Senate Commerce Committee Statement to Senate, No. 1814 — State of New Jersey (May 13, 2024)

Summary

A Senate Commerce Committee statement to the Senate on Senate Bill No. 1814 with committee amendments, State of New Jersey, dated May 13, 2024, reporting the bill favorably. As amended, the bill requires the New Jersey Board of Nursing to defer consideration or withhold certification of a homemaker-home health aide, or an applicant, after notification of a law enforcement charge or complaint, or credible evidence, alleging abuse, neglect or violence against a patient. The deferral remains pending the final disposition of the board's inquiry or of any civil or criminal proceedings, but may not exceed 120 days unless the charge remains pending or is extended for good cause. The committee amendments remove language designating the bill as "Maria's Law."

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SENATE COMMERCE COMMITTEE

STATEMENT TO

SENATE, No.
1814

with
committee amendments

STATE
OF NEW JERSEY

DATED: MAY 13,
2024

The Senate Commerce Committee reports favorably and
with committee amendments Senate Bill No. 1814.

As amended, this bill requires the New Jersey Board of
Nursing to defer consideration or withhold the certification of a
homemaker-home health aide under certain circumstances.

Homemaker-home health aides are persons certified by
the board who perform certain nursing tasks delegated through the authority of
a duly licensed registered professional nurse and are employed by a home care
services agency. Homemaker-home health aides work in a variety of assisted
living residences, as well as the homes of individual patients. Current law
requires criminal history record background checks for all certified
homemaker-home health aides and disqualifies any certified person, or any
applicant for certification, if the person is found to have been convicted of
certain crimes and offenses.

The bill requires the board to defer consideration or
withhold the approval of a certification or conditional certification with
respect to any person who is a certified homemaker-home health aide or is an
applicant for certification and for whom the board has received the following:

(1) notification of a charge or complaint filed
against the person by a law enforcement agency that alleges abuse, neglect, or
violence inflicted by the person on a patient; or

(2) credible evidence supporting an allegation of
abuse, neglect, or violence inflicted by the person on a patient.

The deferred consideration or withholding of approval
of a certification or conditional certification pursuant to the provisions of
this bill must remain in effect pending the final disposition of any inquiry or
investigation conducted by the board, or pending the final disposition of any
civil or criminal proceedings resulting from a court action, except that the
deferred consideration or withholding of approval shall not exceed 120 days
unless the charge or complaint remains pending or is extended for other good
cause shown. This bill was pre-filed for introduction in the 2024-2025 session pending
technical review. As reported, the bill includes the changes required by
technical review, which has been performed.

COMMITTEE AMENDMENTS :

The committee amended the bill to remove language
designating the bill as “Maria’s Law.”

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