New Jersey-2024-A1665-Introduced

An Act concerning nurses and supplementing and amending P.L.1947, c.262.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. New section a. As used in this section, "graduated nursing student" means a person who has graduated from an accredited nurse training program that offers a diploma, associate's degree, baccalaureate degree, or advanced degree in nursing but has not yet met the requirements for licensure as a licensed practical nurse or registered nurse.

b. The board may issue a temporary graduate nursing license to a graduated nursing student who submits an application for temporary licensure on a form and in a manner provided by the board. The board may assess application and licensure fees for a temporary graduate nursing license, which fees shall not exceed the fees assessed by the board for licensure of registered nurses and licensed practical nurses.

c. (1) Unless granted an extension pursuant to paragraph (3) of this subsection, a temporary graduate nurse license issued under this section shall be valid for one year.

(2) At least 90 days prior to the expiration date of a temporary graduate nurse license, the graduated nursing student shall initiate the process of applying for licensure as a registered nurse or a licensed practical nurse, as applicable, including registering for the applicable licensure examination, initiating the process of completing a criminal history record background check, and submitting the required fees.

(3) The board may authorize an extension of a temporary graduate nurse license for up to one year on the basis of illness or extreme hardship, provided the graduated nursing student submits an application for extension at least 60 days prior to the expiration of the license that includes a detailed, written explanation of the reason the extension is requested. If requesting an extension due to illness, the applicant shall provide certification of the illness from the applicant's treating health care provider. In no case shall the board grant an extension to a graduated nursing student who fails to meet the requirements of paragraph (2) of this subsection. An individual issued a temporary graduate nurse license shall be granted no more than one extension pursuant to this paragraph.

(4) A temporary graduate nurse license shall immediately expire if the graduated nursing student fails the applicable licensing examination.

d. A graduated nursing student shall not practice under a temporary graduate nurse license except when under the supervision of a licensed registered nurse who is physically present in the area where the graduated nursing student is practicing.

2. Section 4 of P.L.1947, c.262 (C.45:11-26) is amended to read as follows:

4. a. Qualifications of applicants. An applicant for a license to practice professional nursing shall submit to the board evidence in such form as the board may prescribe that said applicant: (1) [has attained his or her eighteenth birthday] is at least 18 years of age; (2) is of good moral character, is not a habitual user of drugs, and has never been convicted or has not pleaded nolo contendere, non vult contendere, or non vult to an indictment, information, or complaint alleging a violation of any [Federal] federal or State law relating to narcotic drugs; (3) holds a diploma from an accredited [4] four-year high school or the equivalent thereof as determined by the New Jersey State Department of Education; (4) has completed a course of professional nursing study in an accredited school of professional nursing as defined by the board and holds a diploma therefrom.

Notwithstanding anything herein contained, any person who possesses the educational and school of professional nursing qualifications for registration required by the law of this State at the time of [his or her] the person's graduation from an accredited school of professional nursing shall be deemed to possess the qualifications (3) and (4) prescribed hereinabove in this subsection.

Notwithstanding anything herein contained, any person who shall have qualifications (1) and (2) and shall have graduated from a school of professional nursing, which need not be an accredited school, shall be deemed to have qualifications (3) and (4) upon complying with such reasonable requirements as to high school and school of nursing studies and training as the board may prescribe; provided, however, that such person shall make application in form prescribed by the board within [1] one year from the effective date of this act and shall satisfactorily complete such reasonable requirements and successfully pass the examinations, which examinations shall be limited to subject matters in the curriculum required by the board at the time of the applicant's graduation, provided for in subsection b. hereof, within [2] two years after the date of the filing of such application.

b. License.

(1) By examination. The applicant shall be required to pass a written examination in such subjects as the board may determine, which examination may be supplemented by an oral or practical examination or both. Upon successfully passing such examinations the applicant shall be licensed by the board to practice professional nursing.

(2) By indorsement without examination. The board may issue a license to practice professional nursing without examination to an applicant who has been duly licensed or registered as a registered or professional nurse by examination or by original waiver under the laws of another State, territory or possession of the United States, or the District of Columbia, or any foreign country, if in the opinion of the board the applicant has the qualifications required by this act for the licensing of professional nurses, or equivalent qualifications.

c. Fees. An applicant for a license by examination shall pay to the board at the time of application a fee of $25.00 and at the time of each application for re-examination a fee of $20.00. An applicant for a license without examination shall pay to the board at the time of application a fee of $15.00.

d. Nurses registered under a previous law. Any person who on the effective date of this act holds a subsisting certificate of registration as a registered nurse issued pursuant to the provisions of the act repealed by section 22 of this act shall be deemed to be licensed as a professional nurse under this act during the calendar year in which this act shall take effect, and such person and any person who heretofore held a certificate of registration under said act hereby repealed as aforesaid shall be entitled to a renewal of such license as in the case of professional nurses licensed originally under this act.

e. Title and abbreviations used by licensee. Any person who holds a license to practice professional nursing under this act shall during the effective period of such license be entitled to use the title "Registered Nurse" and the abbreviation "R.N." The effective period of a license or a renewal thereof shall commence on the date of issuance and shall terminate at the end of the calendar year in which it is issued, and shall not include any period of suspension ordered by the board as hereinafter provided.

f. The board shall waive all initial, temporary, or renewal licensing fees, as established under N.J.A.C.13:37-5.5, section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), or any other law or regulation, imposed on an applicant for a license to practice professional nursing, if the applicant is employed by, or has received an offer of employment from, a long-term care facility, as defined in section 1 of P.L.2007, c.65 (C. 26:2H-12.33). The applicant shall be required to provide documentation of employment or an offer of employment, as determined by the board.

(cf: P.L.1966, c.186, s.2)

3. Section 5 of P.L.1947, c.262 (C.45:11-27) is amended to read as follows:

5. a. Qualifications of applicants. An applicant for a license to practice practical nursing shall submit to the board evidence in such form as the board may prescribe that the applicant (1) [has attained his or her eighteenth birthday] is at least 18 years of age; (2) is of good moral character, is not an habitual user of drugs, and has never been convicted or has not pleaded nolo contendere, non vult contendere, or non vult to an indictment, information, or complaint alleging a violation of any federal or State law relating to narcotic drugs; (3) has completed [2] two years of high school or the equivalent thereof, as determined by the New Jersey State Department of Education; (4) (a) has completed a course of study in a school of practical nursing approved by the board and holds a diploma therefrom, (b) holds a diploma from a school of practical nursing operated by a board of education in this State and is certified by the Department of Education as having completed the number of hours of instruction in the subjects in the curriculum prescribed by the board and an approved course of affiliation, (c) has completed the Army Practical Nurse Program (68WM6) or the Air Force Basic Medical Technician Corpsman Program 4N051 (5 Skill Level), or their equivalents, and was honorably discharged from military service, or (d) has equivalent qualifications as determined by the board including those determined pursuant to section 1 of P.L.2013, c.49 (C.45:1-15.3) and section 2 of P.L.2023, c.18 (C.45:11-27a).

b. License.

(1) By examination. The applicant shall be required to pass a written examination in such subjects as the board may determine, which examination may be supplemented by an oral or practical examination or both. Upon successfully passing such examinations, the applicant shall be licensed by the board to practice practical nursing.

(2) By indorsement without examination. The board shall issue a license to practice practical nursing without examination to any applicant who has been duly licensed as a practical nurse or a person entitled to perform similar services under a different title by practical nurse examination or by original waiver under the laws of another State, territory, or possession of the United States, or the District of Columbia, if in the opinion of the board the applicant has the qualifications required by this act for licensing of practical nurses or equivalent qualifications.

(3) Waiver. If application therefor is made, upon a form prescribed by the board, on or before September 1, 1958, the board shall issue without examination a license to practice practical nursing to an applicant who submits to the board evidence in such form as the board may prescribe that the applicant has qualifications (1) and (2) provided in subsection ["a"] a. of this section and had within [5] five years prior to application at least [2] two years of satisfactory experience in practical nursing, at least [1] one year of which shall have been performed in this State except in cases of such nursing performed in an agency or service of the [Federal Government] federal government; provided, that except in cases of such nursing performed in an agency or service of the [Federal Government] federal government, such applicant is indorsed under oath by [2] two physicians duly licensed to practice medicine and surgery in New Jersey who have personal knowledge of the applicant's qualifications and satisfactory performance of practical nursing and by [2] two persons who have employed the applicant.

c. Fees. An applicant for license by examination shall pay to the board at the time of application a fee of $20.00 and at the time of each application for re-examination a fee of $10.00. At the time of application an applicant for license without examination shall pay to the board a fee of $10.00, and an applicant for license by waiver shall pay to the board a fee of $10.00.

d. Title used by licensee. Any person who holds a license to practice practical nursing under this act shall during the effective period of such license be entitled to practice practical nursing and to use the title "Licensed Practical Nurse" and the abbreviation "L.P.N." The effective period of a license or a renewal thereof shall commence on the date of issuance and shall terminate at the end of the calendar year in which it is issued, and shall not include any period of suspension ordered by the board as hereinafter provided.

f. The board shall waive all initial, temporary, or renewal licensing fees, as established under N.J.A.C.13:37-5.5, section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), or any other law or regulation, imposed on an applicant for a license to practice practical nursing, if the applicant is employed by, or has received an offer of employment from, a long-term care facility, as defined in section 1 of P.L.2007, c.65 (C. 26:2H-12.33). The applicant shall be required to provide documentation of employment or an offer of employment, as determined by the board.

(cf: P.L.2023, c.18, s.1)

4. This act shall take effect immediately.

STATEMENT

This bill authorizes nursing school graduates to be issued a temporary license to practice. Specifically, any person who has graduated from a nurse training program but has not yet met the requirements for licensure as a licensed practical nurse or registered nurse may apply to the New Jersey Board of Nursing (board) for a temporary license. Applications are to be submitted in a form and manner and are to be subject to any fees as are required by the board. The fees assessed for a temporary license may not exceed the fees assessed by the board for a full nurse license.

A temporary graduate nurse license will be valid for one year. At least 90 days prior to the expiration of the temporary license, the graduated nursing student will be required to initiate the process of applying for full licensure as a registered nurse or a licensed practical nurse, as applicable, including registering for the applicable licensure examination, initiating the process of completing a criminal history record background check, and submitting the required fees. A temporary graduate nurse license will immediately expire if the graduated nursing student fails the applicable licensing examination.

The board may authorize an extension of a temporary graduate nurse license for up to one year on the basis of illness or extreme hardship, provided the graduated nursing student has initiated the process of applying for full licensure and submits an application for extension at least 60 days prior to the expiration of the license that includes a detailed, written explanation of the reason the extension is requested. If requesting an extension due to illness, the applicant will be required to provide certification of the illness from the applicant's treating health care provider. A temporary graduate nurse license may only be extended once.

Graduated nursing students will only be authorized to practice under the supervision of a licensed registered nurse who is physically present in the area or unit where the graduated nursing student is practicing.