§1 –

C.26:2H-12.108

§2 - C.45:9-7.9

§3 –

C.45:9-27.25c

§4 - C.45:9-1a

§5 - C.45:11-26.4

§6 - C.45:11-24b

§7 - C.45:10-23

§§8,9 - Notes

 


P.L. 2021, CHAPTER 79, approved May 11, 2021

Senate, No. 703 (Third Reprint)

 

 


An Act concerning 3[implicit]3 bias training and supplementing Title 26 3and Title 453 of the Revised Statutes.

 

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

 

     1.  a.  Every hospital that provides inpatient maternity services and every birthing center licensed in the State pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall implement an evidence-based 3explicit and3 implicit bias training program for 1:

     (1)1    all health professionals who provide perinatal treatment and care to pregnant 2[women] persons2 at the hospital or birthing center 2regardless of the compensation agreement, contractual status, or privilege status that may exist between the health professional and the hospital or birthing center2 1; and

     (2)   all 3[administrative and clerical] supportive services3 staff members 2, as defined by the Department of Health,2 who interact with pregnant 2[women] persons2 at the hospital or birthing center

      A hospital or birthing center that implements an3explicit and3 implicit bias training program pursuant to this section shall ensure that the program is structured in a manner that permits health care professionals to be eligible to receive continuing education credits for participation in the program1 .

     b.    The training program shall include, but not be limited to:

     (1)   identifying previous and current unconscious biases and misinformation when providing perinatal treatment and care to 1, or interacting with,1 pregnant 2[women] persons2;

     (2)   identifying 3environmental,3 personal, interpersonal, institutional, and cultural barriers to inclusion;

     (3)   information on the effects of historical and contemporary exclusion and oppression of minority communities;

     (4)   information about cultural identity across racial 3[and],3 ethnic3, and other marginalized3 groups;

     (5)   information about communicating more effectively across racial, ethnic, religious, and gender identities;

     (6)   information about reproductive justice;

     (7)   a discussion on power dynamics and organizational decision-making and their effects on 3explicit and3 implicit bias;

     (8)   a discussion on 3[health]3 inequities and racial 3[and],3 ethnic 3and other3 disparities within the field of perinatal care, and how 3explicit and3 implicit bias may contribute to pregnancy-related deaths and maternal and infant health outcomes; 2[and]2

     (9)   corrective measures to decrease 3explicit and3 implicit bias at the interpersonal and institutional levels2; and

     (10)    review of the annual report of the New Jersey Maternal Mortality Review Committee.2

     2The Department of Health shall identify an 3explicit and3 implicit bias training tool to be utilized by the 3explicit and3 implicit bias training program implemented by a hospital or birthing center pursuant to this section.  The use of the department’s training tool by a hospital or birthing center shall not preclude the hospital or birthing center from utilizing additional or customized training tools in addition to the department’s training tool2.

     c.     A health care professional who provides perinatal treatment and care to pregnant 2[women] persons2 at a hospital that provides inpatient maternity services or a birthing center licensed in the State pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) 1and all 3[administrative and clerical] supportive3 staff members who interact with pregnant 2[women] persons2 at the hospital or birthing center1 shall:

     (1)   complete the training program on 3explicit and3 implicit bias at such times and intervals as the hospital or birthing center shall require;

     (2)   complete a refresher course under the training program, designed to provide the health care professional 1or 3[administrative or clerical] supportive3 staff member1 with updated information about racial, ethnic, and cultural identity, and best practices in decreasing interpersonal and institutional implicit bias, every two years or on a more frequent basis, if deemed necessary by the hospital or birthing center ; and

     (3)   receive a certification 2of completion2 from the hospital or birthing center upon successful completion of the training program.

     d.    1A health care professional who completes a continuing education course on 3explicit and3 implicit bias pursuant to section 2, 3, 2[or]2 4 3[2, or 52] , 5, or 73 of P.L.    , c.    (C.        , C.        , or C.        ) (pending before the Legislature as this bill) shall be deemed to have satisfied the 3explicit and3 implicit bias training requirement set forth in subsection c. of this section for the licensure or certification period in which the continuing education course was completed.

     e.1   2In the event that a hospital or birthing center fails to implement an 3explicit and3 implicit bias training program pursuant to this section, the Department of Health shall invoke penalties or take administrative action against the hospital or birthing center.  Any penalties imposed or administrative actions taken by the department pursuant to this subsection may be imposed in a summary proceeding.

     f.2   As used in this section:

     3“Explicit bias” means attitudes and beliefs about a person or group on a conscious level.3

     2“Health care professional” means a person licensed or certified to practice a health care profession pursuant to Title 45 of the Revised Statutes.2

     “Implicit bias” means a bias in judgment or behavior that results from subtle cognitive processes, including implicit prejudice and implicit stereotypes, that often operate at a level below conscious awareness and without intentional control.

     “Implicit stereotypes” means the unconscious attributions of particular qualities to a member of a certain social group, influenced by experience, and based on learned associations between various qualities and social categories, including race and gender.

     2“Perinatal care” means the provision of care during pregnancy, labor, delivery, postpartum and neonatal periods.2

 

      12.   The State Board of Medical Examiners shall require that the number of credits of continuing medical education required of each person licensed as a physician who provides 2[prenatal or]2 perinatal treatment and care to pregnant 2[women] persons2, as a condition of biennial registration pursuant to section 1 of P.L.1971, c.236 (C.45:9-6.1), include one credit of educational programs or topics concerning 3explicit and3 implicit bias, which educational programs and topics shall meet the requirements for a training program set forth in subsection b. of section 1 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).  The continuing medical education requirement in this subsection shall be subject to the provisions of section 10 of P.L.2001, c.307 (C.45:9-7.1) 2[, including, but not limited to, the authority of the board to waive the provisions of this section for a specific individual if the board deems it is appropriate to do so]2.1

     13.   The State Board of Medical Examiners shall require that the number of credits of continuing medical education required of each person licensed as a physician assistant who provides 2[prenatal or ]2 perinatal treatment and care to pregnant 2[women] persons2, as a condition of biennial renewal pursuant to section 4 of P.L.1991, c.378 (C.45:9-27.13), include one credit of educational programs or topics concerning 3explicit and3 implicit bias, which educational programs and topics shall meet the requirements for a training program set forth in subsection b. of section 1 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).  The continuing medical education requirement in this subsection shall be subject to the provisions of section 16 of P.L.1991, c.378 (C.45:9-27.25) 2[, including, but not limited to, the authority of the board to waive the provisions of this section for a specific individual if the board deems it is appropriate to do so]2.1

 

      24.   As a condition of being appointed as a member of the State Board of Medical Examiners, or the member’s continued appointment to the board, a board member shall complete an evidence-based 3explicit and3 implicit bias training program approved by the Division of Consumer Affairs in the Department of Law and Public Safety 3that is equivalent to the training program provided for in subsection b. of section 1 of P.L.    , c.   (C.         ) (pending before the Legislature as this bill)3.  The board member shall complete, and acknowledge the completion of, the training program at a frequency determined by the division.2

 

      2[14.] 5.2  The New Jersey Board of Nursing shall require that the number of credits of continuing education required of each person licensed as a professional nurse or a practical nurse who provides 2[prenatal or]2 perinatal treatment and care to pregnant 2[women] persons2, as a condition of biennial license renewal, include one credit of educational programs or topics concerning 3explicit and3 implicit bias, which educational programs and topics shall meet the requirements for a training program set forth in subsection b. of section 1 of P.L.    , c.        (C.     ) (pending before the Legislature as this bill).  2[The board may, in its discretion, waive the continuing education requirement set forth in this section on an individual basis for reasons of hardship, such as illness or disability, retirement of the license, or other good cause.  A waiver shall apply only to the current biennial renewal period at the time of board issuance.1]2

 

     26.  As a condition of being appointed as a member of the New Jersey Board of Nursing, or the member’s continued appointment to the board, a board member shall complete an evidence-based 3explicit and3 implicit bias training program approved by the Division of Consumer Affairs in the Department of Law and Public Safety 3that is equivalent to the training program provided for in subsection b. of section 1 of P.L.    , c.   (C.         ) (pending before the Legislature as this bill)3.  The board member shall complete, and acknowledge the completion of, the training program at a frequency determined by the division.2

 

     27.   A certified nurse midwife, certified professional midwife, or certified midwife who was licensed prior to the effective date of this act shall, as a condition of license renewal, complete at least one credit of educational programs or topics concerning 3explicit and3 implicit bias, which educational programs and topics shall meet the requirements for a training program set forth in subsection b. of section 1 of P.L.    , c.   (C.) (pending before the Legislature as this bill).2

 

     1[2.] 2[5.1] 8.2     The Department of Health 1and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety1 shall adopt rules and regulations, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

 

     1[3.] 2[6.1] 9.2     This act shall take effect on the first day of the sixth month next following the date of enactment.

 

 

                                

 

     Requires certain health care professionals to undergo explicit and implicit bias training.