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A2289
ASSEMBLY, No. 2289
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman MARGIE DONLON, M.D.
District 11 (Monmouth)
Assemblywoman� MARISA SWEENEY
District 25 (Morris and Passaic)
Assemblywoman� KATIE BRENNAN
District 32 (Hudson)
Co-Sponsored by:
Assemblyman Azzariti Jr., Assemblywomen Drulis, Haider and
Speight
SYNOPSIS
���� Establishes certain protections for health care
professionals who receive behavioral health care and apply for State licensure.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning health care professionals and supplementing
Title 45 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� The Legislature finds and
declares that:
���� a.���� The 2023 Vital Signs
report from the federal Centers for Disease Control describes a healthcare
workforce in crisis, with more days of poor mental health than any other
workforce and increasing levels of burnout. Concrete action must be taken to
support our healthcare workforce, who are critical to a healthy, productive
state.
���� b.��� The Federation of State
Medical Boards, the American Medical Association, the American Hospital
Association, the American Psychiatric Association, and the National Institute
for Occupational Safety and Health recommend against overly broad and invasive
mental health questions on State healthcare worker licensing applications. Such
questions on licensing applications for healthcare workers are shown to be
ineffective at protecting the public and may violate the federal Americans with
Disabilities Act. Moreover, these disclosures result in a pervasive and
well-documented stigma that prevents clinicians from seeking mental health
care.
���� c.���� In recognition of the
barriers that these questions pose to a healthy and high-performing healthcare
workforce, the majority of states have adopted language on their medical
licensing applications that eliminates stigmatizing and invasive language.
���� d.��� Best practices exist for
the recommended language change and technical advice on language changes is
available through nationally operating non-profit organizations such as the Dr.
Lorna Breen Heroes� Foundation, limiting the regulatory burden on licensing
boards who change to be consistent with best practices. Other states have
changed State licensing language by State law, such as Virginia�s HB 1573. This
bill is intended to remove invasive and stigmatizing language from New Jersey�s
healthcare licensing applications and promote mental health care for our
healthcare workforce.
���� 2.� As used in this act:
���� �Applicant� refers to any
individual applying for licensure or renewal as a licensed health care
professional in the State of New Jersey.
���� �Behavioral health� refers to
a mental health condition or substance use disorder, and other related
disorders and conditions.
���� �Behavioral health care� refers
to the prevention, diagnosis, and treatment of mental health conditions,
substance use disorders, and other related disorders or conditions.
���� �Licensed health care
professional� means a person licensed or otherwise authorized pursuant to Title
45 or Title 52 of the Revised Statutes to practice a health care profession
that is regulated by the Director of the Division of Consumer Affairs in the
Department of Law and Public Safety or by one of the following boards:� the
State Board of Medical Examiners, the New Jersey Board of Nursing, the New
Jersey State Board of Dentistry, the Physician Assistant Advisory Committee,
the New Jersey State Board of Optometrists, the New Jersey State Board of
Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining
Board, the State Board of Physical Therapy, the State Board of Respiratory
Care, the Orthotics and Prosthetics Board of Examiners, the State Board of
Psychological Examiners, the State Board of Examiners of Ophthalmic Dispensers
and Ophthalmic Technicians, the Audiology and Speech-Language Pathology
Advisory Committee, the State Board of Marriage and Family Therapy Examiners,
the Occupational Therapy Advisory Council, and the Certified Psychoanalysts
Advisory Committee.
���� 3.� a.� During the licensing
or license renewal process, no State board or agency shall inquire into an
applicant�s history of receiving behavioral health care, except when inquiring
about a behavioral health condition that impairs the applicant�s ability to
practice health care safely pursuant to subsection c. of this section.
���� b.� A State board or agency
shall limit any questions on any licensing or license renewal forms concerning
the applicant�s behavioral health to inquiries about current impairments
affecting the ability to perform the essential functions of the professional
role with reasonable skill and safety.
���� c.� A State board or agency
may inquire whether an applicant has a current health condition, including a
behavioral health condition, that impairs the applicant�s ability to practice
health care safely.�
���� d.� Any inquiry made pursuant
to subsection c. of this section shall include assurances that the applicant
will not face board or agency action if the applicant is receiving treatment
for a behavioral health care condition and not currently impaired.���������� Any
inquiry responses related to past or current behavioral health care provided to
an applicant shall remain confidential and, if there is no impairment to the
applicant�s ability to practice safely, such responses shall not be used as the
sole basis for denial of licensure or license renewal or imposition of a
requirement by the board or agency that the applicant participate in a
treatment program as a condition of licensure.
���� 4.� The Department of Health,
in collaboration with the Division of Consumer Affairs in the Department of Law
and Public Safety, shall provide training to the members of each State
licensing board and agency and the board and agency�s staff on how to handle
behavioral health disclosures in a non-stigmatizing manner.�� Such training
shall include education on the importance of behavioral health care and the
barriers that stigma creates in accessing care.
���� 5.� This act shall take effect
on the 90th day after the date of enactment.
STATEMENT
���� This bill establishes certain
protections for health care professionals who receive behavioral health care
and are seeking State licensure as health care professionals.� This bill is
intended to encourage healthcare professionals to seek behavioral health care without
fear of licensing repercussions.� The bill aims to strike a balance between
ensuring patient safety and encouraging healthcare professionals to seek
behavioral health treatment.
���� Under the bill, no State board
or agency that licenses health care professionals in the State is permitted to
inquire into an applicant�s history of receiving behavioral health care during
the licensing or license renewal process, except when inquiring about a behavioral
health condition that impairs the applicant�s ability to practice health care
safely.� A State board or agency will limit any questions on any licensing or license
renewal forms concerning the applicant�s behavioral health to inquiries about
current impairments affecting the applicant�s ability to perform the essential
functions of the professional role with reasonable skill and safety.�
���� A State board or agency may
inquire whether an applicant has a current health condition, including a
behavioral health condition that impairs the applicant�s ability to practice
health care safely.� Such inquiry must include assurances that the applicant will
not face board or agency action if the applicant is receiving treatment for a
behavioral health care condition and not currently impaired. �Any inquiry
responses related to past or current behavioral health care provided to an
applicant will remain confidential and, if there is no impairment to the
applicant�s ability to practice safely, such responses will not be used as the
sole basis for denial of licensure or license renewal or imposition of a
requirement by the board or agency that the applicant participate in a
treatment program as a condition of licensure.
���� The bill requires the Division
of Consumer Affairs in the Department of Law and Public Safety, in
collaboration with the Department of Health, to provide training to each State
licensing board and agency and the board and agency�s staff on how to handle
behavioral health disclosures in a non-stigmatizing manner.