45:14B-1. Short title
This act shall be known and may be cited as the "Practicing Psychology Licensing Act."
L.1966, c. 282, s. 1.
...
45:14B-31. Definitions
As used in this act:
a. "Administrative information" means a patient's name, age, sex, address, educational status, identifying number, date of onset of difficulty, date of initial consultation, dates and character of sessions (individual or group), and fees;
b. "Diagnostic information" means therapeutic characterizations which are of the types that are found in the Diagnostic and Statistical Manual of Mental Disorders (DSM III), of the American Psychiatric Association, or other professionally recognized diagnostic manual;
c. "Disclose" means to communicate any information in any form;
d. "Independent professional review committee" means that group of licensed psychologists established pursuant to section 14 of this act by the State Board of Psychological Examiners;
e. "Third-party payor" means any provider of benefits for psychological services, including but not limited to insurance carriers and employers, whether on an indemnity, reimbursement, service or prepaid basis, but excluding
governmental agencies;
f. "Usual, customary or reasonable." In applying this standard the following definitions are applicable:
(1) "Usual" means a practice in keeping with the particular psychologist's general mode of operation;
(2) "Customary" means that range of usual practices provided by psychologists of similar education, experience, and orientation within a similar geographic or socioeconomic area;
(3) "Reasonable" means that there is an acceptable probability that the patient will realize a significant benefit from the continuation of the psychological treatment.
In applying the standards of "usual, customary, and reasonable," the following guidelines are applicable: If a psychological treatment is "usual" or "customary," an inference that the treatment is also "reasonable" is warranted. If the treatment is neither "usual" nor "customary," then it shall satisfy the criterion of "reasonable."
L. 1985, c. 256, s. 1.
Read it out loud. At the risk of sounding crazy, I want to say publicly that I think you'll agree with me that the last sentence of 45:14B-31 f. (3) should read:
"If the treatment is neither "usual" nor "customary," then it shall not satisfy the criterion of "reasonable."
Source: State Board of Psychological Examiners Laws - PDF file - posted 1/8/09 page 7-8
