ASSEMBLY, No. 4649

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED SEPTEMBER 14, 2020

 


 

Sponsored by:

Assemblywoman  YVONNE LOPEZ

District 19 (Middlesex)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

 

Co-Sponsored by:

Assemblyman Stanley

 

 

 

 

SYNOPSIS

     Requires health care professional licensing boards to utilize National Practitioner Data Bank.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning health care professionals and the National Practitioner Data Bank and supplementing P.L.2002, c.104 (C.45:1-28 et seq.).

 

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

 

     1.    a.  A professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety that regulates the practice of a health care professional shall:

     (1)   not issue an initial license or other authorization to practice a health care profession that is regulated by that board to any applicant therefor unless the board first determines that no information exists on file in the National Practitioner Data Bank which may disqualify the applicant from being licensed or otherwise authorized to practice as a health care professional; and

     (2)   utilize the continuous query function of the National Practitioner Data Bank for each person issued a license or authorization to practice as a health care professional. 

     b.    A board shall not issue or renew or, if renewed, shall revoke or suspend a license or other authorization to practice a health care profession that is regulated by that board of any applicant therefor or person issued a license or authorization to practice a health care profession if, consistent with section 8 of P.L.1978, c.73 (C.45:1-21), the board determines there is cause to refuse to issue or suspend or revoke any license or authorization of a health care professional as the result of information obtained through use of the National Practitioner Data Bank consistent with the provisions of this act.

     c.     As used in this section, “National Practitioner Data Bank” means the database established pursuant to 45 C.F.R. s.60.1, and maintained by the United States Department of Health and Human Services.

 

     2.    This act shall take effect on the 90th day next following enactment.

 

 

STATEMENT

 

     This bill requires health care professional licensing boards to utilize the National Practitioner Data Bank.

     The National Practitioner Data Bank is a web-based repository of reports containing information on medical malpractice payments and certain adverse actions related to health care professionals.  The data bank is maintained by the United States Department of Health and Human Services to prevent health care professionals from moving from state to state without discovery of prior bad acts.

     The bill requires professional and occupational licensing boards within the Division of Consumer Affairs in the Department of Law and Public Safety that regulate the practice of a health care professional to:

     (1)   not issue an initial license or other authorization to practice a health care profession to any applicant unless the board first determines that no information exists on file in the National Practitioner Data Bank which may disqualify the applicant; and

     (2)   utilize the continuous query function of the National Practitioner Data Bank for each person issued a license or authorization to practice a health care profession.

     The bill provides that boards may not issue or renew or, if renewed, must revoke or suspend a license or other authorization to practice a health care profession that is regulated by that board if the board determines through use of the National Practitioner Data Bank that there is cause to refuse to issue or suspend or revoke any license or authorization of a health care professional.