October 30, 2024

New Jersey’s Governor, Phil Murphy, recently signed S-2311/A-1128 into law. This legislation created new requirements for background checks aimed at certain healthcare professionals not covered under previous legislation.

According to S-2311/A-1128, enforcing the new background check requirements will improve patient safety. It does so by requiring background checks from more individuals during the licensure process. However, this expansion applies to specific positions now covered by this legislation.

Senator Robert Singer and Representatives Monmouth and Ocean sponsored S-2311/A-1128. The legislation will now require applied behavior analysts, art therapists, and dietitians/nutritionists to acquire criminal background checks as part of the licensure process.

Previously, these positions did not have a standardized background check requirement following licensure acquisition. Instead, individual employers had to require background checks. Sometimes, they enforced more stringent screening procedures, but most waived this step.

Though national boards existed to administer credentials and ensure a certain standard of care, their licensure within New Jersey is relatively new. Before S-2311/A-1128 created these licensing requirements, those with credentials revoked by one of these national boards could still find employment in one of the covered positions within New Jersey. However, this legislation now makes working with a revoked license a crime.

This situation occurred because the definition of a healthcare professional under previous laws did not include these positions. As such, S-211/A-1128 rectified this by defining the definition. It now contains positions regulated under “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.” Professionals attempting to acquire or renew their license with one of these boards must now undergo a criminal background check during the licensing process.

A board may address any criminal records discovered during these background checks. As such, they can either revoke or deny the issuance or renewal of a license. This power helps protect the vulnerable populations that these professionals work with. These professions often work with children and the elderly in schools to provide emotional or behavioral assistance. Because such positions often work with these vulnerable populations, S-2311/A-1128 will subject professionals to strict background check requirements, regardless of where they work. Legislators expect this law to help ensure public safety.

According to State Senator Singer, this legislation corrected a loophole he called a mistake. He believed it crucial to address the issue of leaving background-checking professionals to the discretion of individual facilities.”We’re closing the loop to make sure that people who deal with the public have the proper background check and credentials,” he explained. “We made a mistake, we corrected it, and fortunately there was no harm, no foul.”

Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

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