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

Summary

A Senate Commerce Committee statement to the Senate on Senate Bill No. 3494, State of New Jersey, dated May 13, 2021, reporting the bill favorably 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 bars licensure of individuals convicted of certain sexual offenses. The board must review fingerprint results and the National Practitioner Data Bank for convictions of sexual assault, criminal sexual contact or lewdness under N.J.S.2C:14-2 through 2C:14-4, endangering the welfare of a child, or luring a child under P.L.1993, c.291. All State entities regulating a health care profession must deny licensure on such convictions; the statement calls the purpose civil and remedial, not punitive.

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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 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 l egislation
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
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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