S4139

An Act concerning certain health care professionals.

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

1. The Legislature finds and declares that:

a. Health care workers have demonstrated their commitment to helping the residents of the State of New Jersey emerge from the coronavirus disease 2019 (COVID-19) pandemic by continuing to provide care and treatment to patients while working under conditions of enormous stress and uncertainty.

b. On March 26, 2020, the Division of Consumer Affairs in the Department of Law and Public Safety issued waivers, under the authority of Executive Order No. 103 of 2020, permitting certain health care workers licensed in other states to practice in New Jersey under a temporary emergency license. On May 5, 2020, the division issued additional waivers authorizing graduates of certain accredited training programs to provide health care services in New Jersey under a temporary emergency license.

c. The temporary emergency reciprocal licensure of out-of-State health care workers in New Jersey and the temporary emergency graduate licensure for nurses, physician assistants, respiratory care therapists, pharmacists, and alcohol and drug counselors approved under these waivers will expire on January 11, 2022, pursuant to the provisions of P.L.2021, c.103 (C.26:13-32 et seq.) and Executive Order No. 244 of 2021.

d. In light of the ongoing health care needs of the citizens of New Jersey and the ongoing challenges in ensuring the health care workforce is able to meet the demand for health care services, the Legislature finds it is necessary and appropriate to authorize out-of-State health care workers practicing under a temporary emergency reciprocal license, and recently-graduated health care workers practicing under a temporary emergency graduate license, to continue to practice in the State to the same extent, and subject to the same requirements, as are provided under the Division of Consumer Affairs waivers, for a period of 60 days following the end of the federal public health emergency declared in response to the COVID-19 pandemic.

2. a. As used in this section:

“Division” means the Division of Consumer Affairs in the Department of Law and Public Safety.

“Group 2 health care professional” means an advanced practice nurse, certified social worker, doctor of osteopathy, homemaker-home health aide, licensed practical nurse, licensed alcohol and drug counselor, licensed clinical social worker, marriage and family therapist, medical doctor, professional counselor, psychoanalyst, psychologist, registered professional nurse, and respiratory care practitioner.

“Temporary emergency graduate license” means a license issued to a nurse, physician assistant, respiratory care therapist, pharmacist, or alcohol and drug counselor who graduated from an accredited program but did not yet meet the requirements for licensure, which emergency licensed was issued by the division pursuant to DCA Administrative Order No. 2020-05 and DCA Waiver No. W-2020-09, and which license authorizes the nurse, physician assistant, respiratory care therapist, pharmacist, or alcohol and drug counselor to practice in New Jersey.

“Temporary emergency reciprocal license” means a license issued by the division, pursuant to a waiver approved by the division under the authority of Executive Order No. 103 of 2020, to a health care professional licensed in a state other than New Jersey, and which license authorizes the health care professional to fully engage in the practice of that person’s profession in New Jersey, both in person and using telemedicine and telehealth, without requiring full licensure by a licensing board within the division.

b. Notwithstanding any other provision of law to the contrary, a group 2 health care professional practicing in New Jersey under a temporary emergency reciprocal license on the effective date of this act shall be authorized to continue practicing, under the same terms and conditions as applied under that temporary emergency reciprocal license, for a period of 60 days following the end of the federal public health emergency declared in response to the coronavirus disease 2019 (COVID-19) pandemic.

c. Notwithstanding any other provision of law to the contrary, a nurse, physician assistant, respiratory care therapist, pharmacist, or alcohol and drug counselor authorized to practice under a temporary emergency graduate license on the effective date of this act shall be authorized to continue practicing, under the same terms and conditions as applied to a license issued pursuant to DCA Administrative Order No. 2020-05 and DCA Waiver No. W-2020-09, for a period of 60 days following the end of the federal public health emergency declared in response to the COVID-19 pandemic.

d. Nothing in this section shall be construed to:

(1) prevent a health care professional practicing under a temporary emergency reciprocal license or an emergency graduate license from applying for or receiving full licensure in New Jersey, provided the professional otherwise meets the requirements for licensure; or

(2) reinstate a temporary emergency reciprocal license or a temporary emergency graduate license for any individual whose temporary emergency reciprocal license or temporary emergency graduate license was revoked by the division prior to the effective date of this act.

3. This act shall take effect immediately.

STATEMENT

This bill extends the temporary authorization to practice for certain health care professionals that was approved by the Division of Consumer Affairs in the Department of Law and Public Safety in response to the coronavirus disease 2019 (COVID-19) pandemic.

Specifically, the division issued waivers authorizing certain health care professionals licensed in other states and certain health care professionals who recently graduated from an accredited program, but who had not yet met the requirements for full licensure, to practice in New Jersey to assist with the State’s response to the COVID-19 pandemic. Pursuant to P.L.2021, c.103 (C.26:13-32 et seq.) and Executive Order No. 244 of 2021, those temporary emergency licenses will expire on January 11, 2021.

This bill provides that health care professionals authorized to practice under a temporary emergency reciprocal license on the effective date of the bill, as well as nurses, physician assistants, respiratory care therapists, pharmacists, and alcohol and drug counselors authorized to practice under a temporary emergency graduate license on the effective date of the bill, will be permitted to continuing practicing, under the same terms and conditions as applied to the temporary emergency license, for a period of 60 days following the end of the federal public health emergency declared in response to the COVID-19 pandemic.

Nothing in the bill is be construed to prevent a health care professional practicing under a temporary emergency license from applying for or receiving full licensure in New Jersey, provided the professional otherwise meets the requirements for licensure; and nothing in the bill is to be construed to reinstate a temporary emergency license for any individual whose temporary emergency license was revoked by the division prior to the effective date of the bill.