ASSEMBLY, No. 2425

STATE OF NEW JERSEY

INTRODUCED OCTOBER 21, 1996

By Assemblyman BUCCO and Assemblywoman MURPHY

An Act concerning employees of State psychiatric hospitals and supplementing Title 30 of the Revised Statutes.

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

    1. For the purposes of this act:

    "Clinical treatment staff" means a physician, psychiatrist, psychologist, physical therapist or social worker licensed pursuant to Title 45 of the Revised Statutes, an occupational, recreation, art or music therapist or a substance abuse counselor.

    "Immediate family member" includes the staff member's spouse and children, the staff member's siblings and parents, the staff member's spouse's siblings and parents and the spouses of the staff member's children.

     "Nursing direct care staff" means a Human Services Assistant, Human Services Technician, or a nurse licensed pursuant to Title 45 of the Revised Statutes.

    2. A clinical treatment staff or nursing direct care staff member of a State psychiatric hospital listed in R.S.30:1-7 shall not have direct supervisory responsibilities over any immediate family member.

    3. A clinical treatment staff or nursing direct care staff member of a State psychiatric hospital listed in R.S.30:1-7 shall promptly notify the chief executive officer of the hospital if the staff member also is employed outside of the State psychiatric hospital. The notification shall include the name of the employer and the number of hours per day or week, as applicable, that the staff member is so employed. The information shall be updated at least annually, but as often as necessary to refect any change in outside employment. The notification to the chief executive officer shall be confidential, and the information shall only be used for the purpose of ensuring that the outside employment does not create a conflict or interfere with the staff member's duties and responsibilities at the State psychiatric hospital.

    Subject to the provisions of Title 11A of the New Jersey Statutes, if a staff member fails to notify the chief executive officer as required in this section, the staff member shall be subject to salary and promotion limitations or demotion, and in the case of deliberate noncompliance with the notification requirement, removal from employment.

    4. This act shall take effect 60 days after enactment.

STATEMENT

    This bill provides that a clinical treatment staff or nursing direct care staff member of a State psychiatric hospital shall not have direct supervisory responsibilities over any immediate family member. Immediate family member includes the staff member's spouse and children, the staff member's siblings and parents, the staff member's spouse's siblings and parents and the spouses of the staff member's children.

    The bill also requires a clinical treatment staff or nursing direct care staff member of a State psychiatric hospital to promptly notify the chief executive officer of the hospital if the staff member also is employed outside of the State psychiatric hospital. The notification shall include the name of the employer and the number of hours per day or week, as applicable, that the staff member is so employed. The notification to the chief executive officer shall be confidential, and the information shall only be used for the purpose of ensuring that the outside employment does not create a conflict or interfere with the staff member's duties and responsibilities at the State psychiatric hospital.

     The bill provides that if a staff member does not comply with the notification requirement, subject to the provisions of Title 11A of the New Jersey Statutes, the staff member shall be subject to salary and promotion limitations or demotion, and in the case of deliberate noncompliance with the notification requirement, removal from employment.

    The provisions of this bill address the findings and recommendations of the Senate Task Force on Greystone Park Psychiatric Hospital regarding staff supervision. The task force found that staff supervision is problematic and fraught with conflict of interest, and that staff scheduling is not necessarily in the patients' best interest.

Prohibits supervision of family members by certain staff at State psychiatric hospitals; requires reporting of outside employment by certain hospital staff members.