[Passed Both Houses]
ASSEMBLY, No. 2982
STATE OF NEW JERSEY
INTRODUCED MAY 12, 1997
By Assemblymen DeSOPO, DORIA, Cohen,
Senators Palaia and O'Connor
An Act concerning certain persons certified by the Department of Education and amending P.L.1966, c.282 and P.L.1991, c.134.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1966, c.282 (C.45:14B-6) is amended to read as follows:
6. Any individual who is not a licensed practicing psychologist shall not be limited in his activities:
(a) As part of his duties as an employee of:
(1) an accredited academic institution, a Federal, State, county or local governmental institution or agency, or a research facility while performing those duties for which he was employed by such an institution, agency or facility;
(2) a business organization, while performing those duties for which he was employed by such an organization, and providing the purposes of such an organization do not include the offer to practice, or the practice of, psychology as defined in section 2(b) of this act;
(3) an organization which is nonprofit and which is, in the opinion of the board, a bona fide community agency, while performing those duties for which he was employed by such an agency under the direct supervision of a licensed practicing psychologist. For the purposes of this subsection a "community agency" means a nonprofit organization supported wholly or in a major part by public funds.
(b) As required by his employer to the pupils, students or other normal clientele within the scope of his employment but not to the general public, provided he is employed by a private elementary or secondary school that requires its psychologists to be certified as school psychologists by the New Jersey State Department of Education.
(c) As a student of psychology, psychological intern or person preparing for the practice of psychology under qualified supervision in a training institution or facility recognized by the board provided he is designated by such titles as "psychological intern," "psychological trainee" or others, clearly indicating such training status.
(d) As a practicing psychologist for a period not to exceed 10 consecutive business days or 15 business days in any 90-day period, if he resides outside, and his major practice is outside, of the State of New Jersey and gives the board a summary of his qualifications and a minimum of 10 days' written notice of his intention to practice in the State of New Jersey under this section 6(d), provided he (1) is certified or licensed in another State under requirements the board considers to be the equivalent of requirements for licensing under this act or (2) resides in a State which does not certify or license psychologists and the board considers his professional qualifications to be the equivalent of requirements for licensing under this act; and is not adjudged and notified by the board that he is ineligible for licensing under this act.
(e) As a practicing psychologist for a period not exceeding 1 year, if he has a temporary permit therefor which the board may issue upon his filing of an application for licensing under this act.
(f) As a practicing psychologist for a period not exceeding 3 years under the supervision of a licensed practicing psychologist or a person designated by the board as an eligible supervisor, if he has a temporary permit therefor which the board may issue upon his completion of all the requirements for licensing under this act except the supervised experience requirement.
(g) As a practicing psychologist certified as a school psychologist by the State Department of Education and performing services on behalf of a local school district to students for whom the school district is responsible to provide services.
(cf: P.L.1966, c.282, s.6)
2. Section 5 of P.L.1991, c.134 (C.45:15BB-5) is amended to read follows:
5. The provisions of this act shall not apply to the following persons:
a. A person authorized by the laws of this State to practice medicine and surgery, psychology, marriage counseling, chiropractic, acupuncture, physical therapy, occupational therapy, speech pathology and audiology, nursing or any other profession licensed by the State, when acting within the scope of the person's profession or occupation and doing work of a nature consistent with the person's training, if the person does not hold himself out to the public as possessing a license or certificate issued pursuant to this act;
b. A student enrolled in an educational program accredited, or in candidacy for accreditation, by the Council on Social Work Education, if the student is practicing as part of a supervised course of study and is clearly designated by the title "social work intern;"
c. A [primary, middle or secondary school social worker] person certified as a school social worker by the State Department of Education, but only [in the course of this employment and only when designated by the title "school social worker"] when performing services on behalf of a local school district to students for whom the school district is responsible to provide services;
d. A rabbi, priest, minister, Christian Science practitioner or clergyman of any religious denomination or sect, when engaging in activities, which are within the scope of the performance of the person's regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed, with or without charge, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally cognizable church, denomination, or sect, and when the person rendering services remains accountable to the established authority thereof;
e. A person engaged in the practice of alcohol or drug abuse intervention, prevention, or treatment if the person does not advertise or use any title, name, or description, the use of which is restricted by section 4 of this act;
f. An employee of the State or a political subdivision thereof which is subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes, but only in the course of this employment;
g. An employee of a nonprofit organization with a master's degree in a mental health discipline other than social work, who performs psychotherapeutic counseling under the supervision of a licensed clinical social worker or other State-licensed mental health professional; and
h. An employee or volunteer of a nonprofit organization who performs any social work service other than psychotherapeutic counseling, but only in the course of this employment or volunteer activity, and if the person does not advertise or use any title or name the use of which is restricted by section 4 of P.L.1991, c.134 (C.45:15BB-4).
(cf: P.L.1995, c.66, s.2)
3. This act shall take effect immediately.
This bill permits a person certified as a school psychologist by the Department of Education to perform services on behalf of a local school district to students for whom the school district is responsible to provide services. The bill also permits a person certified as a school social worker by the Department of Education to perform services on behalf of a local school district to students for whom the school district is responsible. The bill amends current law so that local boards of education may utilize the services of certified, but unlicensed, school psychologists and social workers by selecting from various service providers in providing services to nonpublic school students.
Permits certified school psychologists and social workers to provide certain services for nonpublic school students.