Senate Commerce Committee Statement — Senate Bill No. 3494 (New Jersey, May 13, 2021)

Summary

Senate Commerce Committee statement dated May 13, 2021, reporting Senate Bill No. 3494 of the State of New Jersey favorably and with committee amendments. As amended, the bill adds two public members to the State Board of Chiropractic Examiners, for a total of 13 members, and prohibits licensure for individuals convicted of certain felony sexual offenses. It requires State entities that license or regulate a health care profession or occupation to deny an initial license, or a renewal, reactivation, or reinstatement, where a review of criminal history records or National Practitioner Data Bank records shows such a conviction. The committee amendments remove language that deems the terms of the current board members as expired and alter the effective date to be strictly immediate.

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     SENATE COMMERCE COMMITTEE

                     STATEMENT TO

                   SENATE, No. 3494
                    with committee amendments



 STATE OF NEW JERSEY
                       DATED: MAY 13, 2021

    The Senate Commerce Committee reports favorably and with
committee amendments Senate Bill No. 3494.
    As amended, this bill adds two public members to the State Board
of Chiropractic Examiners board membership, for a total of 13
members, and prohibits licensure for individuals convicted of certain
felony sexual offenses.
    The bill requires, as part of the review of the qualifications of an
applicant for initial licensure or licensure renewal, reactivation or
reinstatement, that the board review the results from the submission of
fingerprints by an applicant and a search of the applicant in the
National Practitioner Data Bank to ensure, at a minimum, that the
applicant has not been convicted of sexual assault, criminal sexual
contact or lewdness pursuant to N.J.S.2C:14-2 through 2C:14-4 that is
of the first, second, third or fourth degree, endangering the welfare of a
child pursuant paragraph (1) of subsection a. to N.J.S.2C:24-4,
attempting to lure or entice a child pursuant to section 1 of P.L.1993,
c.291 (C.2C:13-6), or equivalent offenses in another jurisdiction. The
board also reserves the right, under the bill, to refuse to admit an
applicant to an examination, to not renew a license, or to revoke or
suspend a license of a chiropractor or chiropractic assistant if
information is discovered, through the a review of the results from the
submission of fingerprints by an applicant and through the continuous
use query function in the National Practitioner Data Bank or by other
means, that shows a chiropractor or chiropractic assistant has been
convicted of sexual assault, criminal sexual contact or lewdness
pursuant to N.J.S.2C:14-2 through 2C:14-4 that is of the first, second,
third or fourth degree, endangering the welfare of a child pursuant to
paragraph (1) of subsection a. of N.J.S.2C:24-4, attempting to lure or
entice a child pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6), or
equivalent offenses in another jurisdiction. Nothing in the bill is to
preclude the board from considering criminal convictions other than
those offenses already in the bill or from considering other information
provided by the National Practitioner Data Bank or any other source
when reviewing an applicant’s qualifications for licensure.
    The bill also requires that all State entities created or designated to
license or otherwise regulate a health care profession or occupation
                                  2

deny an initial license certification or registration, or a renewal,
reactivation, or reinstatement of a license, certification or registration
if the review of an individual’s criminal history records or records with
the National Practitioner Data Bank demonstrate the individual has
been convicted of sexual assault, criminal sexual contact or lewdness
pursuant to N.J.S.2C:14-2, N.J.S.2C:14-3, and N.J.S.2C:14-4 that is of
the first, second, third or fourth degree, endangering the welfare of a
child pursuant to paragraph (1) of subsection a. of N.J.S.2C:24-4,
attempting to lure or entice a child pursuant to section 1 of P.L.1993,
c.291 (C.2C:13-6), or equivalent offenses in another jurisdiction.
Nothing in the bill is to preclude the State entity licensing or otherwise
regulating a health care profession or occupation from considering
criminal convictions for offenses other than those offenses included in
the bill or from considering other information provided by the National
Practitioner Data Bank or any other source when reviewing the
qualifications of an applicant for licensure, certification, or
registration.
     The effective date of the bill, if enacted, is to be immediate.
     The purpose of this legislation is to enhance public safety, by
barring certain convicted sex offenders from licensure, registration or
certification in a regulated health care profession or occupation. This
is not intended as a punitive measure against those who have engaged
in prior criminal conduct, but rather to serve the civil and remedial
purpose of ensuring that those who have been found to have engaged
in criminal sexual conduct which carries with it a risk of recidivism are
not eligible for licensure in a health care profession or occupation
which, by its nature, places practitioners in a unique position of trust
and access to potentially vulnerable populations. It is necessary and
appropriate for the Legislature to withhold from those convicted of
serious sex offenses the State imprimatur that conveys to the public an
official endorsement of such individuals to provide health care
services in New Jersey.

COMMITTEE AMENDMENTS:
    The committee amended the bill to:
    (1) add a conviction for luring or enticing a child to the list of
offenses that will disqualify an applicant to the State Board of
Chiropractic Examiners from initial licensure or licensure renewal,
reinstatement, and reactivation, and from admission to examination,
and that can be used as grounds for licensure suspension or revocation;
    (2) incorporate provisions in current law requiring a review of the
results from the submission of fingerprints from applicants to the
board as part of the qualification review process and as part of the
decision to admit an application to examination;
    (3) allow the board to consider convictions for other criminal
offenses aside from those listed in the bill but may be part of an
                                  3

applicant’s record in the National Practitioner Data Bank or any other
source;
    (4) add language to current law to require any entity designated in
section 2 of P.L.1978, c.73 (C.45:1-15) or created to license or
regulate a health care profession or occupation to not initially license,
certify, or register, or renew, reinstate or reactivate a license,
certification or registration unless the entity has first determined that
no criminal history record or record with the National Practitioner
Data Bank exists showing an applicant has been convicted of sexual
assault; criminal sexual contact or lewdness of the first, second, third
or fourth degree; endangering the welfare of a child; attempting to lure
or entice a child; or equivalent offenses in another jurisdiction;
    (5) permit any entities designated or created to license or regulate a
health care professional to consider convictions for other criminal
offenses aside from those listed in the bill but may be part of an
applicant’s record in the National Practitioner Data Bank or any other
source;
    (6) remove language that deems the terms of the current members
of the State Board of Chiropractic Examiners as expired;
    (7) make technical corrections to citations in the current bill; and
    (8) alter the effective date to be strictly immediate.


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