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S4001
SENATE, No. 4001
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 19, 2026
Sponsored by:
Senator� JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
���� Transfers oversight of certified nurse aides from DOH
to Board of Nursing.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning nurses, revising various parts of the statutory law, and
supplementing Title 45 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 2 of P.L.2005,
c.83 (C.26:2H-12.2b) is amended to read as follows:
���� 2.��� a.� A health care entity
shall notify the division in writing if a health care professional who is
employed by, under contract to render professional services to, or has
privileges granted by, that health care entity, or who provides such services
pursuant to an agreement with a health care services firm or staffing registry:
���� (1)�� for reasons relating to
the health care professional's impairment, incompetency, or professional
misconduct, which incompetency or professional misconduct relates adversely to
patient care or safety: (a) has full or partial privileges summarily or temporarily
revoked or suspended, or permanently reduced, suspended, or revoked; (b) has
been removed from the list of eligible employees of a health services firm or
staffing registry; (c) has been discharged from the staff; or (d) has had a
contract to render professional services terminated or rescinded;
���� (2)�� has conditions or
limitations placed on the exercise of clinical privileges or practice within
the health care entity for reasons relating to the health care professional's
impairment, incompetency, or professional misconduct or, which incompetency or
professional misconduct relates adversely to patient care or safety, including,
but not limited to, second opinion requirements, non-routine concurrent or
retrospective review of admissions or care, non-routine supervision by one or
more members of the staff, or the completion of remedial education or training;
���� (3)�� voluntarily resigns from
the staff if: (a) the health care entity is reviewing the health care
professional's patient care or reviewing whether, based upon its reasonable
belief, the health care professional's conduct demonstrates an impairment or
incompetence or is unprofessional, which incompetence or unprofessional conduct
relates adversely to patient care or safety; or (b) the health care entity,
through any member of the medical or administrative staff, has expressed an
intention to do such a review;
���� (4)�� voluntarily relinquishes
any partial privilege or authorization to perform a specific procedure if: (a)
the health care entity is reviewing the health care professional's patient care
or reviewing whether, based upon its reasonable belief, the health care
professional's conduct demonstrates an impairment or incompetence or is
unprofessional, which incompetence or unprofessional conduct relates adversely
to patient care or safety; or (b) the health care entity, through any member of
the medical or administrative staff, has expressed an intention to do such a
review;
���� (5)�� while under, or
subsequent to, a review by the health care entity of the health care
professional's patient care or professional conduct is granted a leave of
absence for reasons relating to a physical, mental, or emotional condition or
drug or alcohol use which impairs the health care professional's ability to
practice with reasonable skill and safety, except that no report is required
for pregnancy-related leaves of absence or if the health care professional has
sought assistance from a professional assistance or intervention program
approved or designated by the division or a board to provide confidential
oversight of the health care professional and is following the treatment
regimen or monitoring as that program requires; or
���� (6)�� is a party to a medical
malpractice liability suit, to which the health care entity is also a party,
and in which there is a settlement, judgment, or arbitration award.
���� As used in this subsection,
incompetence, professional misconduct, and unprofessional conduct shall not
include personal conduct, such as tardiness, insubordination, or other similar
behavior, which does not relate to patient care or safety.
���� b.��� A health care entity
shall notify the division in writing if it is in possession of information that
indicates that a health care professional has failed to comply with a request
to seek assistance from a professional assistance or intervention program approved
or designated by the division or a board to provide confidential oversight of
the health care professional, or has failed to follow the treatment regimen or
monitoring program required by that program to assure that the health care
professional's physical, mental, or emotional condition or drug or alcohol use
does not impair the health care professional's ability to practice with
reasonable skill and safety.
���� c.���� A health care entity
shall notify the division in writing if any health care professional who has
been the subject of a report pursuant to this section, has had conditions or
limitations on the exercise of clinical privileges or practice within the health
care entity altered, or privileges restored, or has resumed exercising clinical
privileges that had been voluntarily relinquished.
���� d.��� In the case of a health
care professional who is providing services at a health care entity pursuant to
an agreement with a health care services firm or staffing agency and is the
subject of a notice pursuant to this section, the health care entity shall,
when it submits a notice to the division concerning that health care
professional, provide a copy of the notice to the health care services firm or
staffing agency.
���� e.���� The form of
notification shall be prescribed by the Commissioner of Health, in consultation
with the Commissioner of Human Services in the case of psychiatric facilities
and developmental centers, and shall contain such information as may be
required by the division and shall be made within seven days of the date of the
action, settlement, judgment, or award.�
���� f.���� A health care entity
which fails to provide such notice to the division or fails to cooperate with a
request for information by the division, the board or the Medical Practitioner
Review Panel established pursuant to section 8 of P.L.1989, c.300 (C.45:9-19.8)
shall be subject to such penalties as the Department of Health may determine
pursuant to sections 13 and 14 of P.L.1971, c.136 (C.26:2H-13 and 26:2H-14).
���� g.��� A health care entity, or
any employee thereof, which provides information to the division, the board,
the Medical Practitioner Review Panel, a health care services firm or staffing
agency, or the Department of Health, in good faith and without malice, regarding
a health care professional pursuant to the provisions of this section or
section 3 of P.L.1989, c.300 (C.26:2H-12.2a), is not liable for civil damages
in any cause of action arising out of the provision or reporting of the
information.
���� h.��� A health care entity
shall provide the health care professional who is the subject of a notice
pursuant to paragraphs (1), (2), (4), and (5) of subsection a. of this section
and subsection c. of this section with a copy of the notice provided to the
division, when the health care entity submits the notice to the division.
���� i.���� For the purposes of
this section, section 3 of P.L.1989, c.300 (C.26:2H-12.2a) and section 15 of
P.L.2005, c.83 (C.26:2H-12.2c):
���� "Board" means a
professional and occupational licensing board within the Division of Consumer
Affairs in the Department of Law and Public Safety which licenses or otherwise
authorizes a health care professional to practice a health care profession.
���� "Division" means the
Division of Consumer Affairs in the Department of Law and Public Safety.
���� "Health care entity"
means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et
seq.), a health maintenance organization authorized to operate pursuant to
P.L.1973, c.337 (C.26:2J-1 et seq.), a carrier which offers a managed care plan
regulated pursuant to P.L.1997, c.192 (C.26:2S-1 et seq.), a State or county
psychiatric hospital, a State developmental center, a staffing registry, and a
home care services agency as defined in section 1 of P.L.1947, c.262
(C.45:11-23).
���� "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 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 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 Social Work Examiners, the
State Board of Veterinary Medical 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.� "Health care
professional" also includes
[
a
nurse aide and
]
a personal care assistant certified by the Department of Health.
(cf: P.L.2012, c.17, s.179)
���� 2.��� Section 2 of P.L.1997,
c.100 (C.26:2H-83) is amended to read as follows:
���� 2.��� a.� The Department of
Health shall not issue a
[
nurse
aide or
]
personal care assistant certification to any applicant, except on a conditional
basis as provided for in subsection d. of section 3 of P.L.1997, c.100
(C.26:2H-84), unless the Commissioner of Health first determines, consistent
with the requirements of sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83
through 87), that no criminal history record information exists on file in the
Federal Bureau of Investigation, Identification Division, or in the State
Bureau of Identification in the Division of State Police, which would
disqualify that person from being certified. A
[
nurse aide or
]
personal care
assistant certified by the department prior to the effective date of P.L.2000,
c.20 upon whom a criminal history record background check has not been
conducted pursuant to sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83
through 87), shall be required to undergo that criminal history record
background check as a condition of that individual's initial recertification
following the effective date of P.L.2000, c.20.
���� In addition, a follow-up
criminal history record background check of federal records shall be conducted
at least once every two years as a condition of recertification for every
certified
[
nurse
aide and
]
personal care assistant; except that the commissioner, in lieu of conducting
follow-up criminal history record background checks for purposes of
recertification, may provide for an alternative means of determining whether a
certified
[
nurse
aide or
]
personal care assistant has been convicted of a crime or disorderly persons
offense which would disqualify that person from certification, including, but
not limited to, a match of a person's Social Security number or other
identifying information with records of criminal proceedings in this and other
states. If the commissioner elects to implement this alternative means of
determining whether a certified
[
nurse
aide or
]
personal care assistant has been convicted of a crime or disorderly persons
offense which would disqualify that person from certification, the commissioner
shall report to the Governor and the Legislature prior to its implementation on
the projected costs and procedures to be followed with respect to its
implementation and setting forth the rationale therefor.
���� A person shall be disqualified
from certification if that person's criminal history record background check
reveals a record of conviction of any of the following crimes and offenses:
���� (1)�� In New Jersey, any crime
or disorderly persons offense:
���� (a)�� involving danger to the
person, meaning those crimes and disorderly persons offenses set forth in
N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq.,
N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.; or
���� (b)�� against the family,
children, or incompetents, meaning those crimes and disorderly persons offenses
set forth in N.J.S.2C:24-1 et seq.; or
���� (c)�� involving theft as set
forth in chapter 20 of Title 2C of the New Jersey Statutes; or
���� (d)�� involving any controlled
dangerous substance or controlled substance analog as set forth in chapter 35
of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of
N.J.S.2C:35-10.
���� (2)�� In any other state or
jurisdiction, of conduct which, if committed in New Jersey, would constitute
any of the crimes or disorderly persons offenses described in paragraph (1) of
this subsection.
���� b.��� Notwithstanding the
provisions of subsection a. of this section, no person shall be disqualified
from certification on the basis of any conviction disclosed by a criminal
history record background check performed pursuant to sections 2 through 6 and
section 14 of P.L.1997, c.100 (C.26:2H-83 through 87 and C.53:1-20.9a) if the
person has affirmatively demonstrated to the Commissioner of Health clear and
convincing evidence of the person's rehabilitation.� In determining whether a
person has affirmatively demonstrated rehabilitation, the following factors
shall be considered:
���� (1)�� the nature and
responsibility of the position which the convicted person would hold, has held
or currently holds, as the case may be;
���� (2)�� the nature and
seriousness of the offense;
���� (3)�� the circumstances under
which the offense occurred;
���� (4)�� the date of the offense;
���� (5)�� the age of the person
when the offense was committed;
���� (6)�� whether the offense was
an isolated or repeated incident;
���� (7)�� any social conditions
which may have contributed to the offense; and
���� (8)�� any evidence of
rehabilitation, including good conduct in prison or in the community,
counseling or psychiatric treatment received, acquisition of additional
academic or vocational schooling, successful participation in correctional
work-release programs, or the recommendation of those who have had the person
under their supervision.
���� c.���� If a person subject to
the provisions of sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through
87) refuses to consent to, or cooperate in, the securing of a criminal history
record background check, the commissioner shall, as applicable:
���� (1)�� not issue a
[
nurse aide or
]
personal care
assistant certification and shall notify the applicant, and the applicant's
employer if the applicant is conditionally employed as provided in subsection
d. of section 3 of P.L.1997, c.100 (C.26:2H-84) or the applicant's prospective
employer if known, of that denial; or
���� (2)�� revoke the person's
current
[
nurse
aide or
]
personal care assistant certification and notify the person, and the person's
employer, if known, of that revocation.
(cf: P.L.2012, c.17, s.240)
���� 3.��� Section 3 of P.L.1997,
c.100 (C.26:2H-84) is amended to read as follows:
���� 3.��� a.� An applicant for
certification, or a certified
[
nurse
aide or
]
personal care assistant who is required to undergo a criminal history record
background check pursuant to section 2 of P.L.1997, c.100 (C.26:2H-83), shall
submit to the Commissioner of Health that individual's name, address, and
fingerprints taken on standard fingerprint cards by a State or municipal law
enforcement agency.� The commissioner is authorized to exchange fingerprint
data with and receive criminal history record information from the Federal
Bureau of Investigation and the Division of State Police for use in making the
determinations required by sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83
through 87).
���� b.��� Upon receipt of the
criminal history record information for a person from the Federal Bureau of
Investigation or the Division of State Police, the commissioner shall
immediately notify, in writing, the applicant, and the applicant's employer if
the applicant is conditionally employed as provided in subsection d. of this
section or the applicant's prospective employer if known, or a certified
[
nurse aide or
]
personal care
assistant who is required to undergo a criminal history record background check
pursuant to section 2 of P.L.1997, c.100 (C.26:2H-83) and that person's
employer, as applicable, of the person's qualification or disqualification for
certification under sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through
87).� If the person is disqualified, the conviction or convictions which
constitute the basis for the disqualification shall be identified in the notice
to the person, but shall not be identified in the notice to the person's
employer or prospective employer.
���� c.���� The person who is the
subject of the background check shall have 30 days from the date of the written
notice of disqualification to petition the commissioner for a hearing on the
accuracy of the person's criminal history record information or to establish
the person's rehabilitation under subsection b. of section 2 of P.L.1997, c.100
(C.26:2H-83). The commissioner shall notify the person's employer or
prospective employer of the person's petition for a hearing within five days
following the receipt of the petition from the person.� Upon the issuance of a
final decision upon a petition to the commissioner pursuant to this subsection,
the commissioner shall notify the person and the person's employer or
prospective employer as to whether the person remains disqualified from
certification under sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through
87).
���� d.��� An applicant for
certification may be issued conditional certification and may be employed as
[
a nurse aide
or
]
a
personal care assistant conditionally for a period not to exceed 60 days,
pending completion of a criminal history record background check required under
sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through 87) by the Division
of State Police in the Department of Law and Public Safety based upon an
examination of its own files in accordance with section 14 of P.L.1997, c.100
(C.53:1-20.9a), and for an additional period not to exceed 60 days pending
completion of a criminal history record background check by federal authorities
as arranged for by the Division of State Police pursuant to section 14 of
P.L.1997, c.100 (C.53:1-20.9a), if the person submits to the commissioner a
sworn statement attesting that the person has not been convicted of any crime
or disorderly persons offense as described in section 2 of P.L.1997, c.100
(C.26:2H-83).� A person who submits a false sworn statement shall be
disqualified from certification as
[
a
nurse aide or
]
a personal care assistant, as the case may be, and shall not have an
opportunity to establish rehabilitation pursuant to subsection b. of section 2
of P.L.1997, c.100 (C.26:2H-83).
���� A conditionally employed
person, or an employed person certified as
[
a
nurse aide or
]
a personal care assistant, who disputes the accuracy of the criminal history
record information and who files a petition requesting a hearing pursuant to
subsection c. of this section may remain employed by that person's employer
until the commissioner rules on the person's petition but, pending the
commissioner's ruling, the employer shall not permit the person to have
unsupervised contact with patients, residents, or clients, as the case may be,
who are 60 years of age or older.
���� e. (1) A licensed health care
facility or other entity that has received an application from or conditionally
employs an applicant for
[
nurse
aide or
]
personal care assistant certification, or employs a certified
[
nurse aide or
]
personal care
assistant, and:
���� (a)�� receives notice from the
Commissioner of Health that the applicant or certified
[
nurse aide or
]
personal care
assistant, as applicable, has been determined by the commissioner to be
disqualified from certification as a
[
nurse
aide or
]
personal care assistant pursuant to sections 2 through 6 of P.L.1997, c.100
(C.26:2H-83 through 87); or
���� (b)�� terminates its
employment of a conditionally employed applicant for
[
nurse aide or
]
personal care
assistant certification or a certified
[
nurse
aide or
]
personal care assistant because the person was disqualified from employment at
the health care facility or other entity on the basis of a conviction of a
crime or disorderly persons offense as described in section 2 of P.L.1997,
c.100 (C.26:2H-83) after commencing employment at the health care facility or
other entity;
���� shall be immune from liability
for disclosing that disqualification or termination in good faith to another
licensed health care facility or other entity that is qualified by statute or
regulation to employ the person as a
[
nurse
aide or
]
personal care assistant.
���� (2)�� A licensed health care
facility or other entity which discloses information pursuant to paragraph (1)
of this subsection shall be presumed to be acting in good faith unless it is
shown by clear and convincing evidence that the health care facility or other
entity acted with actual malice toward the person who is the subject of the
information.
���� f.���� (1) A licensed health
care facility or other entity, upon receiving notice from the Commissioner of
Health that a person employed by it as a
[
nurse
aide or
]
personal care assistant, including a conditionally employed person, has been
convicted of a crime or disorderly persons offense as described in section 2 of
P.L.1997, c.100 (C.26:2H-83) after commencing employment at the health care
facility or other entity, shall:
���� (a)�� immediately terminate
the person's employment as a
[
nurse
aide or
]
personal care assistant; and
���� (b)�� report information about
the termination to the Commissioner of Health in a manner prescribed by the
commissioner, who shall thereupon deem the person to be disqualified from
certification as a
[
nurse
aide or
]
personal care assistant, subject to the provisions of paragraph (3) of this
subsection.
���� (2)�� A licensed health care
facility or other entity shall be immune from liability for any actions taken
in good faith pursuant to paragraph (1) of this subsection and shall be
presumed to be acting in good faith unless it is shown by clear and convincing
evidence that the health care facility or other entity acted with actual malice
toward the employee.
���� (3)�� The person terminated
from employment pursuant to paragraph (1) of this subsection shall have 30 days
from the date of the termination to petition the commissioner for a hearing on
the accuracy of the information about the conviction reported to the commissioner
or to establish why the person should not be terminated from employment, and
disqualified from certification, as a
[
nurse
aide or
]
personal care assistant. The commissioner shall notify the person's employer of
the person's petition for a hearing within five days following the receipt of
the petition from the person.� Upon the issuance of a final decision upon a
petition to the commissioner pursuant to this paragraph, the commissioner shall
notify the person and the person's employer as to whether:
���� (a)�� the person is to be
reinstated in the person's employment as a
[
nurse
aide or
]
personal care assistant and retain the person's certification; or
���� (b)�� the person's termination
from employment as a
[
nurse
aide or
]
personal care assistant stands and the person remains disqualified from
certification.
���� g.��� The commissioner shall
provide for a registry of all persons who have successfully completed all
training and competency evaluation requirements for certification as a
[
nurse aide or
]
personal care
assistant and shall provide for the inclusion in the registry of information
about the disqualification of any person from certification pursuant to
sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through 87); for which
purposes, the commissioner may use an existing registry established pursuant to
statute or regulation, subject to the requirements of federal law.� The
registry shall include 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 2 of P.L.1997, c.100 (C.26:2H-83), but shall not identify the
conviction or convictions which constitute the basis for the disqualification.
(cf: P.L.2012, c.17, s.241)����
���� 4.��� Section 4 of P.L.1997,
c.100 (C.26:2H-85) is amended to read as follows:
���� 4.��� The Department of Health
shall assume the cost of the criminal history record background check conducted
on an applicant for
[
nurse
aide or
]
personal care assistant certification, or a certified
[
nurse aide or
]
personal care
assistant, as the case may be, pursuant to sections 2 through 6 and section 14
of P.L.1997, c.100 (C.26:2H-83 through 87 and C.53:1-20.9a).
(cf: P.L.2012, c.17, s.242)
���� 5.��� Section 1 of P.L.2002,
c.104 (C.45:1-28) is amended to read as follows:
���� 1.��� As used in this act:
���� "Applicant" means an
applicant for the licensure or other authorization to engage in a health care
profession.
���� "Board" means a
professional and occupational licensing board within the Division of Consumer
Affairs in the Department of Law and Public Safety.
���� "Director" means the
Director of the Division of Consumer Affairs in the Department of Law and
Public Safety.
���� "Division" means the
Division of Consumer Affairs in the Department of Law and Public Safety.
���� "Health care
professional" means a health care professional who is 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 one of the following
boards or by the Director of the Division of Consumer Affairs:� the State Board
of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State
Board of Dentistry, 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 Social Work
Examiners, the State Board of Veterinary Medical 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, the
Certified Psychoanalysts Advisory Committee, the State Board of
Polysomnography, the State Board of Applied Behavior Analyst Examiners, the
State Board of Creative Arts and Activities Therapies, or the State Board of
Dietetics and Nutrition.
Health care professional shall not
include a
[
nurse
aide or
]
personal care assistant who is required to undergo a criminal history record
background check pursuant to section 2 of P.L.1997, c.100 (C.26:2H-83)
[
or
]
,
a
homemaker-home health aide who is required to undergo a criminal history record
background check pursuant to section 7 of P.L.1997, c.100 (C.45:11-24.3)
, or
a certified nurse aide who is required to undergo a criminal history record
background check pursuant to sections 8 and 9 of P.L.� �, c.�� (C.���� )
(pending before the Legislature as this bill)
.
���� "Licensee" means an
individual who has been issued a license or other authorization to practice a
health care profession.
(cf: P.L.2024, c.67, s.1)
���� 6.��� Section 2 of P.L.1993,
c.249 (C.52:27D-407) is amended to read as follows:
���� 2.��� As used in this act:
���� "Abuse" means the
willful infliction of physical pain, injury or mental anguish, unreasonable
confinement, or the willful deprivation of services which are necessary to
maintain a person's physical and mental health.�
���� "Caretaker" means a
person who has assumed the responsibility for the care of a vulnerable adult as
a result of family relationship or who has assumed responsibility for the care
of a vulnerable adult voluntarily, by contract, or by order of a court of
competent jurisdiction, whether or not they reside together.�
���� "Commissioner" means
the Commissioner of Human Services.
���� "Community setting"
means a private residence or any noninstitutional setting in which a person may
reside alone or with others, but shall not include residential health care
facilities, rooming houses or boarding homes or any other facility or living
arrangement subject to licensure by, operated by, or under contract with, a
State department or agency.�
���� "County adult protective
services provider" means a county Board of Social Services or other public
or nonprofit agency with experience as a New Jersey provider of protective
services for adults, designated by the county and approved by the commissioner.
The county adult protective services provider receives reports made pursuant to
this act, maintains pertinent records and provides, arranges, or recommends
protective services.�
���� "County director"
means the director of a county adult protective services provider.�
���� "Department" means
the Department of Human Services.
���� "Emergency medical
technician" means a person trained in basic life support services as
defined in section 1 of P.L.1985, c.351 (C.26:2K-21) and who is certified by
the Department of Health to provide that level of care.
���� "Exploitation" means
the act or process of illegally or improperly using a person or his resources
for another person's profit or advantage.�
���� "Firefighter" means
a paid or volunteer firefighter.
���� "Health care
professional" means a health care professional who is 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 one of the following
boards or by the Director of the Division of Consumer Affairs: the State Board
of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State
Board of Dentistry, 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 Social Work
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, the Certified Psychoanalysts Advisory Committee, and
the State Board of Polysomnography.� "Health care professional" also
means a
[
nurse
aide or
]
personal care assistant who is certified by the Department of Health.
���� "Neglect" means an
act or failure to act by a vulnerable adult or his caretaker which results in
the inadequate provision of care or services necessary to maintain the physical
and mental health of the vulnerable adult, and which places the vulnerable
adult in a situation which can result in serious injury or which is
life-threatening.�
���� "Protective
services" means voluntary or court-ordered social, legal, financial,
medical or psychiatric services necessary to safeguard a vulnerable adult's
rights and resources, and to protect a vulnerable adult from abuse, neglect or
exploitation.� Protective services include, but are not limited to: evaluating
the need for services, providing or arranging for appropriate services,
obtaining financial benefits to which a person is entitled, and arranging for
guardianship and other legal actions.�
���� "Vulnerable adult"
means a person 18 years of age or older who resides in a community setting and
who, because of a physical or mental illness, disability or deficiency, lacks
sufficient understanding or capacity to make, communicate, or carry out
decisions concerning his well-being and is the subject of abuse, neglect or
exploitation.� A person shall not be deemed to be the subject of abuse, neglect
or exploitation or in need of protective services for the sole reason that the
person is being furnished nonmedical remedial treatment by spiritual means
through prayer alone or in accordance with a recognized religious method of
healing in lieu of medical treatment, and in accordance with the tenets and
practices of the person's established religious tradition.�
(cf: P.L.2012, c.17, c.424)
����
���� 7.��� Section 14 of P.L.1997,
c.100 (C.53:1-20.9a) is amended to read as follows:�����������������
���� 14.� a.� In accordance with
the provisions of sections 2 through 6 and sections 7 through 13 of P.L.1997,
c.100 (C.26:2H-83 through 87 and C.45:11-24.3 through 24.9) and P.L.2002, c.104
(C.45:1-28 et al.), the Division of State Police in the Department of Law and
Public Safety shall conduct a criminal history record background check,
including a name and fingerprint identification check, of:
���� (1)�� each applicant for
[
nurse aide or
]
personal care
assistant certification submitted to the Department of Health
[
and Senior
Services
]
and of each applicant for homemaker-home health aide and
nurse aide
submitted to the New Jersey Board of Nursing in the Division of Consumer
Affairs;
���� (2)�� each
[
nurse aide or
]
personal care
assistant certified by the Department of Health
[
and Senior Services
]
and each
homemaker-home health aide
and nurse aide
certified by the New Jersey
Board of Nursing, as required pursuant to P.L.1997, c.100 (C.26:2H-83 et al.);
and
���� (3)�� each applicant for
licensure or other authorization to engage in a health care profession who is
required to undergo a criminal history record background check pursuant to
P.L.2002, c.104 (C.45:1-28 et al.).
���� b.��� For the purpose of
conducting a criminal history record background check pursuant to subsection a.
of this section, the Division of State Police shall examine its own files and
arrange for a similar examination by federal authorities. The division shall immediately
forward the information obtained as a result of conducting the check to:� the
Commissioner of Health
[
and
Senior Services
]
,
in the case of an applicant for
[
nurse
aide or
]
personal care assistant certification or a certified
[
nurse aide or
]
personal care
assistant; the New Jersey Board of Nursing in the Division of Consumer Affairs
in the Department of Law and Public Safety, in the case of an applicant for
homemaker-home health aide
or nurse aide
certification or a certified
homemaker-home health aide
or nurse
aide
; and the Director of the
Division of Consumer Affairs in the Department of Law and Public Safety, in the
case of an applicant for licensure or other authorization to practice as a
health care professional as defined in section 1 of P.L.2002, c.104
(C.45:1-28).
(cf: P.L.2002, c.104, s.5)
���� 8.��� (New section) a.� The
New Jersey Board of Nursing shall not issue a nurse aide certification to any
applicant, except on a conditional basis as provided for in subsection d. of
section 9 of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill), unless the board first determines, consistent with the requirements
of sections 8 through 11 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill), that no criminal history record information exists
on file in the Federal Bureau of Investigation, Identification Division, or in
the State Bureau of Identification in the Division of State Police, which would
disqualify that person from being certified.
���� In addition, a follow-up
criminal history record background check of federal records shall be conducted
at least once every two years as a condition of recertification for every
certified nurse aide; except that the board, in lieu of conducting follow-up
criminal history record background checks for purposes of recertification, may
provide for an alternative means of determining whether a certified nurse aide
has been convicted of a crime or disorderly persons offense which would
disqualify that person from certification, including, but not limited to, a
match of a person's Social Security number or other identifying information
with records of criminal proceedings in this and other states.� If the board
elects to implement this alternative means of determining whether a certified
nurse aide has been convicted of a crime or disorderly persons offense which
would disqualify that person from certification, the board shall report to the
Governor and the Legislature prior to its implementation on the projected costs
and procedures to be followed with respect to its implementation and setting
forth the rationale therefor.
���� A person shall be disqualified
from certification if that person's criminal history record background check
reveals a record of conviction of any of the following crimes and offenses:
���� (1)�� In New Jersey, any crime
or disorderly persons offense:
���� (a)�� involving danger to the
person, meaning those crimes and disorderly persons offenses set forth in
N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq.,
N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.; or
���� (b)�� against the family,
children, or incompetents, meaning those crimes and disorderly persons offenses
set forth in N.J.S.2C:24-1 et seq.; or
���� (c)�� involving theft as set
forth in chapter 20 of Title 2C of the New Jersey Statutes; or
���� (d)�� involving any controlled
dangerous substance or controlled substance analog as set forth in chapter 35
of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of
N.J.S.2C:35-10.
���� (2)�� In any other state or
jurisdiction, of conduct which, if committed in New Jersey, would constitute
any of the crimes or disorderly persons offenses described in paragraph (1) of
this subsection.
���� b.��� Notwithstanding the
provisions of subsection a. of this section, no person shall be disqualified
from certification on the basis of any conviction disclosed by a criminal
history record background check performed pursuant to sections 8 through 11 of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill) and
section 14 of P.L.1997, c.100 (C.53:1-20.9a) if the person has affirmatively
demonstrated to the board clear and convincing evidence of the person's
rehabilitation.� In determining whether a person has affirmatively demonstrated
rehabilitation, the following factors shall be considered:
���� (1)�� the nature and
responsibility of the position which the convicted person would hold, has held
or currently holds, as the case may be;
���� (2)�� the nature and
seriousness of the offense;
���� (3)�� the circumstances under
which the offense occurred;
���� (4)�� the date of the offense;
���� (5)�� the age of the person
when the offense was committed;
���� (6)�� whether the offense was
an isolated or repeated incident;
���� (7)�� any social conditions
which may have contributed to the offense; and
���� (8)�� any evidence of
rehabilitation, including good conduct in prison or in the community,
counseling or psychiatric treatment received, acquisition of additional
academic or vocational schooling, successful participation in correctional
work-release programs, or the recommendation of those who have had the person
under their supervision.
���� c.���� If a person subject to
the provisions of sections 8 through 11 of P.L.��� , c.���� (C.������� )
(pending before the Legislature as this bill) refuses to consent to, or
cooperate in, the securing of a criminal history record background check, the
board shall, as applicable:
���� (1)�� not issue a nurse aide
certification and shall notify the applicant, and the applicant's employer if
the applicant is conditionally employed as provided in subsection d. of section
9 of P.L.��� , c.���� (C.������� ) (pending before the Legislature as this
bill) or the applicant's prospective employer if known, of that denial; or
���� (2)�� revoke the person's
current nurse aide certification and notify the person, and the person's
employer, if known, of that revocation.
���� 9.��� (New section)� a.� An
applicant for certification, or a certified nurse aide who is required to
undergo a criminal history record background check pursuant to section 8 of
P.L. , c. (C. )
(pending before the Legislature as this bill), shall submit to the board that
individual's name, address, and fingerprints taken on standard fingerprint
cards by a State or municipal law enforcement agency.� The board is authorized
to exchange fingerprint data with and receive criminal history record information
from the Federal Bureau of Investigation and the Division of State Police for
use in making the determinations required by sections 8 through 11 of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill).
���� b.��� Upon receipt of the
criminal history record information for a person from the Federal Bureau of
Investigation or the Division of State Police, the board shall immediately
notify, in writing, the applicant, and the applicant's employer if the
applicant is conditionally employed as provided in subsection d. of this
section or the applicant's prospective employer if known, or a certified nurse
aide who is required to undergo a criminal history record background check
pursuant to section 8 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill) and that person's employer, as applicable, of the
person's qualification or disqualification for certification under sections 8
through 11 of P.L. , c. (C. )
(pending before the Legislature as this bill). If the person is disqualified,
the conviction or convictions which constitute the basis for the
disqualification shall be identified in the notice to the person, but shall not
be identified in the notice to the person's employer or prospective employer.
���� c.���� The person who is the
subject of the background check shall have 30 days from the date of the written
notice of disqualification to petition the board for a hearing on the accuracy
of the person's criminal history record information or to establish the person's
rehabilitation under subsection b. of section 8 of P.L. , c. (C. )
(pending before the Legislature as this bill).� The board shall notify the
person's employer or prospective employer of the person's petition for a
hearing within five days following the receipt of the petition from the
person.� Upon the issuance of a final decision upon a petition to the board
pursuant to this subsection, the board shall notify the person and the person's
employer or prospective employer as to whether the person remains disqualified
from certification under sections 8 through 11 of P.L. , c. (C. )
(pending before the Legislature).
���� d.��� An applicant for
certification may be issued conditional certification and may be employed as a
nurse aide conditionally for a period not to exceed 60 days, pending completion
of a criminal history record background check required under sections 8 through
11 of P.L.��� , c.��� (C.������� ) (pending before the Legislature) by the
Division of State Police in the Department of Law and Public Safety based upon
an examination of its own files in accordance with section 14 of P.L.1997,
c.100 (C.53:1-20.9a), and for an additional period not to exceed 60 days
pending completion of a criminal history record background check by federal
authorities as arranged for by the Division of State Police pursuant to section
14 of P.L.1997, c.100 (C.53:1-20.9a), if the person submits to the board a
sworn statement attesting that the person has not been convicted of any crime
or disorderly persons offense as described in section 8 of P.L.��� , c. ���(C.�������
) (pending before the Legislature as this bill).� A person who submits a false
sworn statement shall be disqualified from certification as a nurse aide, as
the case may be, and shall not have an opportunity to establish rehabilitation
pursuant to subsection b. of section 8 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill).
���� A conditionally employed
person, or an employed person certified as a nurse aide, who disputes the
accuracy of the criminal history record information and who files a petition
requesting a hearing pursuant to subsection c. of this section may remain employed
by that person's employer until the board rules on the person's petition but,
pending the board's ruling, the employer shall not permit the person to have
unsupervised contact with patients, residents, or clients, as the case may be,
who are 60 years of age or older.
���� e. (1) A licensed health care
facility or other entity that has received an application from or conditionally
employs an applicant for nurse aide certification, or employs a certified nurse
aide, shall be immune from liability for disclosing that disqualification or
termination in good faith to another licensed health care facility or other
entity that is qualified by statute or regulation to employ the person as a
nurse aide, provided that the licensed health care facility or other entity:
���� (a)�� receives notice from the
board that the applicant or certified nurse aide, as applicable, has been
determined by the board to be disqualified from certification as a nurse aide
pursuant to sections 8 through 11 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature); or
���� (b)�� terminates its
employment of a conditionally employed applicant for nurse aide certification
or a certified nurse aide because the person was disqualified from employment
at the health care facility or other entity on the basis of a conviction of a
crime or disorderly persons offense as described in section 8 of P.L. , c. (C. )
(pending before the Legislature as this bill) after commencing employment at
the health care facility or other entity.
���� (2)�� A licensed health care
facility or other entity which discloses information pursuant to paragraph (1)
of this subsection shall be presumed to be acting in good faith unless it is
shown by clear and convincing evidence that the health care facility or other
entity acted with actual malice toward the person who is the subject of the
information.
���� f. (1) A licensed health care
facility or other entity, upon receiving notice from the board that a person
employed by it as a nurse aide, including a conditionally employed person, has
been convicted of a crime or disorderly persons offense as described in section
8 of P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill)
after commencing employment at the health care facility or other entity, shall:
���� (a)�� immediately terminate
the person's employment as a nurse aide; and
���� (b)�� report information about
the termination to the board in a manner prescribed by the board, who shall
thereupon deem the person to be disqualified from certification as a nurse
aide, subject to the provisions of paragraph (3) of this subsection.
���� (2)�� A licensed health care
facility or other entity shall be immune from liability for any actions taken
in good faith pursuant to paragraph (1) of this subsection and shall be
presumed to be acting in good faith unless it is shown by clear and convincing
evidence that the health care facility or other entity acted with actual malice
toward the employee.
���� (3)�� The person terminated
from employment pursuant to paragraph (1) of this subsection shall have 30 days
from the date of the termination to petition the board for a hearing on the
accuracy of the information about the conviction reported to the board or to
establish why the person should not be terminated from employment, and
disqualified from certification, as a nurse aide. The board shall notify the
person's employer of the person's petition for a hearing within five days
following the receipt of the petition from the person.� Upon the issuance of a
final decision upon a petition to the board pursuant to this paragraph, the
board shall notify the person and the person's employer as to whether:
���� (a)�� the person is to be
reinstated in the person's employment as a nurse aide and retain the person's
certification; or
���� (b)�� the person's termination
from employment as a nurse aide stands and the person remains disqualified from
certification.
���� g.��� The board shall provide
for a registry of all persons who have successfully completed all training and
competency evaluation requirements for certification as a nurse aide and shall
provide for the inclusion in the registry of information about the disqualification
of any person from certification pursuant to sections 8 through 11 of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature); for which purposes, the
board may use an existing registry established pursuant to statute or
regulation, subject to the requirements of federal law.� The registry shall
include 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 8
of P.L.��� , c.��� (C. �������) (pending before the Legislature as this bill),
but shall not identify the conviction or convictions which constitute the basis
for the disqualification.
���� 10.� (New section) The
Department of Law and Public Safety shall assume the cost of the criminal
history record background check conducted on an applicant for nurse aide certification,
or a certified nurse aide, as the case may be, pursuant to sections 8 through 11
of P.L.��� , c.��� (C.������� ) (pending before the Legislature) and section 14
of P.L.1997, c.100 (C.53:1-20.9a).
���� 11.� (New section) Any person
submitting a false sworn statement pursuant to section 9 of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) shall be subject to
a fine of not more than $1,000, which may be assessed by the board.
���� 12.� (New section) An
individual certified as a nurse aide by another state or territory of the
United States may apply to have that certification entered on the registry
established and maintained by the board pursuant to section 9 of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill), provided
that:
���� a.���� the board receives
documentation from the other state or territory that the applicant holds a
current, valid certification as a nurse aide in the state or territory;
���� b.��� the applicant has not
been convicted of any crimes and has no documented findings of abuse, neglect,
or misappropriation of resident property in the other state or territory;
���� c.���� the applicant complies
with the criminal history record background check requirements set forth under
sections 8 through 11 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill); and
���� d. (1) the applicant has
completed within the preceding 24 months the amount of continuing education
hours required by regulation for a nurse aide; or
���� (2)�� the applicant has the
equivalent of at least two years of full time employment in the other state or
territory as a nurse aide and the most recent date of such employment is within
the 24-month period immediately preceding the date of the application.� The
board shall require an individual applying for a certification to be entered on
the registry on the basis of work experience pursuant to this paragraph to
complete any clinical skills competency examination and any written and oral
competency examination the board may require pursuant to regulation, to verify
the individual meets New Jersey's training and competency requirements.
���� 13.� Section 1 of P.L.2019,
c.18 (C.26:2H-87.1) is repealed.
���� 14.� This act shall take
effect on the first day of the 19th month next following enactment.� The New
Jersey Board of Nursing may take such anticipatory administrative action in
advance of the effective dates of this act as shall be necessary for
implementation of this act.
STATEMENT
���� This bill modifies current law
governing certified nurse aides (CNAs) by transferring the regulation of CNAs
from the New Jersey Department of Health to the New Jersey Board of Nursing,
which is part of the Division of Consumer Affairs in the Department of Law and
Public Safety. Under the bill, references to CNAs in the law currently
governing the profession and references to CNAs in law attributing the
oversight of CNAs to the Department of Health are removed and substantively
identical language on the regulation of CNAs is added under the law governing
the New Jersey Board of Nursing or is added to provisions attributing CNA
oversight to the board. The board is authorized under the bill to promulgate
regulations to effectuate the purposes of the bill.