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S3751
SENATE, No. 3751
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 5, 2026
Sponsored by:
Senator� ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
���� Requires suspension of certification of
homemaker-home health aides under certain circumstances.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the certification of homemaker-home health aides and amending
P.L.1947, c.262.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 2 of P.L.1947,
c.262 (C.45:11-24) is amended to read as follows:
���� 2.��� a.�� The board;
appointment; terms.���� In addition to the members appointed to represent the
interests of the public pursuant to P.L.1971, c.60 (C.45:1-2.1 et seq.), the
New Jersey Board of Nursing shall consist of 12 members, six of whom shall be
registered professional nurses, two of whom shall be licensed practical nurses,
two of whom shall be nurse educators, one of whom shall be an advanced practice
nurse, and one of whom shall be an additional public member, all to be
appointed by the Governor. Appointments to the board shall be for terms of five
years or for the unexpired portion of a term in the case of a vacancy for any
cause within a term, and until a successor shall be appointed and qualified.�
In making appointments the Governor shall give due consideration to, but shall
not be bound by, recommendations submitted by the various nurses' professional
associations of this State.� Upon notice and hearing, the Governor may remove
from office any member of the board for neglect of duty, incompetency,
unprofessional or dishonorable conduct.
���� b.��� Qualifications for
appointment.��� The advanced practice nurse member shall be a resident of this
State, shall be a graduate of an accredited advanced practice nurse program,
shall have had at least five years' experience in professional nursing, shall
at the time of appointment be actively working as an advanced practice nurse,
and, except for the member first appointed, shall hold a certification as an
advanced practice nurse pursuant to P.L.1991, c.377 (C.45:11-45 et al.).� Each
registered professional nurse member of the board shall be a citizen of the
United States and a resident of this State; shall be a graduate of an
accredited school of nursing within the United States; shall be a registered
nurse in this State; shall have had at least five years' experience in
professional nursing following graduation from an accredited school of nursing;
and shall at the time of appointment be actively engaged in nursing or work
relating thereto. The licensed practical nurse members of the board shall be
citizens of the United States and residents of this State; shall hold a valid
license to practice practical nursing in this State; shall have had at least
three years' experience in practical nursing; and shall at the time of
appointment be actively engaged in practical nursing or work related thereto. Each
nurse educator member of the board shall be a resident of this State, shall be
a registered nurse in this State, shall have at least five years' experience in
professional nursing, and shall have been active as an educator or
administrator in an approved program to train registered nurses.
���� c.���� Oath or affirmation of
office.��� Within 30 days after receipt of the commission, each appointee shall
take, subscribe and file in the office of the Secretary of State the oath or
affirmation prescribed by law.
���� d.��� Duties and powers.���� The
board shall have the following duties and powers: (1) It shall hold annual
meetings and such other meetings as it may deem necessary at such times and
places as the board shall prescribe and a majority of the board including one
officer shall constitute a quorum. (2) It shall elect from its members and
prescribe the duties of a president and secretary-treasurer, each of whom shall
serve for one year and until a successor is elected. (3) It shall appoint and
prescribe the duties of an executive secretary to the board who need not be a
member thereof but who shall be a citizen of the United States, a graduate of a
college or university with a major in nursing education, a registered nurse of
this State with at least five years' experience in teaching or administration
or both in an accredited school of professional nursing, or have equivalent
qualifications as determined by the board. The executive secretary shall hold
office during the will and pleasure of the board. (4) It shall employ and
prescribe the duties of such persons as in its judgment shall be necessary for
the proper performance and execution of the duties and powers of the board.�
(5) It shall determine and pay reasonable compensation and necessary expenses
of the executive secretary and all employees of the board. (6) It shall pay to
each member of the board the compensation hereinafter provided. (7) It shall
have a common seal, keep an official record of all its meetings, and through
its secretary-treasurer report annually to the Governor the work of the board.
(8) It shall examine applicants for a license or renewals thereof, issue,
renew, revoke and suspend licenses, as hereinafter provided. (9) It shall in
its discretion investigate and prosecute all violations of provisions of this
act. (10) It shall keep an official record which shall show the name, age,
nativity and permanent place of residence of each applicant and licensee and
such further information concerning each applicant and licensee as the board
shall deem advisable.� The record shall show also whether the applicant was
examined, licensed or rejected under this and any prior act. Copies of any of
the entries of the record or of any certificate issued by the board may be
authenticated by any member of the board under its seal and when so
authenticated shall be evidence in all courts of this State of the same weight
and force as the original thereof. For authenticating a copy of any entry or
entries contained in its record the board shall be paid a fee of $3.00, but
such authentication, if made at the request of any public agency of this or any
other jurisdiction, may be without fee. (11) In its discretion it may publish
at such times as it shall determine a list of nurses licensed under this act, a
list of schools of nursing accredited or approved under this act, and such
other information as it shall deem advisable. (12) It shall prescribe standards
and curricula for schools of nursing and evaluate and approve courses for
affiliation. (13) It shall hear and determine applications for accreditation of
schools of professional nursing, conduct investigations before and after
accreditation of such schools and institutions with which they are affiliated,
and issue, suspend or revoke certificates of accreditation as hereinafter
provided. (14) It shall approve schools of practical nursing which shall
conform to the standards, curricula, and requirements prescribed by the board,
and suspend or revoke approval for violations thereof; provided, that this
power shall not extend to schools operated by any board of education in this
State.� (15) It may consult with the Medical Society of New Jersey and the New
Jersey Hospital Association with respect to any matter relating to the
administration of this act and shall consult with those associations with
respect to standards and curricula and any change thereof for schools of
nursing. (16) It shall issue subpoenas for the attendance of witnesses and
production of documents at any hearing before the board authorized by this act
and any member of the board shall administer an oath or affirmation to persons
appearing to give testimony at such hearings. (17) It may conduct any
investigations, studies of nursing and nursing education and related matters,
and prepare and issue such publications as in the judgment of the board will
advance the profession of nursing and its service to the public. (18) It shall
perform all other functions which are provided in this act to be performed by
it or which in the judgment of the board are necessary or proper for the administration
of this act. (19) It shall from time to time prescribe rules and regulations not
inconsistent with this act. (20) It shall prescribe standards and curricula for
homemaker-home health aide education and training programs which a
homemaker-home health aide shall complete in order to work in this State. (21)
It shall review applications to provide homemaker-home health aide training
programs and shall issue, suspend or revoke program approval. (22) It shall
establish and maintain a registry of all individuals who have successfully
completed a homemaker-home health aide training and competency evaluation
program. The board shall provide for the inclusion in the registry of
information about the disqualification of any person from certification as a
homemaker-home health aide pursuant to sections 7 through 13 of P.L.1997, c.100
(C.45:11-24.3 through 24.9), including the specific documented findings
constituting the basis for that disqualification; except that the information
shall indicate that the person was convicted of a crime or disorderly persons
offense as described in section 7 of P.L.1997, c.100 (C.45:11-24.3), but shall
not identify the conviction or convictions which constitute the basis for the
disqualification. (23) It shall prescribe standards and requirements for a
competency evaluation program resulting in certification of the homemaker-home
health aide, and the renewal, revocation, and suspension of that certification.
(24) It shall review applications for
[
homemaker
home-health
]
homemaker-home health
aide certification and shall issue, suspend,
revoke, or fail to renew certifications and conduct investigations pursuant to
the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). �
Notwithstanding any
provision of section 8 of P.L.1978, c.73 (C.45:1-21) to the contrary, it shall
defer consideration of an application for a certification, or withhold the
approval of an application for or renewal of a certification pursuant to the
provisions of P.L.1978, c.73 (C.45:1-14 et seq.), with respect to any person
who is a certified homemaker-home health aide, or is an applicant for
certification, and for whom the board has received the following: (a)
notification of a charge or complaint filed against the person by a law
enforcement agency that alleges abuse, neglect, or violence inflicted by the
person on a patient; or (b) credible evidence supporting an allegation of
abuse, neglect, or violence inflicted by the person on a patient, if the board
determines based on the nature of the allegation that certification or renewal
of that person�s certification would be inconsistent with the public�s health,
safety or welfare. The deferral of consideration or withholding of approval
based on subparagraph (a) or (b) of this paragraph shall remain in effect
pending the final disposition of any inquiry or investigation conducted by the
board, or pending the final disposition of any civil or criminal proceedings
resulting from a court action, except that in no case shall the deferral of
consideration or withholding of approval exceed 120 days unless the charge or
complaint as to which the board received notification as described in
subparagraph (a) remains pending or is extended for other good cause shown.
�
(25) It shall require that nursing school curricula include, and shall
prescribe standards for, the training of registered professional nurses in the
supervision of, and the delegation of nursing tasks to, unlicensed assistive
personnel, and shall further prescribe standards establishing the criteria for
determining those tasks which registered professional nurses may delegate to
unlicensed assistive personnel working under their supervision and the type of
supervision required with respect to those personnel. (26) It shall prescribe
standards and requirements for unlicensed assistive personnel, including
initial education and continuing education and a competency evaluation program,
which these personnel shall satisfy in order to work in this State. As used in
this paragraph and in paragraph (25) of this subsection, "unlicensed
assistive personnel" means any unlicensed or uncertified personnel
employed by a licensed health care facility that perform nursing tasks which do
not require the skill or judgment of a registered professional nurse and which
are assigned to them by, and carried out under the supervision of, a registered
professional nurse. (27) It may require licensees to meet continuing education
requirements as a condition of relicensure.
���� e.���� Compensation.�� Each
member of the board shall receive $15.00 per day for each day in which such
member is actually engaged in the discharge of duties and traveling and other
expenses necessarily incurred in the discharge of duties.
(cf: P.L.2017, c.125, s.1)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill requires the New
Jersey Board of Nursing to defer consideration or withhold the certification of
a homemaker-health aide under certain circumstances.
���� Homemaker-home health aides
are persons certified by the board who perform certain nursing tasks delegated
through the authority of a duly licensed registered professional nurse and are
employed by a home care services agency.� Homemaker-home health aides work in a
variety of assisted living residences, as well as the homes of individual
patients.� Current law requires criminal history background checks for all
certified homemaker-home health aides and disqualifies any certified person, or
any applicant for certification, if the person is found to have been convicted
of certain crimes and offenses.�
���� The bill requires the board to
defer consideration or withhold the approval of a certification or conditional
certification with respect to any person who is a certified homemaker-home
health aide or is an applicant for certification and for whom the board has
received the following: (1) notification of a charge or complaint filed against
the person by a law enforcement agency that alleges abuse, neglect, or violence
inflicted by the person on a patient; or (2) credible evidence supporting an
allegation of abuse, neglect, or violence inflicted by the person on a patient.�
The deferred consideration or withholding of approval of a certification or
conditional certification pursuant to the provisions of this bill must remain
in effect pending the final disposition of any inquiry or investigation
conducted by the board, or pending the final disposition of any civil or
criminal proceedings resulting from a court action, except that the deferred
consideration or withholding of approval shall not exceed 120 days unless the
charge or complaint remains pending or is extended for other good cause shown.�