New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A1128 Latest Draft

Bill / Amended Version Filed 06/27/2024

                            [First Reprint] ASSEMBLY, No. 1128   STATE OF NEW JERSEY 221st LEGISLATURE    PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION   

[First Reprint]

ASSEMBLY, No. 1128 



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 reported by the Assembly Budget Committee on June 26, 2024, with amendments.     

 

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 reported by the Assembly Budget Committee on June 26, 2024, with amendments.

   

 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 1[on the first day of the seventh month next following the date of enactment] immediately1 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 1[that date] the date of enactment1. 

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 1[on the first day of the seventh month next following the date of enactment] immediately1 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 1[that date] the date of enactment1.