Bill Text: NJ A3077 | 2024-2025 | Regular Session | Introduced
Bill Title: Provides for reciprocity of certain out-of-State EMT certification; establishes criminal history record background check process.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2024-01-09 - Withdrawn Because Approved P.L.2023, c.229. [A3077 Detail]
Download: New_Jersey-2024-A3077-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman DONALD A. GUARDIAN
District 2 (Atlantic)
Co-Sponsored by:
Assemblywomen Murphy, Lopez, Lampitt, Haider and Assemblyman Moen
SYNOPSIS
Provides for reciprocity of certain out-of-State EMT certification; establishes criminal history record background check process.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning EMT certification, amending P.L.2013, c.101, and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2013, c.101 (C.26:2K-65) is amended to read as follows:
1. a. The Commissioner of Health [and Senior Services , with the approval of the State Board of Medical Examiners,] shall establish written standards which a person shall successfully complete in order to be certified as an [EMT-Basic] EMT.
b. A person who possesses a current EMT certification in good standing from another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico may obtain an EMT certification from the commissioner to provide basic life support and may make application therefor on forms prescribed by the commissioner.
c. The commissioner shall make a determination regarding applications of candidates for certification as an EMT within 30 days of the receipt of a complete application and background check. The determination may provide that the commissioner requires more time to adequately review the application. An application may be denied if the application is incomplete, contains false or fraudulent information, or the applicant has been suspended or revoked in any other state or jurisdiction or would otherwise be ineligible for EMT certification, as determined by the commissioner.
The commissioner shall approve an application upon determining that the certification standards of the applicant's certifying jurisdiction exceed or are equivalent to the EMT certification standards established by the commissioner and the applicant is not disqualified pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
d. Applicants for [EMT-Basic] EMT certification, who have equivalent military training or experience in any branch of the active duty or reserve component of the Armed Forces of the United States or the National Guard of any state, shall be certified by the commissioner if the commissioner determines that the applicant's military training and experience exceed or are equivalent to the certification standards established by the commissioner.
(cf: P.L.2013, c.101, s.1)
2. (New section) a. The Department of Health shall not issue a certification to an EMT candidate unless the commissioner first determines, consistent with the requirements of sections 1 through 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), 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 licensed.
An EMT certified by the department prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) who has not undergone a criminal history record background check, shall undergo the criminal history record background check as a condition of that individual's recertification following the effective date of P.L , c. (C. ) (pending before the Legislature as this bill).
A follow-up criminal history record background check of federal records shall be conducted at least once every three years as a condition of recertification for every EMT.
b. An EMT candidate shall be disqualified from certification if that candidate's criminal history record background check reveals a record of conviction of any of the following crimes or 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.;
(b) involving arson as set forth in N.J.S.2C:17-1 or causing or risking widespread injury or damage as set forth in N.J.S.2C:17-2;
(c) involving forgery and fraudulent offenses as set forth in chapter 21 of Title 2C of the New Jersey Statutes;
(d) against the family, children, or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:24-1 et seq.;
(e) involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes;
(f) involving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes; or
(g) that would qualify the person for registration pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2).
(2) In any other state or jurisdiction, of any crime or disorderly persons offense involving conduct which, if committed in this State, would constitute any of the crimes or disorderly offenses described in paragraph (1) of this subsection.
c. Except for a disqualification based on conviction for a crime enumerated in subparagraph (g) of paragraph (1) of subsection b. of this section or a crime in any other state or jurisdiction involving conduct which, if committed in this State, would constitute a crime enumerated in subparagraph (g) of paragraph (1) of subsection b. of this section, a person shall not be disqualified from licensure on the basis of any conviction disclosed by a criminal history record background check performed pursuant to the requirements of this act if the person has affirmatively demonstrated to the commissioner 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.
d. If a person subject to the provisions of sections 1 through 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) refuses to consent to, or cooperate in, the securing of a criminal history background check, the commissioner shall, as applicable:
(1) not issue an EMT certification; or
(2) revoke the person's EMT certification.
3. (New section) a. An applicant for certification as an EMT who is required to undergo a criminal history record background check pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall submit to the commissioner that individual's name, address, and fingerprints in accordance with the standards established by the New Jersey State Police and the Federal Bureau of Investigation for civil applicants. The commissioner is authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required by P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Upon receipt of the criminal history record information for a person from the Federal Bureau of Investigation or the Division of State Police, the commissioner shall immediately notify, in writing, the applicant of the results of the criminal history record background check. If the person is disqualified, the conviction or convictions which constitute the basis for the disqualification shall be identified in the notice to the person, but shall not be identified to any other person.
c. The person who is the subject of the background check shall have 30 days from the date of the written notice of disqualification to petition the commissioner for a hearing on the accuracy of the person's criminal history record information or to establish the person's rehabilitation under subsection c. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). Upon the issuance of a final decision following a petition to the commissioner pursuant to this subsection, the commissioner shall notify the person as to whether the person remains disqualified from licensure.
4. (New section) The Department of Health may require a candidate for an EMT certification to bear the costs of the criminal history record background check as may be deemed necessary by the department.
5. This act shall take effect immediately.
STATEMENT
This bill allows a person who possesses an EMT certification in good standing from another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico to obtain a New Jersey EMT certification from the Commissioner of Health provided that the standards of the other jurisdiction exceed or are equal to New Jersey's certification standard and is not disqualified under this bill.
The Commissioner of Health is required to make a determination upon candidates' applications for EMT certification within 30 days of the receipt of the complete application and criminal history records background check. The bill also provides that an EMT certified by the department prior to the bill's enactment is required to undergo a criminal history record background check following the bill's enactment upon renewal of the certification. A follow-up criminal history record background check of federal records is to be conducted at least once every three years as a condition of recertification for every EMT.
The bill establishes certain crimes for which a person would be disqualified from receiving an EMT certification. Those crimes or offenses include: homicide; assault; kidnapping; sexual assault; robbery; arson; causing or risking widespread injury or damage; crimes or offenses involving forgery; crimes or offenses against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:24-1 et seq.; certain crimes involving theft; certain crimes involving controlled dangerous substances; and sex offenses for which a person would be required to register under Megan's Law. A person with a disqualifying criminal record would be entitled to affirmatively demonstrate to the commissioner clear and convincing evidence of the rehabilitation under certain circumstances. A person convicted of Megan's Law sex offenses would not be entitled to demonstrate evidence of rehabilitation.
The commissioner shall not issue an EMT certification or shall revoke a certification of a person who refuses to consent to or cooperate in securing a criminal history background check.
The bill also provides for a written notice of criminal history disqualification and a request for a hearing on the accuracy of a person's criminal history record information or on the demonstration of the rehabilitation of the person from a listed crime or offense.
The Department of Health may require an EMT certification candidate to bear the costs of a criminal history record background check.
