SENATE, No. 878
STATE OF NEW JERSEY
INTRODUCED MARCH 7, 1996
By Senators SINGER and CODEY
An Act providing conscientious employee protections to health care professionals and amending P.L.1986, c.105.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1986, c.105 (C.34:19-2) is amended to read as follows:
2. As used in this act:
a. "Employer" means any individual, partnership, association, corporation or any person or group of persons acting directly or indirectly on behalf of or in the interest of an employer with the employer's consent and shall include all branches of State Government, or the several counties and municipalities thereof, or any other political subdivision of the State, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.
b. "Employee" means any individual who performs services for and under the control and direction of an employer for wages or other remuneration.
c. "Public body" means:
(1) the United States Congress, and State legislature, or any popularly-elected local governmental body, or any member or employee thereof;
(2) any federal, State, or local judiciary, or any member or employee thereof, or any grand or petit jury;
(3) any federal, State, or local regulatory, administrative, or public agency or authority, or instrumentality thereof;
(4) any federal, State, or local law enforcement agency, prosecutorial office, or police or peace officer;
(5) any federal, State or local department of an executive branch of government; or
(6) any division, board, bureau, office, committee or commission of any of the public bodies described in the above paragraphs of this subsection.
d. "Supervisor" means any individual with an employer's organization who has the authority to direct and control the work performance of the affected employee, who has authority to take corrective action regarding the violation of the law, rule or regulation of which the employee complains, or who has been designated by the employer on the notice required under section 7 of this act.
e. "Retaliatory action" means the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment.
f. "Improper quality of patient care" means, with respect to patient care, any practice, procedure, action or failure to act of an employer that is a health care provider which violates any law or any rule, regulation or declaratory ruling adopted pursuant to law, or any professional code of ethics.
(cf: P.L.1986, c.105, s.2)
2. Section 3 of P.L.1986, c.105 (C.34:19-3) is amended to read as follows:
3. An employer shall not take any retaliatory action against an employee because the employee does any of the following:
a. Discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer or another employer, with whom there is a business relationship, that the employee reasonably believes is in violation of a law, or a rule or regulation promulgated pursuant to law, or, in the case of an employee who is a licensed health care professional, reasonably believes constitutes improper quality of patient care;
b. Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law by the employer or another employer, with whom there is a business relationship, or, in the case of an employee who is a licensed health care professional, provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into the quality of patient care; or
c. Objects to, or refuses to participate in any activity, policy or practice which the employee reasonably believes:
(1) is in violation of a law, or a rule or regulation promulgated pursuant to law or, if the employee is a licensed health care professional, constitutes improper quality of patient care;
(2) is fraudulent or criminal; or
(3) is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment.
(cf: P.L.1989, c.220, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill amends the "Conscientious Employee Protection Act" to extend the protections of that act against employer retaliation to any licensed health care professional who takes actions regarding an instance of improper patient care which the professional reasonably believes violates the professional's code of ethics or any law, rule, regulation or declaratory ruling adopted pursuant to law. The bill protects the professional from employer retaliation if the professional discloses such instances to a supervisor or public body or objects to, or refuses to participate in, any activity, policy or practice which violates the code of ethics or any law, rule, regulation or declaratory ruling adopted pursuant to law.
The "Conscientious Employee Protection Act" currently protects from employer retaliation any employee who discloses, objects to, or refuses to participate in, actions which the employee reasonably believes to be illegal, fraudulent or incompatible with a clear mandate of public policy. This bill provides that employer retaliation is also prohibited in any case in which a health care professional reasonably believes that an employer has committed an act which constitutes improper quality of patient care.
In a growing number of cases, health care professionals are being pressured to accept seriously inadequate staffing levels and delegate their responsibilities to unqualified, non-professional staff. It is of the utmost importance that health care professionals are able to speak out against, and refuse to participate in, these and other practices by their employers which endanger the well-being of patients.
Provides protection for health care professionals under the "Conscientious Employee Protection Act."