ASSEMBLY, No. 782
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblywoman FARRAGHER
An Act to suspend, upon conviction for a drug offense, a professional, occupational or business license, certificate, registration, or permit held by the offender, amending chapter 1 of Title 45 of the Revised Statutes and chapter 168A of Title 2A of the New Jersey Statutes, and supplementing chapter 35 of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. If a person is convicted of a crime under the Comprehensive Drug Reform Act of 1987, P.L.1987, c.106 (C. 2C:35-1 et seq.), the court shall suspend any valid license, certificate, registration, or permit which is held by that person. This mandatory suspension shall include all licenses, certificates, registration and permits which have been issued directly to, or in the name of that person, as a private individual and which are required by State law, or regulations promulgated thereto, to be obtained for the purpose of enabling a person to practice a profession, engage in an occupation, or own or operate a commercial enterprise. The suspension shall be in addition to any other disposition the court is authorized by statute to make for a conviction and shall be imposed notwithstanding the provisions of any other statute concerning the issuance, revocation, or suspension of that particular license, certificate, registration, or permit to the contrary.
The suspension shall be for a period of two years and shall commence on the date sentence is imposed.
A person convicted of a crime under P.L.1987, c.106 (C.2C:35-1 et seq.) shall be ineligible to apply for or to receive a license, certificate, registration, or permit to enable that person to practice a profession, engage in an occupation, or own or operate a commercial enterprise for two years from the date of conviction.
b. Upon the imposition of a suspension, the court shall notify the convicted person orally and in writing of the suspension and of that person's ineligibility to apply for and receive a license, certificate, registration, or permit required by statute or by regulation promulgated thereto.
c. In addition, the court shall immediately notify in writing the department, board, agency, or commission which issued the license, certificate, registration, or permit of the suspension. The notice shall indicate, in addition to any information necessary to identify the person convicted, the first and last date of the suspension period, the identification number, if any and if known, of the license, certificate, registration, or permit and the offense for which the person was convicted.
d. Notwithstanding any other statute or regulation concerning the suspension or revocation of licenses, certificates, registrations, or permits, a department, board, agency or commission which receives such a notice from a court shall promptly accept and note the suspension in its records and take whatever action it ordinarily takes to give public notice when a license, certificate, registration, or permit is suspended or revoked.
2. Section 2 of P.L.1968, c.282 (C.2A:168A-1) is amended to read as follows:
2. The Legislature finds and declares that it is in the public interest to assist the rehabilitation of convicted offenders by removing impediments and restrictions upon their ability to obtain employment or to participate in vocational or educational rehabilitation programs based solely upon the existence of a criminal record.
Therefore, the Legislature finds and declares that notwithstanding the contrary provisions of any law or rule or regulation issued pursuant to law, a person shall not be disqualified or discriminated against by any licensing authority because of any conviction for a crime, unless N.J.S.2C:51-2 is applicable or unless the conviction relates adversely to the occupation, trade, vocation, profession or business for which the license or certificate is sought, or unless the conviction is for a crime under the Comprehensive Drug Reform Act of 1987, P.L.1987, c.106 (C.2C:35-1 et seq.).
(cf: P.L.1981, c.487, s.3)
3. Section 2 of P.L.1968, c.282 (C.2A:168A-2) is amended to read as follows:
2. (a) Notwithstanding the contrary provisions of any law or rule or regulation issued pursuant to law, no State, county or municipal department, board, officer or agency, hereinafter referred to as "licensing authority" authorized to pass upon the qualifications of any applicant for a license or certificate of authority or qualification to engage in the practice of a profession or business or for admission to an examination to qualify for such a license or certificate may disqualify or discriminate against an applicant for a license or certificate or an application for admission to a qualifying examination on the grounds that the applicant has been convicted of a crime, or adjudged a disorderly person, except that a licensing authority (1) shall disqualify an applicant if required by subsection b. of this section, or (2) may disqualify or discriminate against an applicant for a license or certificate if N.J.S.2C:51-2 is applicable or if a conviction for a crime relates adversely to the occupation, trade, vocation, profession or business for which the license or certificate is sought. In determining that a conviction for a crime relates adversely to the occupation, trade, vocation, profession or business, the licensing authority shall explain in writing how the following factors, or any other factors, relate to the license or certificate sought:
a. The nature and duties of the occupation, trade, vocation, profession or business, a license or certificate for which the person is applying;
b. Nature and seriousness of the crime;
c. Circumstances under which the crime occurred;
d. Date of the crime;
e. Age of the person when the crime was committed;
f. Whether the crime was an isolated or repeated incident;
g. Social conditions which may have contributed to the crime;
h. Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have or have had the applicant under their supervision.
(b) A licensing authority shall disqualify any applicant for a license or certificate of authority or qualification to engage in the practice of a profession or business or for admission to a qualifying examination for such a license or certificate if the license, certificate, or qualification is required by State law, or regulations promulgated thereto, and the applicant has within two years prior to the date of the application been convicted of a crime under the Comprehensive Drug Reform Act of 1986, P.L.1987, c.106 (C.2C:35-1 et seq.)
(cf: P.L.1981, c.487, s.4)
4. Section 1 of P.L.1975, c.382 (C.45:1-13) is amended to read as follows:
1. It shall be a valid ground for the refusal to grant, revocation or suspension of a license to practice a health care profession, subject to regulation in this State, including the practice of pharmacy, or for the refusal to admit to an examination a candidate for licensure, that the licensee has prescribed or dispensed a controlled dangerous substance or substances, as defined by the "New Jersey Controlled Dangerous Substances Act", (P.L.1970, c.226) (C.24:21-1 et seq.), in an indiscriminate manner, or not in good faith, or without good cause, or where the licensee reasonably knows or should have known that the substance or substances prescribed are to be used for unauthorized or illicit consumption or distribution or that a substance or substances previously prescribed or dispensed were used by the patient for unauthorized or illicit consumption or distribution. It shall be a valid ground for the revocation or suspension of a license to practice a health care profession, which is regulated by State law or regulations promulgated thereto, including the practice of pharmacy, if the licensee has been convicted of a crime under the Comprehensive Drug Reform Act of 1987, P.L.1987, c.106 (C.2C:35-1 et seq.) and the license has been suspended pursuant to section 1 of P.L....., c.... (C...........) (now pending before the Legislature as this bill). It shall also be a valid ground for the refusal to grant a license to practice a health care profession, which is regulated by State law or regulations promulgated thereto, including the practice of pharmacy, or to refuse to admit to an examination a candidate for licensure if that candidate has been convicted of a crime under the Comprehensive Drug Reform Act of 1987, P.L.1987, c.106 (C.2C:35-1 et seq.) within two years prior to the granting of the license or admission to the examination.
(cf. P.L.1975, c.382, s.1)
5. Section 8 of P.L.1973, c.78 (C.45:1-21) is amended to read as follows:
8. A board may refuse to admit a person to an examination or may refuse to issue or may suspend or revoke any certificate, registration or license issued by the board upon proof that the applicant or holder of such certificate, registration or license
a. Has obtained a certificate, registration, license or authorization to sit for an examination, as the case may be, through fraud, deception, or misrepresentation;
b. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;
c. Has engaged in gross negligence, gross malpractice or gross incompetence;
d. Has engaged in repeated acts of negligence, malpractice or incompetence;
e. Has engaged in professional or occupational misconduct as may be determined by the board;
f. Has been convicted of any crime involving moral turpitude or any crime relating adversely to the activity regulated by the board. For the purpose of this subsection a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction;
g. Has had his authority to engage in the activity regulated by the board revoked or suspended by any other state, agency or authority for reasons consistent with this section;
h. Has violated or failed to comply with the provisions of any act or regulation administered by the board;
i. Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the public's health, safety and welfare.
A board shall refuse to admit a person to an examination or shall refuse to issue any certificate, registration or license upon proof that the applicant was convicted of a crime under the Comprehensive Drug Reform Act of 1987, P.L.1987, c.106 (C.2C:35-1 et seq.) within two years prior to an application. A board shall suspend or revoke any certificate, registration, or license upon proof that the holder has been convicted of a crime under the Comprehensive Drug Reform Act of 1987, P.L.1987, c.106 (C.2C:35-1 et seq.).
(cf: P.L.1978, c.73, s.8)
6. This act shall take effect immediately.
STATEMENT
This bill requires a court to suspend the professional, occupational, or business license, certificate, registration, or permit of a person convicted of a crime under the Comprehensive Drug Reform Act of 1987, P.L.1987, c.106 (C.2C:35-1 et seq.). This suspension applies only to licenses, certificates, registrations, or permits issued pursuant to statute or regulations promulgated thereto and which were issued directly to or in the name of the convicted person. The suspension will be for a period of two years and will commence on the date sentence is imposed. The person will be ineligible for any other license, certificate, registration, or permit required by statute for a profession, occupation or business during the period of suspension.
A court is required to immediately notify in writing the department, board, agency, or commission which issued the license, certificate, registration, or permit and that issuing authority must accept the suspension and note it in its records.
The bill also amends various sections of chapter 1 of Title 45 of the Revised Statutes and of the Rehabilitated Convicted Offender Act, P.L.1968, c.282 (C.2A:168A-1 et seq.) so that these sections of law make reference to and acknowledge the suspension of professional and occupational licenses required in section 1 of this bill .
The prevalence and growth of criminal activity involving the unlawful manufacture, distribution, and sale of controlled dangerous substances is unprecedented in our history; it is the single most important health and law enforcement problem facing the citizens of this State and our response must be aggressive and comprehensive. In order to deter such activity, a potential drug offender must know that punishment for this unlawful conduct will be swift and severe, and will significantly affect his life and livelihood. Therefore, the sponsor believes that, when a person is convicted of a drug offense, any license, certificate, registration, or permit issued to that person by the State for the purpose of enabling him to engage in a profession or occupation, or to own or operate a business, should be suspended for two years. The potential loss of a livelihood for a temporary period will have a significant deterrent effect on a person who contemplates the commission of a drug offense.
In addition, it is incompatible with the health, safety and welfare of society for the State to permit a person who is convicted of criminal drug activity to continue to engage, after the conviction, in a profession or occupation, or to own or operate a business, with a license, certificate, registration, or permit which is required by State law.
Suspends professional, occupational or business license, certificate, registration or permit upon conviction for a drug offense.