Bill Text: NJ A5232 | 2016-2017 | Regular Session | Introduced


Bill Title: Establishes reciprocity requirements for out-of-State certified nurse aides and personal care assistants to practice in New Jersey.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-12-04 - Introduced, Referred to Assembly Health and Senior Services Committee [A5232 Detail]

Download: New_Jersey-2016-A5232-Introduced.html

ASSEMBLY, No. 5232

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED DECEMBER 4, 2017

 


 

Sponsored by:

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Establishes reciprocity requirements for out-of-State certified nurse aides and personal care assistants to practice in New Jersey.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning certified nurse aides and personal care assistants and supplementing Title 26 of the Revised Statutes.

 

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

 

     1.    An individual certified as a nurse aide or personal care assistant by another state or territory of the United States may apply to have that certification entered on the registry established and maintained by the Department of Health pursuant to section 3 of P.L.1997, c.100 (C.26:2H-84), provided that:

     a.     the Department of Health receives documentation from the other state or territory that the applicant holds a current, valid certification as a nurse aide or personal care assistant in the state or territory;

     b.    the applicant has not been convicted of any crimes and has no documented findings of abuse, neglect, or misappropriation of resident property in the other state or territory;

     c.     the applicant complies with the criminal history record background check requirements set forth under P.L.1997, c.100 (C.26:2H-83 et al.); and

     d.    (1) the applicant has completed a training and competency evaluation program at least equal to that required in New Jersey; or

     (2)  the applicant has the equivalent of at least five years of full time employment in the other state or territory as a nurse aide or personal care assistant, as appropriate, and the most recent date of such employment is within the 24 month period immediately preceding the date of the application.  The Department of Health may require an individual applying for a certification to be entered on the registry on the basis of work experience pursuant to this paragraph to complete an equivalency examination to verify the individual meets New Jersey's training and competency requirements.

 

     2.    The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to implement the provisions of this act.

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill establishes requirements for out-of-State nurse aide and personal care assistant certifications to be recognized in New Jersey. 

     Specifically, an individual may apply to have an out-of-State certification entered on the State registry of certified nurse aides and personal care assistants if: (1) the Department of Health receives documentation from the other state or U.S. territory that the applicant holds a current, valid certification as a nurse aide or personal care assistant in the state or territory; (2) the applicant has not been convicted of any crimes and has no documented findings of abuse, neglect, or misappropriation of resident property in the other state or territory; (3) the applicant successfully completes a criminal history record background check; and (4) the applicant has either completed a training and competency evaluation program at least equal to that required in New Jersey or meets certain work experience requirements.

     An applicant requesting that an out-of-State certification be entered on the New Jersey registry on the basis of work experience will be required to have the equivalent of at least five years of full time professional employment in the other state or territory, with the last date of such employment falling within the 24 month period immediately preceding the date of the application.  In addition, the Department of Health may require an individual requesting certification on the basis of work experience to complete an equivalency examination to verify the individual meets New Jersey's training and competency requirements.

     Although current regulations provide, under N.J.A.C.8:39-43.9, reciprocity for nurse aides who are certified to practice in other states, the regulations do not currently allow reciprocity on the basis of work experience or expressly provide reciprocity for personal care assistants.  In some cases, qualified nurse aides and personal care assistants coming into New Jersey from out-of-State will have extensive professional experience and a clean professional record, but may be unable to provide evidence of completing a training program because the program only retains student records for a limited period.  In such cases, these individuals are required to expend additional time and money unnecessarily repeating training courses and examinations that they have already completed.

     It is the sponsor's intent to facilitate the process of allowing qualified nurse aides and personal care assistants from outside the State to relocate to New Jersey and begin providing services while ensuring these professionals are compliant with New Jersey's high standards for professional training and competency, patient safety, and quality of care.   

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