A2803

An Act concerning the licensure of health care professionals and amending various parts of the statutory law.

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

1. Section 1 of P.L.2017, c.117 (C.45:1-61) is amended to read as follows:

1. As used in P.L.2017, c.117 (C.45:1-61 et al.):

"Asynchronous store-and-forward" means the acquisition and transmission of images, diagnostics, data, and medical information either to, or from, an originating site or to, or from, the health care provider at a distant site, which allows for the patient to be evaluated without being physically present.

"Cross-coverage service provider" means a health care provider, acting within the scope of a valid license or certification issued pursuant to Title 45 of the Revised Statutes, who engages in a remote medical evaluation of a patient, without in-person contact, at the request of another health care provider who has established a proper provider-patient relationship with the patient.

"Distant site" means a site at which a health care provider, acting within the scope of a valid license or certification issued pursuant to Title 45 of the Revised Statutes, is located while providing health care services by means of telemedicine or telehealth.

"Health care provider" means an individual who provides a health care service to a patient, and includes, but is not limited to, a licensed physician, nurse, nurse practitioner, psychologist, psychiatrist, psychoanalyst, clinical social worker, physician assistant, professional counselor, respiratory therapist, speech pathologist, audiologist, optometrist, or any other health care professional acting within the scope of a valid license or certification issued pursuant to Title 45 of the Revised Statutes. “Health care provider” includes a health care provider practicing under a temporary graduate license, a health care practitioner practicing under a provisional authorization to practice and an alcohol and drug counselor-intern practicing under the authority of subsection c. of section 10 of P.L.1997, c.331 (C.45:2D-10).

"On-call provider" means a licensed or certified health care provider who is available, where necessary, to physically attend to the urgent and follow-up needs of a patient for whom the provider has temporarily assumed responsibility, as designated by the patient's primary care provider or other health care provider of record.

"Originating site" means a site at which a patient is located at the time that health care services are provided to the patient by means of telemedicine or telehealth.

“Provisional authorization to practice” means an authorization to practice issued to an out-of-State health care professional in one of the following professions pending a final determination on an application for licensure or certification to practice in New Jersey: a licensed alcohol and drug counselor, pursuant to subsection b. of section 3 of P.L.1997, c.331 (C.45:2D-10); a marriage and family therapist, pursuant to subsection b. of section 21 of P.L.1968, c.401 (C.45:8B-21); a professional counselor, pursuant to subsection b. of section 13 of P.L.1993, c.340 (C.45:8B-46); medicine or surgery, pursuant to subsection b. of R.S.45:9-13; a homemaker-home health aide, pursuant to subsection b. of section 1 of P.L.1990, c.125 (C.45:11-24.2); a professional nurse, pursuant to paragraph (1) of subsection f. of section 4 of P.L.1947, c.262 (C.45:11-26); a practical nurse, pursuant to paragraph (1) of subsection e. of section 5 of P.L.1947, c.262 (C.45:11-27); an advanced practice nurse, pursuant to subsection d. of section 8 of P.L.1991, c.377 (C.45:11-47); a psychologist, pursuant to subsection b. of section 20 of P.L.1966, c.282 (C.45:14B-20); a psychoanalyst, pursuant to subsection b. of section 10 of P.L.2000, c.57 (C.45:14BB-10); a respiratory care practitioner, pursuant to subsection b. of section 13 of P.L.1991, c.31 (C.45:14E-13); or a social worker, pursuant to subsection b. of section 7 of P.L.1991, c.134 (C.45:15BB-7).

"Telehealth" means the use of information and communications technologies, including telephones, remote patient monitoring devices, or other electronic means, to support clinical health care, provider consultation, patient and professional health-related education, public health, health administration, and other services in accordance with the provisions of P.L.2017, c.117 (C.45:1-61 et al.).

"Telemedicine" means the delivery of a health care service using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care provider who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening health care provider, and in accordance with the provisions of P.L.2017, c.117 (C.45:1-61 et al.). "Telemedicine" does not include the use, in isolation, of electronic mail, instant messaging, phone text, or facsimile transmission.

"Telemedicine or telehealth organization" means a corporation, sole proprietorship, partnership, or limited liability company that is organized for the primary purpose of administering services in the furtherance of telemedicine or telehealth.

“Temporary graduate license” means a temporary license to practice: as an associate counselor issued pursuant to subsection c. of section 13 of P.L.1993, c.340 (C.45:8B-46); as a physician assistant issued pursuant to subsection f. of section 4 of P.L.1991, c.378 (C.45:9-27.13); as a professional nurse pursuant to subsection g. of section 4 of P.L.1947, c.262 (C.45:11-26); as a practical nurse pursuant to subsection f. of section 5 of P.L.1947, c.262 (C.45:11-27); as a pharmacist pursuant to subsection d. of section 14 of P.L.2003, c.280 (C.45:14-53); as a respiratory care practitioner pursuant to subsection c. of section 13 of P.L.1991, c.31 (C.45:14E-13); or as a licensed social worker pursuant to subsection c. of section 7 of P.L.1991, c.134 (C.45:15BB-7).

(cf: P.L.2021, c.310, s.3)

2. Section 2 of P.L.2017, c.117 (C.45:1-62) is amended to read as follows:

2. a. Unless specifically prohibited or limited by federal or State law, a health care provider who establishes a proper provider-patient relationship with a patient may remotely provide health care services to a patient through the use of telemedicine. A health care provider may also engage in telehealth as may be necessary to support and facilitate the provision of health care services to patients. Nothing in P.L.2017, c.117 (C.45:1-61 et al.) shall be construed to allow a provider to require a patient to use telemedicine or telehealth in lieu of receiving services from an in-network provider.

b. Any health care provider who uses telemedicine or engages in telehealth while providing health care services to a patient, shall: (1) be validly licensed, certified, [or] registered, or otherwise authorized, pursuant to Title 45 of the Revised Statutes, to provide such services in the State of New Jersey; (2) remain subject to regulation by the appropriate New Jersey State licensing board or other New Jersey State professional regulatory entity; (3) act in compliance with existing requirements regarding the maintenance of liability insurance; and (4) remain subject to New Jersey jurisdiction.

c. (1) Telemedicine services may be provided using interactive, real-time, two-way communication technologies or, subject to the requirements of paragraph (2) of this paragraph, asynchronous store-and-forward technology.

(2) A health care provider engaging in telemedicine or telehealth may use asynchronous store-and-forward technology to provide services with or without the use of interactive, real-time, two-way audio if, after accessing and reviewing the patient's medical records, the provider determines that the provider is able to meet the same standard of care as if the health care services were being provided in person and informs the patient of this determination at the outset of the telemedicine or telehealth encounter.

(3) (a) At the time the patient requests health care services to be provided using telemedicine or telehealth, the patient shall be clearly advised that the telemedicine or telehealth encounter may be with a health care provider who is not a physician, and that the patient may specifically request that the telemedicine or telehealth encounter be scheduled with a physician. If the patient requests that the telemedicine or telehealth encounter be with a physician, the encounter shall be scheduled with a physician. (b) The identity, professional credentials, and contact information of a health care provider providing telemedicine or telehealth services shall be made available to the patient at the time the patient schedules services to be provided using telemedicine or telehealth, if available, or upon confirmation of the scheduled telemedicine or telehealth encounter, and shall be made available to the patient during and after the provision of services. The contact information shall enable the patient to contact the health care provider, or a substitute health care provider authorized to act on behalf of the provider who provided services, for at least 72 hours following the provision of services. If the health care provider is not a physician, and the patient requests that the services be provided by a physician, the health care provider shall assist the patient with scheduling a telemedicine or telehealth encounter with a physician.

(4) A health care provider engaging in telemedicine or telehealth shall review the medical history and any medical records provided by the patient. For an initial encounter with the patient, the provider shall review the patient's medical history and medical records prior to initiating contact with the patient, as required pursuant to paragraph (3) of subsection a. of section 3 of P.L.2017, c.117 (C.45:1-63). In the case of a subsequent telemedicine or telehealth encounter conducted pursuant to an ongoing provider-patient relationship, the provider may review the information prior to initiating contact with the patient or contemporaneously with the telemedicine or telehealth encounter.

(5) Following the provision of services using telemedicine or telehealth, the patient's medical information shall be entered into the patient's medical record, whether the medical record is a physical record, an electronic health record, or both, and, if so requested to by the patient, forwarded directly to the patient's primary care provider, health care provider of record or any other health care providers as may be specified by the patient. For patients without a primary care provider or other health care provider of record, the health care provider engaging in telemedicine or telehealth may advise the patient to contact a primary care provider, and, upon request by the patient, shall assist the patient with locating a primary care provider or other in-person medical assistance that, to the extent possible, is located within reasonable proximity to the patient. The health care provider engaging in telemedicine or telehealth shall also refer the patient to appropriate follow up care where necessary, including making appropriate referrals for in-person care or emergency or complementary care, if needed. Consent may be oral, written, or digital in nature, provided that the chosen method of consent is deemed appropriate under the standard of care.

d. (1) Any health care provider providing health care services using telemedicine or telehealth shall be subject to the same standard of care or practice standards as are applicable to in-person settings. If telemedicine or telehealth services would not be consistent with this standard of care, the health care provider shall direct the patient to seek in-person care.

(2) Diagnosis, treatment, and consultation recommendations, including discussions regarding the risk and benefits of the patient's treatment options, which are made through the use of telemedicine or telehealth, including the issuance of a prescription based on a telemedicine or telehealth encounter, shall be held to the same standard of care or practice standards as are applicable to in-person settings. Unless the provider has established a proper provider-patient relationship with the patient, a provider shall not issue a prescription to a patient based solely on the responses provided in an online static questionnaire.

(3) In the event that a mental health screener, screening service, or screening psychiatrist subject to the provisions of P.L.1987, c.116 (C.30:4-27.1 et seq.) determines that an in-person psychiatric evaluation is necessary to meet standard of care requirements, or in the event that a patient requests an in-person psychiatric evaluation in lieu of a psychiatric evaluation performed using telemedicine or telehealth, the mental health screener, screening service, or screening psychiatrist may nevertheless perform a psychiatric evaluation using telemedicine and telehealth if it is determined that the patient cannot be scheduled for an in-person psychiatric evaluation within the next 24 hours. Nothing in this paragraph shall be construed to prevent a patient who receives a psychiatric evaluation using telemedicine and telehealth as provided in this paragraph from receiving a subsequent, in-person psychiatric evaluation in connection with the same treatment event, provided that the subsequent in-person psychiatric evaluation is necessary to meet standard of care requirements for that patient.

e. The prescription of Schedule II controlled dangerous substances through the use of telemedicine or telehealth shall be authorized only after an initial in-person examination of the patient, as provided by regulation, and a subsequent in-person visit with the patient shall be required every three months for the duration of time that the patient is being prescribed the Schedule II controlled dangerous substance. However, the provisions of this subsection shall not apply, and the in-person examination or review of a patient shall not be required, when a health care provider is prescribing a stimulant which is a Schedule II controlled dangerous substance for use by a minor patient under the age of 18, provided that the health care provider is using interactive, real-time, two-way audio and video technologies when treating the patient and the health care provider has first obtained written consent for the waiver of these in-person examination requirements from the minor patient's parent or guardian.

f. A mental health screener, screening service, or screening psychiatrist subject to the provisions of P.L.1987, c.116 (C.30:4-27.1 et seq.):

(1) shall not be required to obtain a separate authorization in order to engage in telemedicine or telehealth for mental health screening purposes; and

(2) shall not be required to request and obtain a waiver from existing regulations, prior to engaging in telemedicine or telehealth.

g. A health care provider who engages in telemedicine or telehealth, as authorized by P.L.2017, c.117 (C.45:1-61 et al.), shall maintain a complete record of the patient's care, and shall comply with all applicable State and federal statutes and regulations for recordkeeping, confidentiality, and disclosure of the patient's medical record.

h. A health care provider shall not be subject to any professional disciplinary action under Title 45 of the Revised Statutes solely on the basis that the provider engaged in telemedicine or telehealth pursuant to P.L.2017, c.117 (C.45:1-61 et al.).

i. (1) In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the State boards or other entities that, pursuant to Title 45 of the Revised Statutes, are responsible for the licensure, certification, or registration of health care providers in the State, shall each adopt rules and regulations that are applicable to the health care providers under their respective jurisdictions, as may be necessary to implement the provisions of this section and facilitate the provision of telemedicine and telehealth services. Such rules and regulations shall, at a minimum:

(a) include best practices for the professional engagement in telemedicine and telehealth;

(b) ensure that the services patients receive using telemedicine or telehealth are appropriate, medically necessary, and meet current quality of care standards;

(c) include measures to prevent fraud and abuse in connection with the use of telemedicine and telehealth, including requirements concerning the filing of claims and maintaining appropriate records of services provided; and

(d) provide substantially similar metrics for evaluating quality of care and patient outcomes in connection with services provided using telemedicine and telehealth as currently apply to services provided in person.

(2) In no case shall the rules and regulations adopted pursuant to paragraph (1) of this subsection require a provider to conduct an initial in-person visit with the patient as a condition of providing services using telemedicine or telehealth.

(3) The failure of any licensing board to adopt rules and regulations pursuant to this subsection shall not have the effect of delaying the implementation of this act, and shall not prevent health care providers from engaging in telemedicine or telehealth in accordance with the provisions of this act and the practice act applicable to the provider's professional licensure, certification, or registration.

(cf: P.L.2021, c.310, s.4)

3. Section 10 of P.L.1997, c.331 (C.45:2D-10) is amended to read as follows:

10. a. The board may grant a license or certification to any person who at the time of application is licensed or certified by a governmental agency located in another state, territory or jurisdiction, if in the opinion of the committee the requirements of that licensure or certification are substantially similar to the requirements of this act.

b. (1) Notwithstanding any other provision of law to the contrary, an individual who is currently licensed or certified by a governmental agency located in another state as an alcohol and drug counselor who applies for licensure as an alcohol and drug counselor in New Jersey shall be authorized to practice as an alcohol and drug counselor in New Jersey pending a final determination on the individual’s application.

(2) (a) An individual practicing as an alcohol and drug counselor pending a final determination on the individual’s licensure application pursuant to paragraph (1) of this subsection shall immediately notify the Division of Consumer Affairs in the Department of Law and Public Safety if the individual’s authorization to practice in any other state is suspended, revoked, or subject to adverse disciplinary action. The division shall make a determination as to the individual’s continuing authorization to practice in New Jersey pursuant to this subsection; until such determination is made, the individual shall not be authorized to practice in New Jersey pursuant to this subsection.

(b) An individual who fails to provide notice to the division as required under subparagraph (a) of this paragraph shall be liable to a civil penalty of $500 per day for each day the individual fails to provide the required notice, which civil penalty shall be collected by the division in summary proceedings before a court of competent jurisdiction pursuant to the provisions of the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

(c) An individual against whom a civil penalty is assessed pursuant to subparagraph (b) of this paragraph shall have the opportunity to demonstrate to the court that the individual did not know, and had no reason to know, that the individual’s authorization to practice in any other state was suspended, revoked, or subject to adverse disciplinary action, or to demonstrate that the action taken by the other state was for a purely technical violation or a violation that was minor in nature and did not adversely affect the health or safety of any individual. If the court finds that the person did not know and had no reason to know of the action taken by the other state against the person’s authorization to practice, or that the action taken by the other state was for a purely technical violation or a violation that was minor in nature and did not adversely affect the health or safety of any individual, the court may reduce or eliminate a civil penalty assessed pursuant to subparagraph (b) of this paragraph.

c. Notwithstanding any other provision of law to the contrary, an alcohol and drug counselor-intern working in a substance use disorder treatment facility licensed by the Division of Mental Health and Addiction Services in the Department of Human Services shall be authorized to meet the supervised work experience requirements for certification as an alcohol and drug counselor through the provision of services using telemedicine and telehealth, as those terms are defined in section 1 of P.L.2017, c.117 (C.45:1-61), provided the intern:

(1) is operating under a plan of supervision approved by the Alcohol and Drug Counselor Committee of the New Jersey State Board of Marriage and Family Therapy;

(2) practices under the supervision of the intern’s qualified clinical supervisor;

(3) has completed at least 150 hours of approved core content education required for certification as an alcohol and drug counselor;

(4) has completed at least 300 hours of supervised work experience in person; and

(5) has attended at least 15 alcohol and drug abuse self-help group meetings.

(cf: P.L.1997, c.331, s.10)

4. Section 21 of P.L.1968, c.401 (C.45:8B-21) is amended to read as follows:

21. a. The board may issue a license by an examination of credentials to any applicant who presents evidence that he is licensed or certified as a marriage and family therapist in another state with requirements for that license or certificate such that the board is of the opinion that the applicant is competent to engage in the practice of marriage and family therapy in this State.

b. (1) Notwithstanding any other provision of law to the contrary, an individual who is currently licensed or certified by a governmental agency located in another state as a marriage and family therapist who applies for licensure as a marriage and family therapist in New Jersey shall be authorized to practice as a marriage and family therapist in New Jersey pending a final determination on the individual’s application.

(2) (a) An individual practicing as a marriage and family therapist pending a final determination on the individual’s licensure application pursuant to paragraph (1) of this subsection shall immediately notify the Division of Consumer Affairs in the Department of Law and Public Safety if the individual’s authorization to practice in any other state is suspended, revoked, or subject to adverse disciplinary action. The division shall make a determination as to the individual’s continuing authorization to practice in New Jersey pursuant to this subsection; until such determination is made, the individual shall not be authorized to practice in New Jersey pursuant to this subsection.

(cf: P.L.1995, c.366, s.14)

5. Section 13 of P.L.1993, c.340 (C.45:8B-46) is amended to read as follows:

13. a. The board may grant a license to practice counseling or rehabilitation counseling to any person who at the time of application is licensed or certified by an agency located in another state, territory or jurisdiction, if in the opinion of the committee the requirements of that licensure or certification are substantially similar to the requirements of this act.

b. (1) Notwithstanding any other provision of law to the contrary, an individual who is currently licensed or certified by a governmental agency located in another state as a professional counselor who applies for licensure as a professional counselor in New Jersey shall be authorized to practice as a professional counselor in New Jersey pending a final determination on the individual’s application.

(2) (a) An individual practicing as a professional counselor pending a final determination on the individual’s licensure application pursuant to paragraph (1) of this subsection shall immediately notify the Division of Consumer Affairs in the Department of Law and Public Safety if the individual’s authorization to practice in any other state is suspended, revoked, or subject to adverse disciplinary action. The division shall make a determination as to the individual’s continuing authorization to practice in New Jersey pursuant to this subsection; until such determination is made, the individual shall not be authorized to practice in New Jersey pursuant to this subsection.

c. Notwithstanding any other provision of law to the contrary, any person who has graduated with a master’s degree or doctorate in counseling from a regionally accredited institution of higher education, or an institution accredited by the Council for the Accreditation of Counseling and Related Educational Programs, may be issued a temporary license to practice as an associate counselor in New Jersey until such time as the person is issued a full associate counselor license or the person fails the associate counselor licensure examination or is otherwise denied licensure, provided that no more than six months have elapsed since the person’s date of graduation and the person:

(1) has initiated the application process for an associate counselor license, including submitting the applicable fee and, if the person is required to successfully complete a licensure examination as a condition of licensure, registering to take the next scheduled licensure examination if the person has not already successfully completed the licensure examination, which process may be initiated at any time after the person commences the final quarter or semester of the person’s master’s or doctoral program, as applicable, or when authorized by the board, whichever is earlier;

(2) completes a criminal history record background check, the results of which, notwithstanding any other provision of law or regulation to the contrary, shall be valid for the purposes of the person’s application for licensure until such time as the board makes a final determination on the application; and

(3) complies with all applicable scope of practice and supervision requirements.

(cf: P.L.1997, c.155, s.12)

6. R.S.45:9-13 is amended to read as follows:

45:9-13. a. Any applicant for a license to practice medicine and surgery, upon proving that he has been examined and licensed by the examining and licensing board of another State of the United States or by the National Board of Medical Examiners or by certificates of the National Board of Examiners for Osteopathic Physicians and Surgeons, may, in the discretion of the board of medical examiners of this State, be granted a license to practice medicine and surgery without further examination upon payment to the treasurer of the board of a license fee of $150.00; provided, such applicant shall furnish proof that he can fulfill the requirements demanded in the other sections of this article relating to applicants for admission by examination. In any such application for a license without examination, all questions of academic requirements of other States shall be determined by the Commissioner of Education of this State.

b. (1) Notwithstanding any other provision of law to the contrary, an individual who is currently licensed to practice medicine or surgery in another state who applies for licensure to practice medicine or surgery in New Jersey shall be authorized to practice medicine or surgery, consistent with the scope of the license held in the other state, in New Jersey pending a final determination on the individual’s application.

(2) (a) An individual practicing medicine or surgery pending a final determination on the individual’s licensure application pursuant to paragraph (1) of this subsection shall immediately notify the Division of Consumer Affairs in the Department of Law and Public Safety if the individual’s authorization to practice in any other state is suspended, revoked, or subject to adverse disciplinary action. The division shall make a determination as to the individual’s continuing authorization to practice in New Jersey pursuant to this subsection; until such determination is made, the individual shall not be authorized to practice in New Jersey pursuant to this subsection.

(cf: P.L.1973, c.166, s.3)

7. Section 4 of P.L.1991, c.378 (C.45:9-27.13) is amended to read as follows:

4. a. The board shall issue a license as a physician assistant to an applicant who has fulfilled the following requirements:

(1) Is at least 18 years of age;

(2) Is of good moral character;

(3) Has successfully completed an accredited program; and

(4) Has passed the national certifying examination administered by the National Commission on Certification of Physician Assistants, or its successor.

b. In addition to the requirements of subsection a. of this section, an applicant for renewal of a license as a physician assistant shall:

(1) Execute and submit a sworn statement made on a form provided by the board that neither the license for which renewal is sought nor any similar license or other authority issued by another jurisdiction has been revoked or suspended; and

(2) Present satisfactory evidence that any continuing education requirements have been completed as required by P.L.1991, c.378 (C.45:9-27.10 et seq.).

c. The board, in consultation with the committee, may accept, in lieu of the requirements of subsection a. of this section, proof that an applicant for licensure holds a current license in a state which has standards substantially equivalent to those of this State.

d. (Deleted by amendment, P.L.2015, c.224)

e. A physician assistant who notifies the board in writing on forms prescribed by the board may elect to place the physician assistant's license on inactive status. A physician assistant with an inactive license shall not be subject to the payment of renewal fees and shall not practice as a physician assistant. A licensee who engages in practice while the physician assistant's license is lapsed or on inactive status shall be deemed to have engaged in professional misconduct in violation of subsection e. of section 8 of P.L.1978, c.73 (C.45:1-21) and shall be subject to disciplinary action by the committee pursuant to P.L.1978, c.73 (C.45:1-14 et seq.). A physician assistant requesting restoration from an inactive status shall be required to pay the current renewal fee and shall be required to meet the criteria for renewal as specified by the board.

f. Notwithstanding any other provision of law to the contrary, any person who has graduated from an accredited physician assistant training program may be issued a temporary license to practice as a physician assistant in New Jersey, and provide services both in person and using telemedicine and telehealth, until such time as the person is either issued a full physician assistant license or the person fails the physician assistant licensure examination or is otherwise denied licensure, provided that no more than six months have elapsed since the person’s date of graduation and the person:

(1) has initiated the application process for a physician assistant license, including submitting the applicable fee and, if the person is required to successfully complete a licensure examination as a condition of licensure, registering to take the next scheduled licensure examination if the person has not already successfully completed the licensure examination, which process may be initiated at any time after the person commences the final quarter or semester of the person’s training program, as applicable, or when authorized by the board, whichever is earlier;

(2) only practices under appropriate supervision, which may include a preceptor relationship, in an acute care facility licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.);

(3) does not order or prescribe controlled dangerous substances, does not authorize patients for medical cannabis, and does not issue written instructions for medical cannabis;

(4) completes a criminal history record background check, the results of which, notwithstanding any other provision of law or regulation to the contrary, shall be valid for the purposes of the person’s application for licensure until such time as the board makes a final determination on the application; and

(5) complies with all applicable scope of practice and supervision requirements, as well as the terms of the person’s delegation agreement with a supervising physician.

(cf: P.L.2015, c.224, s.2)

8. Section 1 of P.L.1990, c.125 (C.45:11-24.2) is amended to read as follows:

1. a. The board shall provide that a person may satisfy the examination requirement for certification as a homemaker-home health aide by passing an oral competency evaluation in English or Spanish.

b. (1) Notwithstanding any other provision of law to the contrary, an individual who is currently licensed or certified by a governmental agency located in another state as a homemaker-home health aide who applies for certification as a homemaker-home health aide in New Jersey shall be authorized to practice as a homemaker-home health aide in New Jersey pending a final determination on the individual’s application.

(2) (a) An individual practicing as a homemaker-home health aide pending a final determination on the individual’s application for certification pursuant to paragraph (1) of this subsection shall immediately notify the Division of Consumer Affairs in the Department of Law and Public Safety if the individual’s authorization to practice in any other state is suspended, revoked, or subject to adverse disciplinary action. The division shall make a determination as to the individual’s continuing authorization to practice in New Jersey pursuant to this subsection; until such determination is made, the individual shall not be authorized to practice in New Jersey pursuant to this subsection.

(cf: P.L.1990, c.125, s.1)

9. 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; (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 or State law relating to narcotic drugs; (3) holds a diploma from an accredited 4-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 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 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 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. (1) Notwithstanding any other provision of law to the contrary, an individual who is currently licensed or certified by a governmental agency located in another state as a registered or professional nurse who applies for licensure as a professional nurse in New Jersey shall be authorized to practice as a professional nurse in New Jersey pending a final determination on the individual’s application.

(2) (a) An individual practicing as a professional nurse pending a final determination on the individual’s licensure application pursuant to paragraph (1) of this subsection shall immediately notify the Division of Consumer Affairs in the Department of Law and Public Safety if the individual’s authorization to practice in any other state is suspended, revoked, or subject to adverse disciplinary action. The division shall make a determination as to the individual’s continuing authorization to practice in New Jersey pursuant to this subsection; until such determination is made, the individual shall not be authorized to practice in New Jersey pursuant to this subsection.

(3) The provisions of this subsection shall not apply to a professional nurse who holds a multistate license issued pursuant to P.L.2019, c.172 (C.45:11A-9 et seq.) or affect the authority of any nurse holding a multistate license to practice in New Jersey under that license.

g. Notwithstanding any other provision of law to the contrary, any person who has graduated from an accredited professional nurse training program may be issued a temporary license to practice as a professional nurse in New Jersey, and provide services both in person and using telemedicine and telehealth, until such time as the person is issued a full professional nurse license or the person fails the professional nurse licensure examination or is otherwise denied licensure, provided that no more than six months have elapsed since the person’s date of graduation and the person:

(1) has initiated the application process for a professional nurse license, including submitting the applicable fee and, if the person is required to successfully complete a licensure examination as a condition of licensure, registering to take the next scheduled licensure examination if the person has not already successfully completed the licensure examination, which process may be initiated at any time after the person commences the final quarter or semester of the person’s training program, as applicable, or when authorized by the board, whichever is earlier;

(3) completes a criminal history record background check, the results of which, notwithstanding any other provision of law or regulation to the contrary, shall be valid for the purposes of the person’s application for licensure until such time as the board makes a final determination on the application; and

(4) complies with all applicable scope of practice and supervision requirements.

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

10. 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; (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 years of high school or the equivalent thereof, as determined by the New Jersey State Department of Education; (4) has completed a course of study in a school of practical nursing approved by the board and holds a diploma therefrom, or 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 or has equivalent qualifications as determined by the board.

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" of this section and had within 5 years prior to application at least 2 years of satisfactory experience in practical nursing, at least 1 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; provided, that except in cases of such nursing performed in an agency or service of the Federal Government, such applicant is indorsed under oath by 2 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 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.

e. (1) Notwithstanding any other provision of law to the contrary, an individual who is currently licensed or certified by a governmental agency located in another state as a practical nurse who applies for licensure as a practical nurse in New Jersey shall be authorized to practice for up to one year as a practical nurse in New Jersey pending a final determination on the individual’s application.

(2) (a) An individual practicing as a practical nurse pending a final determination on the individual’s licensure application pursuant to paragraph (1) of this subsection shall immediately notify the Division of Consumer Affairs in the Department of Law and Public Safety if the individual’s authorization to practice in any other state is suspended, revoked, or subject to adverse disciplinary action. The division shall make a determination as to the individual’s continuing authorization to practice in New Jersey pursuant to this subsection; until such determination is made, the individual shall not be authorized to practice in New Jersey pursuant to this subsection.

(3) The provisions of this subsection shall not apply to a practical nurse who holds a multistate license issued pursuant to P.L.2019, c.172 (C.45:11A-9 et seq.) or affect the authority of any nurse holding a multistate license to practice in New Jersey under that license.

f. Notwithstanding any other provision of law to the contrary, any person who has graduated from an accredited practical nurse training program may be issued a temporary license to practice as a practical nurse in New Jersey, and provide services both in person and using telemedicine and telehealth, until such time as the person is issued a full practical nurse license or the person fails the practical nurse licensure examination or is otherwise denied licensure, provided that no more than six months have elapsed since the person’s date of graduation and the person:

(1) has initiated the application process for a practical nurse license, including submitting the applicable fee and, if the person is required to successfully complete a licensure examination as a condition of licensure, registering to take the next scheduled licensure examination if the person has not already successfully completed the licensure examination, which process may be initiated at any time after the person commences the final quarter or semester of the person’s training program, as applicable, or when authorized by the board, whichever is earlier;

(4) complies with all applicable scope of practice and supervision requirements.

(cf: P.L.1966, c.186, s.3)

11. Section 8 of P.L.1991, c.377 (C.45:11-47) is amended to read as follows:

8. a. The New Jersey Board of Nursing may issue a certification as an advanced practice nurse to an applicant who fulfills the following requirements:

(1) Is at least 18 years of age;

(2) Is of good moral character;

(3) Is a registered professional nurse;

(4) Has successfully completed an educational program, including pharmacology, approved by the board; and

(5) Has passed a written examination approved by the board.

b. In addition to the requirements of subsection a. of this section, an applicant for renewal of a certification as an advanced practice nurse shall present satisfactory evidence that, in the period since the certification was issued or last renewed, all continuing education requirements have been completed as required by regulations adopted by the board.

c. The board may accept, in lieu of the written examination required by paragraph (5) of subsection a. of this section, proof that an applicant for certification holds a current certification in a state which has standards substantially equivalent to those of this State.

d. (1) Notwithstanding any other provision of law to the contrary, an individual who is currently licensed or certified by a governmental agency located in another state as an advanced practice nurse who applies for certification as an advanced practice nurse in New Jersey shall be authorized to practice for up to one year as an advanced practice nurse in New Jersey pending a final determination on the individual’s application.

(2) (a) An individual practicing as an advanced practice nurse pending a final determination on the individual’s application for certification pursuant to paragraph (1) of this subsection shall immediately notify the Division of Consumer Affairs in the Department of Law and Public Safety if the individual’s authorization to practice in any other state is suspended, revoked, or subject to adverse disciplinary action. The division shall make a determination as to the individual’s continuing authorization to practice in New Jersey pursuant to this subsection; until such determination is made, the individual shall not be authorized to practice in New Jersey pursuant to this subsection.

pursuant to subparagraph (b) of this paragraph.

(cf: P.L.1999, c.85, s.6)

12. Section 14 of P.L.2003, c.280 (C.45:14-53) is amended to read as follows:

14. a. In order for a pharmacist currently licensed in another jurisdiction to obtain a license as a pharmacist by license transfer in this State, an applicant shall:

(1) Have submitted a written application in the form prescribed by the board;

(2) Have attained the age of 18 years;

(3) Have good moral character;

(4) Have engaged in the practice of pharmacy for a period of at least 1,000 hours within the last two years or have met, immediately prior to application, the internship requirements of this State within the one-year period immediately preceding the date of application;

(5) Have presented to the board proof of initial licensure by examination and proof that the license is in good standing;

(6) Have presented to the board proof that any other license granted to the applicant by any other state has not been suspended, revoked or otherwise restricted for any reason except nonrenewal or for the failure to obtain the required continuing education credits in any state where the applicant is currently licensed but not engaged in the practice of pharmacy;

(7) Have paid the fees specified by the board;

(8) Have graduated and received a professional degree from a college or school of pharmacy approved by the board; and

(9) Have met any other requirements as established by the board by regulation.

b. No applicant shall be eligible for license transfer unless the applicant holds a current valid license in a state that grants licensure transfer to pharmacists duly licensed by examination in this State.

c. In order for a pharmacist applicant with a pharmacy degree from a foreign country or a college of pharmacy not approved by the board to obtain a license as a pharmacist, that applicant shall meet those requirements as established by the board by regulation.

d. Notwithstanding any other provision of law to the contrary, any person who has graduated from an accredited pharmacy education training program may be issued a temporary license to practice as a pharmacist until such time as the person is issued a full pharmacist license or the person fails the pharmacist licensure examination or is otherwise denied licensure, provided that no more than six months have elapsed since the person’s date of graduation and the person:

(1) has initiated the application process for a pharmacist license, including submitting the applicable fee and, if the person is required to successfully complete a licensure examination as a condition of licensure, registering to take the next scheduled licensure examination if the person has not already successfully completed the licensure examination, which process may be initiated at any time after the person commences the final quarter or semester of the person’s training program, as applicable, or when authorized by the board, whichever is earlier;

(4) complies with all applicable scope of practice and supervision requirements.

(cf: P.L.2003, c.280, s.14)

13. Section 20 of P.L.1966, c.282 (C.45:14B-20) is amended to read as follows:

20. a. The board may issue a license by an examination of credentials to any applicant who presents evidence that he (a) is licensed or certified as a psychologist in another State with requirements for said license or certificate such that the board is of the opinion that said applicant is competent to engage in the practice of psychology in this State or (b) holds a diploma from a nationally recognized psychological board or agency.

b. (1) Notwithstanding any other provision of law to the contrary, an individual who is currently licensed or certified by a governmental agency located in another state as a psychologist who applies for licensure as a psychologist in New Jersey shall be authorized to practice as a psychologist in New Jersey pending a final determination on the individual’s application.

(2) (a) An individual practicing as a psychologist pending a final determination on the individual’s licensure application pursuant to paragraph (1) of this subsection shall immediately notify the Division of Consumer Affairs in the Department of Law and Public Safety if the individual’s authorization to practice in any other state is suspended, revoked, or subject to adverse disciplinary action. The division shall make a determination as to the individual’s continuing authorization to practice in New Jersey pursuant to this subsection; until such determination is made, the individual shall not be authorized to practice in New Jersey pursuant to this subsection.

(b) An individual who fails to provide notice to the division as required under this paragraph shall be liable to a civil penalty of $500 per day for each day the individual fails to provide the required notice, which civil penalty shall be collected by the division in summary proceedings before a court of competent jurisdiction pursuant to the provisions of the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

(cf: P.L.1966, c.282, s.20)

14. Section 10 of P.L.2000, c.57 (C.45:14BB-10) is amended to read as follows:

10. a. The director may waive the education, experience and examination requirements for State certification pursuant to this act and issue a State certification by endorsement to any applicant who holds a current license, registration or certificate to practice psychoanalysis issued by the agency of another state or country which, in the opinion of the director, has requirements for licensure, registration or certification equivalent to or higher than those required to be certified pursuant to this act.

b. (1) Notwithstanding any other provision of law to the contrary, an individual who is currently licensed or certified by a governmental agency located in another state as a psychoanalyst who applies for certification as a psychoanalyst in New Jersey shall be authorized to practice as a psychoanalyst in New Jersey pending a final determination on the individual’s application.

(2) (a) An individual practicing as a psychoanalyst pending a final determination on the individual’s application for certification² pursuant to paragraph (1) of this subsection shall immediately notify the Division of Consumer Affairs in the Department of Law and Public Safety if the individual’s authorization to practice in any other state is suspended, revoked, or subject to adverse disciplinary action. The division shall make a determination as to the individual’s continuing authorization to practice in New Jersey pursuant to this subsection; until such determination is made, the individual shall not be authorized to practice in New Jersey pursuant to this subsection.

(cf: P.L.2000, c.57, s.10)

15. Section 13 of P.L.1991, c.31 (C.45:14E-13) is amended to read as follows:

13. a. Upon payment to the board of a fee and the submission of a written application on forms provided by it, the board shall issue without examination a license to a respiratory care practitioner who holds a valid license issued by another state or possession of the United States or the District of Columbia which has education and experience requirements substantially equivalent to the requirements of this act; provided, that, the applicant has not previously failed the board exam referred to in section 15 of this act, in which case licensing shall be at the discretion of the board.

b. (1) Notwithstanding any other provision of law to the contrary, an individual who is currently licensed or certified by a governmental agency located in another state as a respiratory care practitioner who applies for licensure as a respiratory care practitioner in New Jersey shall be authorized to practice as a respiratory care practitioner in New Jersey pending a final determination on the individual’s application.

(2) (a) An individual practicing as a respiratory care practitioner pending a final determination on the individual’s licensure application pursuant to paragraph (1) of this subsection shall immediately notify the Division of Consumer Affairs in the Department of Law and Public Safety if the individual’s authorization to practice in any other state is suspended, revoked, or subject to adverse disciplinary action. The division shall make a determination as to the individual’s continuing authorization to practice in New Jersey pursuant to this subsection; until such determination is made, the individual shall not be authorized to practice in New Jersey pursuant to this subsection.

c. Notwithstanding any other provision of law to the contrary, any person who has graduated from an accredited respiratory care therapy training program may be issued a temporary license to practice as a respiratory care practitioner until such time as the person is issued a full respiratory care practitioner license or the person fails the respiratory care practitioner licensure examination or is otherwise denied licensure, provided that no more than six months have elapsed since the person’s date of graduation and the person:

(1) has initiated the application process for a respiratory care practitioner license, including submitting the applicable fee and, if the person is required to successfully complete a licensure examination as a condition of licensure, registering to take the next scheduled licensure examination if the person has not already successfully completed the licensure examination, which process may be initiated at any time after the person commences the final quarter or semester of the person’s training program, as applicable, or when authorized by the board, whichever is earlier;

(4) complies with all applicable scope of practice and supervision requirements.

(cf: P.L.1991, c.31, s.13)

16. Section 7 of P.L.1991, c.134 (C.45:15BB-7) is amended to read as follows:

7. a. An applicant may be exempted from the requirement of taking and passing any examination provided for in this act if the applicant satisfies the board that the applicant is licensed or registered under the laws of a state, territory or jurisdiction of the United States, which in the opinion of the board imposes substantially the same educational and experiential requirements as this act, and, pursuant to the laws of the state, territory, or jurisdiction, has taken and passed an examination similar to that from which exemption is sought.

b. (1) Notwithstanding any other provision of law to the contrary, an individual who is currently licensed or certified by a governmental agency located in another state as a clinical social worker who applies for licensure as a clinical social worker in New Jersey shall be authorized to practice as a clinical social worker in New Jersey pending a final determination on the individual’s application.

(2) (a) An individual practicing as a clinical social worker pending a final determination on the individual’s licensure application pursuant to paragraph (1) of this subsection shall immediately notify the Division of Consumer Affairs in the Department of Law and Public Safety if the individual’s authorization to practice in any other state is suspended, revoked, or subject to adverse disciplinary action. The division shall make a determination as to the individual’s continuing authorization to practice in New Jersey pursuant to this subsection; until such determination is made, the individual shall not be authorized to practice in New Jersey pursuant to this subsection.

c. Notwithstanding any other provision of law to the contrary, any person who has graduated from a master’s-level educational program accredited by the Council on Social Work Education may be issued a temporary license to practice as a licensed social worker until such time as the person is issued a full social worker license or the person fails the social worker licensure examination or is otherwise denied licensure, provided that no more than six months have elapsed since the person’s date of graduation and the person:

(1) has initiated the application process for a licensed social worker license, including submitting the applicable fee and, if the person is required to successfully complete a licensure examination as a condition of licensure, registering to take the next scheduled licensure examination if the person has not already successfully completed the licensure examination, which process may be initiated at any time after the person commences the final quarter or semester of the person’s educational program, as applicable, or when authorized by the board, whichever is earlier;

(2) is practicing under a plan of supervision approved by the Board of Social Work Examiners or has submitted a plan of supervision to the Board of Social Work Examiners that is pending approval;

(3) only practices under the supervision of a licensed clinical social worker;

(5) complies with all applicable scope of practice and supervision requirements.

(cf: P.L.1991, c.134, s.7)

17. (New section) The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as shall be necessary for the implementation of this act.

18. This act shall take effect immediately.

STATEMENT

This bill authorizes certain out-of-State health care professionals and recent graduates of health care training programs to practice in New Jersey pending a final determination on an application for licensure or certification to practice in New Jersey.

Specifically, the bill provides that alcohol and drug counselors, marriage and family therapists, professional counselors, physicians, homemaker-home health aides, certain nurses, psychologists, psychoanalysts, respiratory care practitioners, and social workers licensed or certified to practice in another state who apply for licensure or certification in New Jersey will be authorized to practice in New Jersey pending a final determination on the individual’s application.

If a professional practicing under a provisional authorization to practice has the professional’s authorization to practice in any other state suspended, revoked, or subject to adverse disciplinary action, the professional will be required to immediately notify the Division of Consumer Affairs in the Department of Law and Public Safety, which will make a determination as to the individual’s continuing authorization to practice under the provisional authorization. The individual will not be permitted to practice in New Jersey under the bill until the division makes its determination.

A professional who fails to provide notice of an adverse action in another state will be liable to a civil penalty of $500 per day for each day the notice is not provided. However, the individual will have the opportunity to demonstrate to the court that the individual did not know and had no reason to know of the adverse action, or that the adverse action was taken for a violation that was purely technical in nature or that was minor and did not adversely affect the health or safety of any individual. If the court finds the individual did not know of the adverse action or that the adverse action was minor or technical in nature, the court will have the authority to reduce or eliminate a civil penalty assessed under the bill.

With regard to recent graduates, the bill provides that certain recent graduates will be authorized to practice under a temporary license until the person achieves full licensure or fails the licensure examination.