A4156

An Act concerning protections for health care professionals from retaliatory action by employers during ongoing coronavirus disease 2019 pandemic and supplementing P.L.1986, c.105 (C.34:19-1 et seq.) and Title 45 of the Revised Statutes.

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

1. a. In addition to any other rights provided to employees by P.L.1986, c.105 (C.34:19-1 et seq.), during the pendency of Executive Order 103 of 2020, or any subsequent executive order, issued in response to the coronavirus disease 2019 pandemic, an employer shall not take any retaliatory action against a health care professional because the health care professional does any of the following:

(1) Discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer, or another employer, with whom there is a business relationship, that the health care professional reasonably believes is in violation of a law, or a rule or regulation promulgated pursuant to law, or Executive Order, including conditions that violate health and safety standards, insufficient measures to alleviate exposures to communicable disease or other health or safety hazards, or improper quality of patient care;

(2) Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law, or Executive Order, by the employer, or another employer, with whom there is a business relationship, including conditions that violate health and safety standards, insufficient measures to alleviate exposures to communicable disease or other health or safety hazards, or improper quality of patient care; or

(3) Objects to, or refuses to participate in any activity, policy or practice which the health care professional reasonably believes:

(a) is in violation of a law, or a rule or regulation promulgated pursuant to law, or Executive Order, including conditions that violate health and safety standards, insufficient measures to alleviate exposures to communicable disease or other health or safety hazards, or improper quality of patient care; or

(b) is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment.

b. As used in this section, "health care professional" means an individual who, acting within the scope of the individual's licensure or certification, provides health care services, and includes, but is not limited to, a physician, dentist, nurse, pharmacist, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes.

2. a. During the pendency of Executive Order 103 of 2020, or any subsequent executive order, or any subsequent executive order, issued in response to the coronavirus disease 2019 pandemic, it shall not be deemed unlawful or contrary to the statute or regulations of the Division of Consumer Affairs, or by any principal department of the Executive Branch of the State or any entity within any department or any other entity hereinafter created to license or otherwise regulate a health care profession, for a health care professional who performs functions which involve physical proximity to members of the public and are essential to the public's health, safety, and welfare to refuse to work onsite under conditions that violate health and safety standards or otherwise jeopardize the health of members of the public, or of the health care professional or members of the health care professional’s family, because the employer has not taken sufficient measures to alleviate exposures to communicable disease or other health or safety hazards, including but not limited to, the unavailability of personal protection equipment, or requests for the health care professional to provide a service for which the health care professional has no training or experience in performing.

3. This act shall take effect immediately, and shall be retroactive to March 9, 2020.

STATEMENT

This bill provides whistleblower protections to health care professionals during the pendency of Executive Order 103 of 2020, or any subsequent executive order, issued in response to the coronavirus disease 2019 pandemic.

Specifically, the bill provides that, during the pendency of Executive Order 103 of 2020, or any subsequent executive order, issued in response to the coronavirus disease 2019 pandemic, an employer is prohibited from taking any retaliatory action against a health care professional who speaks out against an employer’s business practice that the health care professional reasonably believes is in violation of a law, or a rule or regulation promulgated pursuant to law, or Executive Order, including conditions that violate health and safety standards, insufficient measures to alleviate exposures to communicable disease or other health or safety hazards, or improper quality of patient care.

Additionally, the bill provides that, during the pendency of Executive Order 103 of 2020, or any subsequent executive order, issued in response to the coronavirus disease 2019 pandemic, an employer is prohibited from taking any retaliatory action against a health care professional who objects to, or refuses to participate in any activity, policy or practice which the health care professional reasonably believes:

(1) is in violation of a law, or a rule or regulation promulgated pursuant to law, or Executive Order, including conditions that violate health and safety standards, insufficient measures to alleviate exposures to communicable disease or other health or safety hazards, or improper quality of patient care; or

(2) is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment.

Additionally, the bill provides that during the pendency of Executive Order 103 of 2020, or any subsequent executive order, issued in response to the coronavirus disease 2019 pandemic, it will not be deemed unlawful or contrary to law or regulations for a health care professional who performs functions which involve physical proximity to members of the public and are essential to the public's health, safety, and welfare to refuse to work onsite under conditions that violate health and safety standards or otherwise jeopardize the health of the health care professional or members of the health care professional’s family, because the employer has not taken sufficient measures to alleviate exposures to communicable disease or other health or safety hazards, including but not limited to, if personal protection equipment is unavailable, or the health care professional is requested to provide a service for which the health care professional has no training or experience in performing.

Under the bill, “health care professional” means an individual who, acting within the scope of the individual's licensure or certification, provides health care services, and includes, but is not limited to, a physician, dentist, nurse, pharmacist, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes.