ASSEMBLY, No. 5516

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED MARCH 17, 2021

 


 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblyman  THOMAS P. GIBLIN

District 34 (Essex and Passaic)

 

 

 

 

SYNOPSIS

     Requires appointment of new State Board of Chiropractic Examiners, adds two public members to board membership, and prohibits licensure for individuals convicted of certain offenses.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the State Board of Chiropractic Examiners and criminal record of applicants to the board, and amending and supplementing Title 45 of the Revised Statutes.

 

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

 

     1.    Section 4 of P.L.1989, c.153 (C.45:9-41.20) is amended to read as follows:

     4.    There is created within the Division of Consumer Affairs in the Department of Law and Public Safety the State Board of Chiropractic Examiners. The board shall consist of [11] 13 members who are residents of the State, [two] four of whom shall be public members and one of whom shall be a State executive department member appointed pursuant to the provisions of P.L.1971, c.60 (C.45:1-2.1 et seq.).  The remaining eight members shall be licensed chiropractors who have been actively engaged in the practice of chiropractic in this State for at least five years immediately preceding their appointments.

     The Governor shall appoint each member, other than the State executive department member, with the advice and consent of the Senate, for a term of three years[, except that three of the initial chiropractic members of the board shall consist of the incumbent chiropractic member of the State Board of Medical Examiners, who shall serve until the expiration of his current term as a chiropractic member, and the two incumbent chiropractic assistants of the State Board of Medical Examiners, each of whom shall serve until the expiration of his current term as a chiropractic assistant, and except that of the remaining five chiropractic members first appointed, two shall serve for terms of three years, two shall serve for terms of two years and one shall serve for a term of one year].  Each member shall hold office until his successor has been qualified.  Any vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for the original appointment. No member of the board may serve more than two successive terms in addition to any unexpired term to which he has been appointed.

(cf: P.L.1989, c.153, s.4)

 

     2.    Section 7 of P.L.1989, c.153 (C.45:9-41.23) is amended to read as follows:

     7.    The board shall:

     a.     Appoint and prescribe the duties of an executive secretary.  The executive secretary shall serve at its pleasure;

     b.    Review the qualifications of applicants for initial licensure, or licensure renewal, reactivation or reinstatement. The review of qualifications shall include a review of each applicant in the National Practitioner Data Bank to ensure no information exists on file in the data bank demonstrating an applicant has been convicted of sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14-2 through 2C:14-4 that is of the first, second, third or fourth degree, endangering the welfare of a child pursuant to paragraph (1) of subsection a. of N.J.S.2C:24-4, or an equivalent offense in another jurisdiction;

     c.     Insure the proper conduct and standards of examinations;

     d.    Issue [and], renew, reactivate or reinstate licenses for chiropractors pursuant to this act, R.S.45:9-14.5, R.S.45:9-14.6 and R.S.45:9-14.10, P.L.1953, c.233 (C.45:9-41.5 et al.), and chiropractic assistants pursuant to sections 5 through 8 of P.L.2015, c.283 (C.45:9-41.33 et seq.);

     e.     Refuse to admit a person to an examination, or refuse to issue a license, or suspend, revoke or fail to renew, reactivate or reinstate the license of a chiropractor or chiropractic assistant pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.) or if an applicant, chiropractor, or chiropractic assistant is found to have been convicted of sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14-2 through 2C:14-4 that is of the first, second, third or fourth degree, endangering the welfare of a child pursuant to paragraph (1) of subsection a. N.J.S.2C:24-4, or an equivalent offense in another jurisdiction through utilization of the continuous query function in the National Practitioner Data Bank or any other means;

     f.     Maintain a record of chiropractors and chiropractic assistants licensed in this State, their places of business, places of residence and the date and number of their licenses;

     g.    Prescribe or change the charges for examinations, licensures, renewals and other services it performs pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.) and sections 5 through 8 of P.L.2015, c.283 (C.45:9-41.33 et seq.);

     h.    Establish standards pursuant to which a chiropractor shall maintain medical malpractice liability insurance coverage, at appropriate amounts, as set forth in regulations; and

     i.     Adopt and promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act, R.S.45:9-14.5, R.S.45:9-14.6 and R.S.45:9-14.10, and sections 5 through 8 of P.L.2015, c.283 (C.45:9-41.33 et seq.), and P.L.1953, c.233 (C.45:9-41.5 et al.).

(cf: P.L.2015, c.283, s.2)

 

     3.    (New section)    Notwithstanding the provisions of any law, rule, or regulation to the contrary, the term of each current board member shall expire on the effective date of this act, and the Governor shall appoint, with the advice and consent of the Senate, new members to serve on the board pursuant to P.L.1989, c.153 (C.45:9-41.20 et seq.). The members appointed by the Governor pursuant to this section shall serve for a term of three years except that, of the first members appointed, four members shall serve for terms of three years, four shall serve for terms of two years and four shall serve for a term of one year.

 

     4.    This act shall take effect immediately, and section 3 shall expire upon appointment of new members to the board by the Governor.

 

 

STATEMENT

 

     This bill requires the appointment of a new State Board of Chiropractic Examiners, adds two public members to board membership, and prohibits licensure for individuals convicted of felony sexual offense.

     The bill adds two public members to the State Board of Chiropractic Examiners, for a total of 13 members. Additionally, the bill requires that the board use the National Practitioner Data Bank to determine if an applicant for initial licensure or licensure renewal, reactivation or reinstatement has been convicted of sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14-2 through 2C:14-4 that is of the first, second, third or fourth degree, endangering the welfare of a child pursuant to paragraph (1) of subsection a. to N.J.S.2C:24-4, or an equivalent offense in another jurisdiction. The board also reserves the right, under the bill, to not renew or to revoke or suspend the license of a chiropractor or chiropractic assistant if information is discovered, through the continuous use query function in the National Practitioner Data Bank or by other means, that shows a chiropractor or chiropractic assistant has been convicted of sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14-2 through 2C:14-4 that is of the first, second, third or fourth degree, endangering the welfare of a child pursuant to paragraph (1) of subsection a. of N.J.S.2C:24-4, or an equivalent offense in another jurisdiction.

     Lastly, under the bill, the terms of the current membership of the board are to expire upon the enactment of the bill. The Governor, with the advice and consent of the Senate, is required to appoint new members.