The bill proposes a significant shift in the oversight of certified nurse aides (CNAs) in New Jersey, transferring regulatory authority from the Department of Health (DOH) to the New Jersey Board of Nursing. This change is reflected in the removal of references to "nurse aides" in existing law, while the definition of "health care professional" is updated to include personal care assistants certified by the DOH, excluding nurse aides. The bill outlines the responsibilities of health care entities to report issues related to health care professionals, including misconduct, and establishes penalties for non-compliance. Additionally, it mandates criminal history background checks for personal care assistants and nurse aides, detailing conditions for disqualification and recertification.

Furthermore, the bill introduces provisions that require licensed health care facilities to terminate the employment of any personal care assistant or nurse aide convicted of a crime after starting employment, while providing immunity from liability for disclosing such disqualifications in good faith. It establishes a registry maintained by the Commissioner of Health for individuals who have completed necessary training and competency evaluations. The legislation also allows individuals with criminal convictions to demonstrate rehabilitation to avoid disqualification and outlines the process for handling disqualifications, including the rights to petition for hearings and conditions for conditional employment during background checks. Overall, the bill aims to enhance the regulatory framework for CNAs, ensuring public safety while providing pathways for rehabilitation.

Statutes affected:
Introduced: 26:2H-12.2, 26:2H-83, 26:2H-84, 26:2H-85, 45:1-28, 52:27D-407, 53:1-20.9, 26:2H-87.1