N.J. Admin. Code § 13:42B-5.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:42B-5.2 - Delegation to a paraprofessional technician

(a) A licensee may delegate the performance of interventions in a treatment plan to a paraprofessional technician.

(b) A licensee shall not delegate the assessment of a client, the development of a treatment plan, or the development of interventions to a paraprofessional technician.

(c) A licensee shall not delegate an intervention if, after assessing whether an intervention should be delegated, the licensee determines that such delegation would be inappropriate.

(d) A licensee is responsible for the care a client receives pursuant to the licensee's direction and the outcomes of care, even when a licensee has delegated to a paraprofessional technician.

(e) When delegating an intervention that will be performed by paraprofessional technicians employed by, or contracted to perform duties in, a facility licensed by the Department of Children and Families, Department of Health, or Department of Human Services, a licensee shall:

1. Assess the needs of the client;

2. Determine what interventions may be safely and appropriately delegated to paraprofessional technicians employed by, or contracted to perform duties in, the facility;

3. Identify the individual who will supervise the paraprofessional technicians performing delegated interventions;

4. Evaluate and delegate in accordance with facility policies and procedures that address the knowledge and skill of paraprofessional technicians to perform delegated interventions;

5. Communicate to the individual who will supervise paraprofessional technicians performing delegated interventions, the directions for delegated interventions, and expectations for those interventions;

6. Establish the methods by which the individual who will supervise paraprofessional technicians will communicate the delegated interventions and expectations to the paraprofessional technicians who will perform the delegated interventions;

7. Establish the methods by which the individual who will supervise paraprofessional technicians will communicate with the licensee and the instances that will require such an individual to communicate with the licensee; and

8. Document in facility records that the licensee has gone through the steps required at (e)1 through 7 above.

(f) When delegating an intervention in any setting that is not a facility licensed by the Department of Children and Families, Department of Health, or Department of Human Services, a licensee shall:

1. Assess the needs of the client;

2. Determine what interventions may be safely and appropriately delegated to a paraprofessional technician;

3. Identify the paraprofessional technician to whom the licensee will delegate performance of the interventions;

4. Evaluate the knowledge and skills of the paraprofessional technician selected to perform the interventions through direct observation;

5. Communicate to the paraprofessional technician the intervention that is being delegated, the directions for that intervention, and the expectations for that intervention;

6. Establish the methods by which the paraprofessional technician will communicate with the licensee and the instances that will require the paraprofessional to communicate with the licensee; and

7. Document in client records the paraprofessional technician to whom interventions were delegated and the interventions that have been delegated.

(g) The requirements of this section apply solely to delegation. These requirements are not applicable when a licensee assigns applied behavior analysis services to another licensee or to a licensed health care professional whose scope of practice includes the provision of such services. For purposes of this subsection, "assign" means a decision-making process by which a licensee allocates work to another licensee or licensed healthcare practitioner whose scope of practice includes the provision of applied behavior analysis services.

N.J. Admin. Code § 13:42B-5.2

Adopted by 56 N.J.R. 782(a) effective 5/6/2024