Senate Commerce Committee Statement to Assembly, No. 2803 — State of New Jersey (February 10, 2025)

Summary

Statement of the Senate Commerce Committee, State of New Jersey, dated February 10, 2025, reporting favorably and with committee amendments Assembly Bill No. 2803. As amended, the bill authorizes certain out-of-State health care professionals licensed or certified in another state, including physicians, certain nurses, psychologists and social workers, to practice in New Jersey for up to one year pending a final determination on an application for licensure. A professional who fails to give notice of an adverse action in another state is liable to a civil penalty of $500 per day, which a court may reduce or eliminate. Certain recent graduates may practice under a temporary license until full licensure or failure of the licensure examination. The amendments add a review of the National Practitioner Data Bank.

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SENATE COMMERCE COMMITTEE

STATEMENT TO

ASSEMBLY,
No. 2803

with
committee amendments

STATE
OF NEW JERSEY

DATED: FEBRUARY
10, 2025

The Senate Commerce Committee reports favorably and
with committee amendments Assembly Bill No. 2803.

As amended, t his bill authorizes certain out-of-State health care
professionals and recent graduates of health care training programs to practice
in New Jersey pending a final determination on an application for licensure or
certification to practice in New Jersey.

Specifically, the bill provides that alcohol and drug
counselors, marriage and family therapists, professional counselors,
physicians, homemaker-home health aides, certain nurses, psychologists,
psychoanalysts, respiratory care practitioners, and social workers licensed or
certified to practice in another state who apply for licensure or certification
in New Jersey will be authorized to practice for up to one year in New Jersey
pending a final determination on the individual’s application. The bill
stipulates that the other states where the individuals seeking the one-year
license in New Jersey are from also require state and federal background checks
to obtain licensure in that state.

Under the bill, a review is required by the various
boards of the National Practitioner Data Bank and the information it includes
regarding any adverse disciplinary action against a professional seeking the one-year
license. If a professional practicing under a provisional authorization to
practice has the professional’s authorization to practice in any other state
suspended, revoked, or subject to adverse disciplinary action, the professional
will be required to immediately notify the Division of Consumer Affairs in the
Department of Law and Public Safety, which will make a determination as to the
individual’s continuing authorization to practice under the provisional
authorization, which is to include a review of any findings in the National
Practitioner Data Bank. The individual will not be permitted to practice in
New Jersey under the bill until the division makes its determination.

A professional who fails to provide notice of an
adverse action in another state will be liable to a civil penalty of $500 per
day for each day the notice is not provided. However, the individual will have
the opportunity to demonstrate to the court that the individual did not know
and had no reason to know of the adverse action, or that the adverse action was
taken for a violation that was purely technical in nature or that was minor and
did not adversely affect the health or safety of any individual. If the court
finds the individual did not know of the adverse action or that the adverse
action was minor or technical in nature, the court will have the authority to
reduce or eliminate a civil penalty assessed under the bill.

With regard to recent graduates, the bill provides
that certain recent graduates will be authorized to practice under a temporary
license until the person achieves full licensure or fails the licensure
examination.

As amended and reported by the committee, Assembly
Bill No. 2803 is identical to Senate Bill No. 3565, which was also reported by
the committee on this date.

COMMITTEE AMENDMENTS :

The committee has amended the bill to:

(1) add a requirement that the state where an
out-of-State professional comes from is to require state and federal background
checks to obtain licensure in the specific profession;

(2) incorporate a review of the National Practitioner
Data Bank as part of the responsibilities of the boards and the Division of
Consumer Affairs; and

(3) provide that a provisional authorization to
practice issued to an out-of-State health professional pursuant to the bill
only allows the professional to practice in New Jersey for up to one year.

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