STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman JOHN DIMAIO
District 23 (Hunterdon, Somerset and Warren)
Assemblywoman MICHELE MATSIKOUDIS
District 21 (Middlesex, Morris, Somerset and Union)
Co-Sponsored by:
Assemblywomen Dunn and Bagolie
SYNOPSIS
Requires criminal history background check for individuals seeking licensure issued by boards regulating certain health care professions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning criminal history background checks for certain health care professionals and amending P.L.2002, c.104.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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 [or], 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).
"Licensee" means an individual who has been issued a license or other authorization to practice a health care profession.
(cf: P.L.2005, c.244, s.17)
2. This act shall take effect on the first day of the seventh month next following the date of enactment and shall be applicable to applications for initial licensure or licensure renewal received by the State Boards of Applied Behavior Analyst Examiners, Creative Arts and Activities Therapies, and Dietetics and Nutrition received on or after that date.
STATEMENT
This bill modifies the health care professions governed by the law regarding criminal history background checks. Specifically, the bill modifies the definition of health care professional in the law by incorporating individuals seeking licensure from 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. Individuals captured by this modification will be required to undergo a criminal history background check prior to issuance of an initial license. Individuals will also be subject to current law allowing the requisite board or the Division of Consumer Affairs to refuse to renew or to revoke a license if criminal history record information exists that provides grounds for a refusal or revocation.