SENATE, No. 2334

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED APRIL 9, 2020

 


 

Sponsored by:

Senator  NELLIE POU

District 35 (Bergen and Passaic)

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Senator  CHRIS A. BROWN

District 2 (Atlantic)

 

Co-Sponsored by:

Senator Addiego

 

 

 

 

SYNOPSIS

     Permits professional and occupational licensing boards to reactivate licensure of certain individuals during state of emergency or public health emergency.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning professional and occupational licenses, and supplementing P.L.1999, c.403 (C.45:1-7.1 et seq.).

 

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

 

     1.    Notwithstanding the provisions of any other law, during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020, and with the approval of the Attorney General, the Director of the Division of Consumer Affairs, with respect to any or all professional or occupational licensing boards within the Division of Consumer Affairs in the Department of Law and Public Safety or any industry regulated by the division, or any professional or occupational licensing boards within the division may temporarily reactivate a license, certificate of registration or certification on an expedited basis, for such period as deemed necessary by the director, to any individual who held a corresponding license, certificate of registration or certification, in good standing at the time that the individual retired from active practice or was placed on the inactive status, or who while otherwise in good standing allowed their license to lapse and was suspended for that reason, within the last five years, or such other timeframe as the director may specify.  Notwithstanding the provisions of any other law to the contrary, and to effectuate the purposes of this act, the board or director, as applicable, may take additional action necessary to protect the public health, safety and welfare, including but not limited to:

     a.     Temporarily waive any requirements contained in section 2 of P.L.2013, c.182 (C.45:1-7.4), relating to the renewal, reinstatement or reactivation of a license, certification or registration, including fees, job listings or continuing education requirements;

     b.    Prescribe the duration and terms of any license, certificate of registration or certification granted pursuant to this section;

     c.     Require, in consultation with the Commissioner of Health or such other State department or agency as may be appropriate, any individual granted a license, certificate of registration or certification pursuant to this section to practice the profession or occupation in this State, as deemed necessary to protect the public health, safety and welfare; or

     d.    Waive compliance by any individual granted a license, certificate of registration or certification pursuant to this section with liability insurance required by statute or regulation, for acts or omissions undertaken in the course of providing health care services in support of the State’s response to the declared emergency.

 

     2.    This act shall take effect immediately and be retroactive to April 1, 2020.

STATEMENT

 

     This bill allows the director of the Division of Consumer Affairs in the Department of Law and Public Safety, with the approval of the Attorney General, to temporarily reactivate a license, registration or certification on an expedited basis during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020.  The bill provides that the director may temporarily reactivate a license, certificate of registration or certification on an expedited basis to any individual who held a corresponding license, certificate of registration or certification, in good standing at the time that the individual retired from active practice or was placed on the inactive status, or who while otherwise in good standing allowed their license to lapse and was suspended for that reason, within the last five years, or such other timeframe as the director may specify. 

     The bill gives the director and applicable boards the ability to waive certain requirements normally required in the licensure process, to prescribe the duration and terms of any license, certificate of registration or certification granted pursuant to the bill, and to require, in consultation with the Commissioner of Health or such other State department or agency as may be appropriate, any individual granted a license, certificate of registration or certification to practice the profession or occupation in this State, as deemed necessary to protect the public health, safety and welfare.

     The bill also waives compliance by any individual granted a license, certificate of registration, or certification pursuant to this section with liability insurance required by statute or regulation, for acts or omissions undertaken in the course of providing health care services in support of the State’s response to the declared emergency