Running head: COUNSELING RELATED NEW JERSEY LAW

Counseling Related New Jersey Law

Ryan Rienzo
Wake Forest University

COUNSELING RELATED NJ LAW

Counseling Related New Jersey Law

Professional counselors have a responsibility to abide by legal and ethical standards set
forth by state and federal government. Legal responsibilities and accountabilities that come with
the profession differ from state to state. Due to this, it is imperative that counselors are educated
on the laws, statutes and/or regulations that govern the practice of counseling in their respective
state. This enables the counselor to practice legally and ethically under state law. This paper will
outline the state laws related to Professional Counseling in New Jersey.
Licensure requirements:
The State of New Jersey requires professional counselors to go through a specific
licensing process. Pursuant to N.J Admin. Code 13.34- 11.2 (2015), a minimum of 60 graduate
semester hours must be completed in a CACREP accredited masters or doctoral counseling
program. Of the 60 graduate semester hours, at least 45 hours should be in: counseling theory
and practice; helping relationships; human growth and development; lifestyle and career
development; groups; appraisals of individuals; social and cultural foundations; research and
evaluation; and the counseling profession.
To become licensed at the associate level, you must take the National Counselor
Examination (NCE). One must work under supervision until the requisite number of hours for
professional licensure is acquired. Masters level licensed associate counselors (LACs) need
4,500 hours obtained over a period of time between three to six years. If the LAC has 30
additional hours of counseling coursework beyond a masters, 3,000 hours would be sufficient.
Practicum and internship experiences may be considered for hours if they exceeded the
educational requirements. Pursuant to N.J Admin. Code 13.34- 12.1 (2015) once the required
number of hours are complete the applicant must take and pass either the National Counselor

COUNSELING RELATED NJ LAW

Examination (NCE) or the Clinical Mental Health Counseling Examination (CMHCE) to

become a licensed professional counselor.
Scope of Practice:
The scope of practice for counselors in the state of New Jersey is defined by N.J Admin.
Code 13:34 10.3 (2015). According to the administrative code, counseling involves applying
mental health and human development principles in order to facilitate human development and
adjustment throughout the lifespan. Counselors in New Jersey are permitted to clinically assess
and evaluate mental, emotional, behavioral and associated distresses that interfere with mental
health and development, as well as conduct assessments and evaluations in order to plan,
implement, and evaluate counseling interventions. Counselors may also engage in various
counseling procedures. Procedures include appraisal, assessment, counseling, consulting,
referral, and research.
Record Keeping:
In regard to the preparation and maintenance of client records, pursuant to N.J Admin.
Code 13:34-18.1 (2015), a licensed professional counselor in New Jersey must prepare a
permanent client record for each client that accurately reflects the clients contact with the
counselor and services provided. The record must include material pertinent to the nature and
extend of the professional interactions, specifically; the client name, address and telephone
number; the client complaint on intake; medical history; past and current medications; social
history; findings on appropriate examination; raw data and interpretation of administered tests;
current functional impairments and rating levels thereof; a diagnostic impression; session notes
including specific components of treatment, evaluation or consultation; dates of all treatment,
evaluation or consultation sessions; the location of treatment, evaluation or consultation; an

COUNSELING RELATED NJ LAW

evaluation of progress; a prognosis; the client identity on each page; fees charges and paid; the
identity of each provider of treatment, evaluation or consultation; and information regarding
referrals to other professionals.
If a correction needs to be made to the existing record for any reason, the change is
permitted provided that each change is clearly identified as such, dated and initiated by the
licensed counselor. When records are maintained as confidential, the counselor must establish
and maintain a procedure to protect the records from unauthorized parties. Unless otherwise
specified by the law, the client record will be kept for at least seven years from the date of the
last entry. If the licensed counselor uses a computer to prepare client records they must use a
write-protected program.
Confidentiality:
Another important legal aspect of counseling in New Jersey is confidentiality. According to
N.J Admin. Code 13:34-18.1 (2015), a licensed counselor should preserve the confidentiality of
any information obtained from a client during counseling services. Although counselor-client
communication is privileged there are some exceptions and specific circumstances in which
confidentiality can be breeched. Those circumstances include; if disclosure is required by Federal
or State law or regulation or by the courts; if the counselor is provided with information that the
client is presenting a clear and present danger to themselves or others; if abuse or neglect of a
minor or dependent adult is suspected; or if the client agrees, in writing, to waive this privilege.
Confidentiality also survives the death of the client. The counselor should retain a deceased
clients records for at least seven years from the date of the last entry.
If the client is a minor, their parent or guardian will be deemed as their authorized
representative and thus be privy to information discussed within counseling. The counselor is not

COUNSELING RELATED NJ LAW

required to release to a minors parent or guardian records or information related to the minors
termination of pregnancy, substance abuse, sexually transmitted disease, or any information that
in the counselors professional judgment may adversely affect the minors health or welfare. At
least one parent or guardian must consent to the treatment of a minor.
Reporting Abuse or Neglect:
New Jersey has very strict laws regarding reporting abuse or neglect. The state of New
Jersey defines abuse as the unnecessary infliction of suffering or pain, mental or physical, upon a
child. State of New Jersey, v. Patricia L. Hill and David Stamps 232 N.J. Super. 353, (Law
Division 1989). N.J.S.A 9:6- 8.10 requires any person, including counselors, who have
reasonable cause to believe that a child is being abused to report their suspicion immediately to
the Division of Youth and Family Services. The reporter should include the name and address of
the child, the childs parent or guardian, the childs age, any injuries, abuse, or maltreatment, and
any other helpful information related to the child or perpetrator. The state law also requires
individuals to report the abuse or neglect of an elderly person. Any person who has reasonable
cause to suspect or believe that an elderly person has been abused or exploited shall report such
information in a timely manner to the appropriate social service agency.
Final Thoughts:
As a future counselor in the state of New Jersey, I am glad to know that there are solid
laws, statues, and regulations in place to aid me in my future practice. I realize how imperative it
is to be up to date and aware of the laws within the state you practice. I am now well versed on
the state laws related to professional counseling in New Jersey and my legal responsibilities
related to those laws. The establish legal framework set forth by the state combined with the
ACA Code of Ethics enables me to practice both legally and ethically as a counselor.

COUNSELING RELATED NJ LAW

References
New Jersey Legislature. (2015). General Statute 2A: 62A-16. Retrieved November
13, 2015, from http://www.njleg.state.nj.us/
New Jersey Legislature. (2015). General Statute 2A: 62A-17. Retrieved
November 13, 2015, from http://www.njleg.state.nj.us/
New Jersey Legislature. (2015) General Statute 9:6-8.9. Retrieved November 13, 2015, from
https://njsca.org/pdf/section5.pdf
New Jersey Legislature. (2015) General Statute 9:6-8.10. Retrieved November 13, 2015, from
https://njsca.org/pdf/section5.pdf
New Jersey Office of Administrative Law. (2015) N.J Admin. Code 13.34- 10.2. Retrieved
November 14, 2015, from http://www.njconsumeraffairs.gov/regulations/Chapter-34Subchapters-10-30-Professional-Counselors.pdf
New Jersey Office of Administrative Law. (2015) N.J Admin. Code 13.34- 10.3. Retrieved
November 14, 2015, from http://www.njconsumeraffairs.gov/regulations/Chapter-34Subchapters-10-30-Professional-Counselors.pdf
New Jersey Office of Administrative Law. (2015) N.J Admin. Code 13.34- 11.2. Retrieved
November 14, 2015, from http://www.njconsumeraffairs.gov/regulations/Chapter-34Subchapters-10-30-Professional-Counselors.pdf
New Jersey Office of Administrative Law. (2015) N.J Admin. Code 13.34- 11.3. Retrieved
November 14, 2015, from http://www.njconsumeraffairs.gov/regulations/Chapter-34Subchapters-10-30-Professional-Counselors.pdf
New Jersey Office of Administrative Law. (2015) N.J Admin. Code 13.34- 11.4. Retrieved

COUNSELING RELATED NJ LAW

November 14, 2015, from http://www.njconsumeraffairs.gov/regulations/Chapter-34Subchapters-10-30-Professional-Counselors.pdf
New Jersey Office of Administrative Law. (2015) N.J Admin. Code 13.34- 11.5. Retrieved
November 14, 2015, from http://www.njconsumeraffairs.gov/regulations/Chapter-34Subchapters-10-30-Professional-Counselors.pdf
New Jersey Office of Administrative Law. (2015) N.J Admin. Code 13.34- 11.6. Retrieved
November 14, 2015, from http://www.njconsumeraffairs.gov/regulations/Chapter-34Subchapters-10-30-Professional-Counselors.pdf
New Jersey Office of Administrative Law. (2015) N.J Admin. Code 13.34- 18.1. Retrieved
November 14, 2015, from http://www.njconsumeraffairs.gov/regulations/Chapter-34Subchapters-10-30-Professional-Counselors.pdf

New Jersey Office of Administrative Law. (2015) N.J Admin. Code 13.34- 18.2. Retrieved
November 14, 2015, from http://www.njconsumeraffairs.gov/regulations/Chapter-34Subchapters-10-30-Professional-Counselors.pdf
New Jersey Office of Administrative Law. (2015) N.J Admin. Code 13.34- 18.3. Retrieved
November 14, 2015, from http://www.njconsumeraffairs.gov/regulations/Chapter-34Subchapters-10-30-Professional-Counselors.pdf
New Jersey Office of Administrative Law. (2015) N.J Admin. Code 13.34- 18.5. Retrieved
November 14, 2015, from http://www.njconsumeraffairs.gov/regulations/Chapter-34Subchapters-10-30-Professional-Counselors.pdf
New Jersey Office of Administrative Law. (2015) N.J Admin. Code 13.34- 18.6. Retrieved

COUNSELING RELATED NJ LAW

November 14, 2015, from http://www.njconsumeraffairs.gov/regulations/Chapter-34Subchapters-10-30-Professional-Counselors.pdf
New Jersey Office of Administrative Law. (2015) N.J Admin. Code 13.34- 18.7. Retrieved
November 14, 2015, from http://www.njconsumeraffairs.gov/regulations/Chapter-34Subchapters-10-30-Professional-Counselors.pdf