Bill Text: NJ SCR142 | 2010-2011 | Regular Session | Introduced
Bill Title: Declares State Board of Marriage and Family Therapy Examiners regulation inconsistent with legislative intent of statute that it purports to implement; prescribes corrective action.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-11 - Introduced in the Senate, Referred to Senate Commerce Committee [SCR142 Detail]
Download: New_Jersey-2010-SCR142-Introduced.html
SENATE CONCURRENT RESOLUTION No. 142
STATE OF NEW JERSEY
214th LEGISLATURE
INTRODUCED JANUARY 11, 2011
Sponsored by:
Senator SEAN T. KEAN
District 11 (Monmouth)
SYNOPSIS
Declares State Board of Marriage and Family Therapy Examiners regulation inconsistent with legislative intent of statute that it purports to implement; prescribes corrective action.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution declaring a regulation of the State Board of Marriage and Family Therapy Examiners to be inconsistent with the legislative intent of section 7 of P.L.1993, c.340.
Whereas, Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey provides that the Legislature may review any rule or regulation of an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature and, upon a finding that the rule or regulation is not consistent with legislative intent, may transmit such finding to the Governor and the head of the agency; and
Whereas, Section 7 of P.L.1993, c.340 (C.45:8B-40), sets forth requirements that an applicant must complete to apply for licensure as a licensed professional counselor; and
Whereas, The State Board of Marriage and Family Therapy Examiners has issued a regulation (N.J.A.C.13:34-11.2) to require, as a condition of licensure, on or after October 5, 2012, that an applicant must obtain a master's degree or doctorate from a counseling degree program accredited, at the time of the applicant's graduation, by the Council on the Accreditation of Counseling and Related Programs (CACREP) or its successor; and
Whereas, Testimony at the March 23, 2010 meeting of the Executive's Red Tape Review Group indicated that no other state mandates a CACREP accredited degree as the sole criteria for licensure and adoption of this regulation would potentially decrease consumer access to licensed professional counselors and increase costs to consumers; and
Whereas, It therefore appears the requirement that an applicant for licensure as a licensed professional counselor obtain a master's degree or doctorate from a counseling degree program accredited by CACREP is in conflict with the stated policy of the Legislature in the "Professional Counselor Licensing Act" to protect the public safety and welfare of residents of this State; now, therefore,
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. The Legislature declares that, in the State Board of Marriage and Family Therapy Examiners regulation concerning educational requirements for applicants for licensure as a professional counselor (N.J.A.C.13:34-11.2), the provision requiring an applicant for licensure as a licensed professional counselor obtain a master's degree or doctorate from a counseling degree program accredited by the Council on the Accreditation of Counseling and Related Programs is not consistent with Legislative intent.
2. A copy of this concurrent resolution, signed by the President of the Senate and the Speaker of the General Assembly, and attested by the Secretary of the Senate and the Clerk of the General Assembly, shall be transmitted to the Governor and to the members of the State Board of Marriage and Family Therapy Examiners.
3. The State Board of Marriage and Family Therapy Examiners is advised that the failure of the board to amend or withdraw the regulation within 30 days in accordance with the legislative declaration of section 1 hereof may subject the rule to legislative invalidation pursuant to Article V, Section IV, paragraph 6 of the State Constitution.
STATEMENT
This concurrent resolution expresses the declaration of the Legislature that the requirement under the State Board of Marriage and Family Therapy Examiners regulation concerning the requirement that an applicant for licensure as a licensed professional counselor obtain a master's degree or doctorate from a counseling degree program accredited by the Council on the Accreditation of Counseling and Related Programs is not consistent with Legislative intent.
