ASSEMBLY, No. 2697
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 3, 1997
By Assemblymen HOLZAPFEL and WOLFE
An Act concerning homemaker-home health aides and amending P.L.1947, c.262 and P.L.1990, c.125.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1947, c.262 (C.45:11-24) is amended to read as follows:
2. a. The board; appointment; terms. In addition to the members appointed to represent the interests of the public pursuant to P.L.1971, c.60 as amended by P.L.1977, c.285 (C.45:1-2.2) the New Jersey Board of Nursing shall consist of 10 members, six of whom shall be registered professional nurses, two of whom shall be licensed practical nurses, one of whom shall be a nurse practitioner/clinical nurse specialist, and one of whom shall be an additional public member, all to be appointed by the Governor. Appointments to the board shall be for terms of five years or for the unexpired portion of a term in the case of a vacancy for any cause within a term, and until a successor shall be appointed and qualified. In making appointments the Governor shall give due consideration to, but shall not be bound by, recommendations submitted by the various nurses' professional associations of this State. Upon notice and hearing, the Governor may remove from office any member of the board for neglect of duty, incompetency, unprofessional or dishonorable conduct.
b. Qualifications for appointment. The nurse practitioner/clinical nurse specialist member shall be a resident of this State, shall be a graduate of an accredited nurse practitioner/clinical nurse specialist program, shall have had at least five years' experience in professional nursing, shall at the time of appointment be actively working as a nurse practitioner/clinical nurse specialist, and, except for the member first appointed, shall hold a certification as a nurse practitioner/clinical nurse specialist pursuant to P.L.1991, c.377 (C.45:11-45 et al.). Each registered professional nurse member of the board shall be a citizen of the United States and a resident of this State; shall be a graduate of an accredited school of nursing within the United States; shall be a registered nurse in this State; shall have had at least five years' experience in professional nursing following graduation from an accredited school of nursing; and shall at the time of appointment be actively engaged in nursing or work relating thereto. The licensed practical nurse members of the board shall be citizens of the United States and residents of this State; shall hold a valid license to practice practical nursing in this State; shall have had at least three years' experience in practical nursing; and shall at the time of appointment be actively engaged in practical nursing or work related thereto.
c. Oath or affirmation of office. Within 30 days after receipt of the commission, each appointee shall take, subscribe and file in the office of the Secretary of State the oath or affirmation prescribed by law.
d. Duties and powers. The board shall have the following duties and powers: (1) It shall hold annual meetings and such other meetings as it may deem necessary at such times and places as the board shall prescribe and a majority of the board including one officer shall constitute a quorum. (2) It shall elect from its members and prescribe the duties of a president and secretary-treasurer, each of whom shall serve for one year and until a successor is elected. (3) It shall appoint and prescribe the duties of an executive secretary to the board who need not be a member thereof but who shall be a citizen of the United States, a graduate of a college or university with a major in nursing education, a registered nurse of this State with at least five years' experience in teaching or administration or both in an accredited school of professional nursing, or have equivalent qualifications as determined by the board. The executive secretary shall hold office during the will and pleasure of the board. (4) It shall employ and prescribe the duties of such persons as in its judgment shall be necessary for the proper performance and execution of the duties and powers of the board. (5) It shall determine and pay reasonable compensation and necessary expenses of the executive secretary and all employees of the board. (6) It shall pay to each member of the board the compensation hereinafter provided. (7) It shall have a common seal, keep an official record of all its meetings, and through its secretary-treasurer report annually to the Governor the work of the board. (8) It shall examine applicants for a license or renewals thereof, issue, renew, revoke and suspend licenses, as hereinafter provided. (9) It shall in its discretion investigate and prosecute all violations of provisions of this act. (10) It shall keep an official record which shall show the name, age, nativity and permanent place of residence of each applicant and licensee and such further information concerning each applicant and licensee as the board shall deem advisable. The record shall show also whether the applicant was examined, licensed or rejected under this and any prior act. Copies of any of the entries of the record or of any certificate issued by the board may be authenticated by any member of the board under its seal and when so authenticated shall be evidence in all courts of this State of the same weight and force as the original thereof. For authenticating a copy of any entry or entries contained in its record the board shall be paid a fee of $3.00, but such authentication, if made at the request of any public agency of this or any other jurisdiction, may be without fee. (11) In its discretion it may publish at such times as it shall determine a list of nurses licensed under this act, a list of schools of nursing accredited or approved under this act, and such other information as it shall deem advisable. (12) It shall prescribe standards and curricula for schools of nursing and evaluate and approve courses for affiliation. (13) It shall hear and determine applications for accreditation of schools of professional nursing, conduct investigations before and after accreditation of such schools and institutions with which they are affiliated, and issue, suspend or revoke certificates of accreditation as hereinafter provided. (14) It shall approve schools of practical nursing which shall conform to the standards, curricula, and requirements prescribed by the board, and suspend or revoke approval for violations thereof; provided, that this power shall not extend to schools operated by any board of education in this State. (15) It may consult with the Medical Society of New Jersey and the New Jersey Hospital Association with respect to any matter relating to the administration of this act and shall consult with those associations with respect to standards and curricula and any change thereof for schools of nursing. (16) It shall issue subpoenas for the attendance of witnesses and production of documents at any hearing before the board authorized by this act and any member of the board shall administer an oath or affirmation to persons appearing to give testimony at such hearings. (17) It may conduct any investigations, studies of nursing and nursing education and related matters, and prepare and issue such publications as in the judgment of the board will advance the profession of nursing and its service to the public. (18) It shall perform all other functions which are provided in this act to be performed by it or which in the judgment of the board are necessary or proper for the administration of this act. (19) It shall from time to time prescribe rules and regulations not inconsistent with this act. (20) It shall prescribe standards and curricula for homemaker-home health aide education and training programs which a homemaker-home health aide shall complete in order to work in this State. (21) It shall review applications to provide homemaker-home health aide training programs and shall issue, suspend or revoke program approval. (22) It shall establish and maintain a registry of all individuals who have successfully completed a homemaker-home health aide training and competency evaluation program. The registry shall provide for the inclusion of specific documented findings of patient abuse or misappropriation of resident property involving an individual listed in the registry, as well as any brief statement of the individual disputing the findings. In the case of inquiries to the registry concerning an individual listed in the registry, any information disclosed concerning the finding shall also include disclosure of any statement in the registry relating to the finding or a clear and accurate summary of that statement. (23) It shall prescribe standards and requirements for a standardized, written competency evaluation program resulting in certification of the homemaker-home health aide, and the renewal, revocation, and suspension of that certification. (24) It shall review applications for homemaker home-health aide certification and shall issue, suspend, revoke, or fail to renew certifications and conduct investigations pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.).
e. Compensation. Each member of the board shall receive $15.00 per day for each day in which such member is actually engaged in the discharge of duties and traveling and other expenses necessarily incurred in the discharge of duties.
(cf: P.L.1991, c.377, s.3)
2. Section 1 of P.L.1990, c.125 ( C.45:11-24.2) is amended to read as follows:
1. [The] In the case of an applicant for homemaker-home health aide certification who, as determined by the board, has a language or literacy barrier that would impede successful performance on a written competency evaluation, the board shall [provide that a person] prescribe standards and requirements for an alternate means of assessing competency which [may]shall satisfy the [examination] standardized, written competency evaluation requirement pursuant to paragraph (23) of subsection d. of section 2 of P.L.1947, c.262 (C.45:11-24) for certification as a homemaker-home health aide [by passing an oral competency evaluation in English or Spanish].
(cf: P.L.1990, c.125, s.1)
3. A homemaker-home health aide who is certified and in employment on the effective date of this act, may continue in employment if, upon the next renewal of his certification, he successfully completes the standardized, written competency evaluation program, pursuant to paragraph (23) of subsection d. of section 2 of P.L.1947, c.262 (C.45:11-24) or the alternate means of assessing competency pursuant to section 1 of P.L.1990, c.125 (C.45:11-24.2), as appropriate.
4. The New Jersey Board of Nursing, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
5. This act shall take effect on the 120th day after enactment.
STATEMENT
This bill requires that the New Jersey Board of Nursing prescribe standards and requirements for a standardized, written competency evaluation program for homemaker-home health aide certification. Under current law, the New Jersey Board of Nursing approves the training programs offered to homemaker-home health aides, but there is no standardized, written competency evaluation which is overseen by the board. In order to allow those persons currently certified as homemaker-home health aides to maintain their positions, the bill provides that those aides who are certified and in employment on the effective date of the bill may continue in employment if they successfully complete the standardized written evaluations upon certification renewal (which occurs every two years). Also, to accommodate those homemaker-home health aides who have a language or literacy barrier that would impede successful performance on a written competency evaluation, the board would prescribe the standards and requirements for an alternate competency evaluation, which would satisfy the written evaluation requirement.
The bill also provides that the current registry of certified homemaker-home health aides include specific documented findings of patient abuse or misappropriation of resident property involving an individual listed in the registry, as well as any brief statement of the individual disputing the findings. In the case of inquiries to the registry concerning an individual listed in the registry, any information disclosed concerning such a finding would also include disclosure of any statement in the registry relating to the finding or a clear and accurate summary of that statement.
Requires written competency evaluation of homemaker-home health aides and a registry for documented findings of patient abuse.