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, with a new focus on "personal care assistants." The bill introduces updated definitions and responsibilities for health care entities, including the requirement to notify the division about any disciplinary actions or changes in clinical privileges of health care professionals. Additionally, it establishes a certification process for personal care assistants that includes criminal history background checks and conditions for disqualification, while allowing for conditional certification during the background check process, provided there is no unsupervised contact with vulnerable populations.

Moreover, the bill enhances the regulatory framework by mandating that licensed health care facilities prevent individuals with pending disqualifications from having unsupervised contact with patients aged 60 and older. It provides immunity from liability for facilities that disclose disqualifications related to criminal convictions in good faith and requires the Department of Health to cover the costs of background checks. The legislation also allows individuals with criminal convictions to demonstrate rehabilitation to avoid disqualification, outlines procedures for handling disqualifications and appeals, and permits certified CNAs from other states to apply for certification in New Jersey. Overall, the bill aims to improve patient safety and accountability in the care provided to vulnerable populations.

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