents and other relevant professionals, providing and disseminating information to parents and professionals, and conducting social skills learning groups for children who have learning disabilities or social skills deficits.

4. (New section) a. No person shall engage in the practice of learning consulting as a licensed learning consultant or present, call or represent himself as a licensed learning consultant unless licensed under this act.

b. No person shall assume, represent himself as, or use the title or designation "learning consultant," "learning specialist," "educational consultant," or any other title or designation which includes the words "learning consultant," "learning specialist," or "educational consultant" unless licensed under this act.

5. (New section) The provisions of this act shall not apply to the following persons:

a. A person authorized by the laws of this State to practice psychology, speech pathology and audiology or any other profession licensed by the State, when acting within the scope of the person's profession or occupation and doing work of an educational nature consistent with the person's training, if the person does not hold himself out to the public as possessing a license issued pursuant to this act;

b. A student enrolled in an educational program which is recognized by the State Department of Education or by any accrediting body deemed acceptable to the board, if the student is preparing for the practice of learning consulting under a supervised course of study and is clearly designated by the title "learning consultant intern";

c. A primary, middle or secondary school employee certified as a learning disabilities teacher consultant by the State Department of Education, but only in the course of this employment and only when that primary, middle or secondary school requires its school learning consultants to be so certified;

d. An employee of an accredited academic institution of higher education, or a federal, State, county or municipal governmental institution or agency, or a research facility, but only in the course of his employment for any such entity;

e. An employee of a public or private nonprofit organization, but only in the course of his employment and only under the direct supervision, in accordance with standards determined by the board, of a licensed learning consultant; and

f. A person engaged in the practice of learning consulting for a period not exceeding one year, if he has a temporary permit which the board may issue upon the filing of an application for licensing. A permit may be granted to an applicant who furnishes satisfactory evidence to the board that he meets the qualifications set forth in subsections a., b., c., d. and e. of section 12 of this act. The board may waive these requirements under what it determines are unusual circumstances. The board may renew the permit for one additional year, except that it may permit additional renewals under what it deems are exceptional circumstances.

6. (New section) a. There is created in the Division of Consumer Affairs in the Department of Law and Public Safety the State Board of Learning Consultants. The board shall consist of seven members who shall be appointed by the Governor as follows: four members shall be practicing licensed learning consultants, two from the public sector and two from the private sector; two members shall be representatives from the Higher Education Council for Learning Disabilities; and one member shall be a representative from the Board of the New Jersey Association of Learning Consultants.

b. In order to be eligible to serve as a member of the board, an individual shall meet the following qualifications:

(1) Be a resident of or employed in this State;

(2) Be a member of or have professional standing equivalent to that required for classification as a member of the Association of Learning Consultants; and

(3) For at least the five years immediately prior to appointment to the board, be actively engaged as a learning consultant in one or more phases or branches of learning consulting, including full-time involvement in this activity in this State during the two-year period preceding the appointment to the board.

c. The board shall annually elect from its members a chairperson and a vice-chairperson.

7. (New section) The members of the board shall be appointed for terms of three years, except that the terms of the first seven members of the board shall be as follows: three members for a term of three years, three members for a term of two years, and one member for a term of one year. Vacancies shall be filled for the unexpired term in the manner provided by the original appointment. The Governor may remove any member of the board for cause, upon notice and opportunity to be heard.

The first appointees shall be deemed to be and shall become licensed learning consultants immediately upon their appointment and qualification as members of the board.

8. (New section) The members of the board, before entering the discharge of their activities, and within 30 days of their appointment, shall take and subscribe to an oath before an officer authorized to administer oaths in this State for the faithful performance of their duties and shall file the oath with the Secretary of State.

Regular meetings of the board shall be held at least once during each quarter of the year and special meetings may be held upon the call of the chairperson or at the written request of any two members of the board and four members of the board shall constitute a quorum.

9. (New section) The board shall have the following duties:

a. Adopt a seal to authenticate its records and proceedings;

b. Take disciplinary action, in accordance with P.L.1978, c.73 (C.45:1-14 et seq.), against any licensed learning consultant who violates the provisions of this act or any regulation promulgated thereunder;

c. Adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as it may deem necessary to administer the provisions of this act;

d. Prescribe rules pertaining to types and methods of examinations of applicants for licensure;

e. Examine and pass on the qualifications of applicants for licensure under this act, and issue a license to each qualified and successful applicant, attesting to his professional qualification to practice as a licensed learning consultant;

f. Conduct a review and examination of, ascertain the qualifications and fitness of, and pass upon the proficiency of applicants petitioning for licensure under section 12 of this act;

g. Keep records of its proceedings and a register of all persons to whom licenses have been granted, and a record of all license renewals, suspensions and revocations;

h. Maintain records of expenses incurred by members of the board in the performance of their duties;

i. To set standards for and approve continuing education programs; and

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

10. (New section) The members of the board shall serve without compensation. Members shall be reimbursed by the State Treasurer for their actual expenses arising out of their service on the board. All reimbursements shall be paid from the revenues of the board.

11. (New section) The director shall be empowered within the limits of available funds to hire any assistants as are necessary to administer this act.

12. (New section) The board shall issue a license as a "licensed learning consultant" to an applicant who furnishes satisfactory evidence to the board that the applicant:

a. Has had three years of successful teaching experience;

b. Possesses a master's degree from an accredited college;

c. Has completed a graduate program for the preparation of learning disabilities teacher-consultants approved by the State Department of Education;

d. Merits the public trust;

e. Has had the equivalent of two years supervised learning consulting experience in a professional learning consulting setting acceptable to the board; and

f. Has demonstrated professional competence in learning consulting by passing an examination, including written, oral, or situational aspects, or any combination thereof, and including questions involving theoretical and applied fields, as shall be approved and required by the board, and which shall be administered at least once each year.

13. (New section) For 18 months following the effective date of this act, any person who meets the qualifications set forth in subsections a., b., c., d. and e. of section 12 of this act may acquire a license as a licensed learning consultant without sitting for a board approved examination.

14. (New section) All applicants for licensure or renewals for licensure under this act shall pay a fee for the issuance or renewal. Fees shall be determined by the board. The revenue generated from these fees shall not exceed the operating costs incurred by the board under this act.

15. (New section) In addition to any other requirements for licensure at the time of renewal, an applicant shall:

a. Execute and submit a sworn statement made on a form provided by the board that the license for which renewal is sought has not been revoked, suspended or not renewed by the board; and

b. Comply with all continuing education requirements required by regulations adopted by the board.

16. (New section) The board may grant a license to any person who at the time of application is licensed or certified by an agency located in another state, territory or jurisdiction, if in the opinion of the board the requirements of that certification or licensure are substantially similar to the educational and experiential requirements of this act.

17. (New section) A learning consultant licensed pursuant to the provisions of this act shall not be required to disclose any confidential information that the learning consultant may have acquired from a client while performing services for that client unless:

a. Disclosure is required by other law of this State ;

b. Failure to disclose the information presents a clear and present danger to the health or safety of an individual;

c. The learning consultant is a party defendant to a civil, criminal or disciplinary action arising from the services provided, in which case a waiver of the privilege accorded by this section shall be limited to that action;

d. The client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses on that person's behalf; or

e. A client agrees to waive the privilege accorded by this section, and, in circumstances where more than one person in a family is receiving services, each such member agrees to the waiver. Absent a waiver from each family member, a learning consultant shall not disclose any information received from any family member.

18. Section 1 of P.L.1974, c.46 (C.45:1-3.1) is amended to read as follows:

1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage Counselor Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, [and] the State Board of Social Work Examiners and the State Board of Learning Consultants.

(cf: P.L.1991, c.134, s.17)

19. Section 2 of P.L.1978, c.73 (C.45:1-15) is amended to read as follows:

2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by or through such boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage Counselor Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, [and] the State Board of Social Work Examiners and the State Board of Learning Consultants.

(cf: P.L.1991, c.134, s.14)

20. This act shall take effect immediately but shall not be operative until the 180th day after enactment.

STATEMENT

This bill creates the State Board of Learning Consultants in the Division of Consumer Affairs in the Department of Law and Public Safety. The board shall consist of seven members who shall be appointed by the Governor. Four board members shall be practicing licensed learning consultants, two from the public sector and two from the private sector; two board members shall be representatives from the Higher Education Council for Learning Disabilities; and one board member shall be a representative from the Board of the New Jersey Association of Learning Consultants.

The bill provides for the regulation and licensing of learning consultants, establishing requirements and standards for licensing and administrative procedures. The bill establishes the definition of "practice of learning consulting," which means the rendering of professional learning consultant services to individuals, groups, organizations, corporations, institutions, government agencies or the general public for a fee or other personal gain involving the application of consulting procedures, which include, but are not limited to: assessing and analyzing an individual's learning characteristics with assessment instruments designed for that purpose, designing and implementing instructional strategies, planning educational programs, participating on multi-disciplinary teams, acting as an educational consultant to teachers, parents and other relevant professionals, providing and disseminating information to parents and professionals, and conducting social skills learning groups for children who have learning disabilities or social skills deficits.

This bill also establishes fees for those licensed under this bill and incorporates the terms of the law on fees of professional boards, P.L.1974, c.46 (C.45:1-3.1 et seq.), and the uniform enforcement and procedure act, P.L.1978, c.73 (C.45:1-14 et seq.), for enforcement of standards and punishment of violations. Furthermore, certain counseling professions and other consulting activities are exempted from the board's regulation.

In addition, the bill provides that the board shall have the following duties:

a. Adopt a seal to authenticate its records and proceedings;

c. Adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as it may deem necessary to administer the provisions of this act;

d. Prescribe rules pertaining to types and methods of examinations of applicants for licensure;

f. Conduct a review and examination of, ascertain the qualifications and fitness of, and pass upon the proficiency of applicants petitioning for licensure;

g. Keep records of its proceedings and a register of all persons to whom licenses have been granted, and a record of all license renewals, suspensions and revocations;

h. Maintain records of expenses incurred by members of the board in the performance of their duties;

i. To set standards for and approve continuing education programs; and

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

To be eligible for licensure as a licensed learning consultant, an applicant must furnish satisfactory evidence to the board that the applicant meets the following qualifications:

a. Has had three years of successful teaching experience;

b. Possesses a master's degree from an accredited college;

c. Has completed a graduate program for the preparation of learning disabilities teacher-consultants approved by the State Department of Education;

d. Merits the public trust;

e. Has had the equivalent of two years supervised learning consulting experience in a professional learning consulting setting acceptable to the board; and

For 18 months following the effective date of this act, the bill provides that any person who meets the aforementioned qualifications may acquire a license as a licensed learning consultant without sitting for a board approved examination. Similarly, the bill permits the board to grant a license to any person who at the time of application is licensed or certified by an agency located in another state, territory or jurisdiction, if in the opinion of the board the requirements of that certification or licensure are substantially similar to the educational and experiential requirements contained in this bill.

"Learning Consultants Licensing Act"