SECTION 86:16-7-1. Fitness of applicants  


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  • (a)   Purpose. The purpose of this section is to establish the fitness of an applicant as one of the criteria for approval for licensure as an LMFT and to set forth the criteria by which the Commissioner, through the recommendations of the Advisory Board, will determine the fitness of applicants.
    (b)   Fitness for licensure. Any of the following items related to the applicant may be, as the Commissioner determines, the basis for the denial of or delay of licensure of the applicant.
    (1)   Lack of necessary skills and abilities to provide adequate services.
    (2)   Misrepresentation on the application or other materials submitted to the Department.
    (3)   A violation of the Code of Ethics of the professional discipline espoused by the applicant.
    (4)   Any violation of the Board rules in effect at the time of application which is applicable to an unlicensed person.
    (c)   Materials considered to determine fitness.
    (1)   Materials considered to determine fitness of skills and abilities include:
    (A)   Evaluations of supervisors or instructors.
    (B)   Statements from persons submitting references for the applicant.
    (C)   Evaluations of employers and/or professional associaions.
    (2)   Materials considered to determine fitness of professional conduct includes:
    (A)   Allegations of clients.
    (B)   Transcripts or other findings from official court, hearing or investigative proceedings.
    (C)   Any other information which the Department considers pertinent to determining the fitness of applicants.
[Source: Transferred from 310:400-7-1 by Laws 2013, c. 229, § 3(F), eff 11-1-13 (see Editor’s Note at beginning of this Chapter)]