Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
The Certified Medication Aide in Nursing Homes Staffing Support Act; authorizes certified medication aides to administer medications to nursing home residents.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certified medication aides in nursing homes, amending various parts of the statutory law, and supplementing P.L.2020, c.112 (C.30:13 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Sections 10 through 17 of this act shall be known and may be cited as the Certified Medication Aide in Nursing Homes Staffing Support Act.
2. (New section) The Legislature finds and declares that:
a. Continued workforce competition and a shortage of qualified health care professionals has made it difficult for health care facilities licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) to recruit and retain direct care staff.
b. Staffing shortage are especially severe for the States licensed nursing homes, which continue to struggle to return to workforce levels in existence before the coronavirus disease 2019 (COVID-19) pandemic.
c. The workforce challenges faced by licensed nursing homes forces existing direct care staff to work additional hours in order to ensure that the facility meets statutorily required staffing ratios and the critical needs of its residents.
d. The States nursing home staffing shortages, and the burden that these staffing challenges place on existing staff, can be alleviated in part by permitting certified medication aides to administer medications to nursing home residents, as is permitted currently in 38 other states, and in State licensed assisted living residences, comprehensive personal care homes, dementia care homes, and assisted living programs.
e. It is therefore, altogether fitting and proper, that certified medication aides be permitted to administer medications in all nursing homes licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).
3. 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, or a medication aide 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 , or medication aide 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 , and medication aide ; 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 , or medication 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 commissioner elects to implement this alternative means of determining whether a certified nurse aide [or] , personal care assistant , or medication aide 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 , or medication aide certificatio