Senate Commerce Committee Statement to Senate, No. 3565 — State of New Jersey (February 10, 2025)

Summary

The Senate Commerce Committee of the State of New Jersey, in a statement dated February 10, 2025, reports favorably and with committee amendments Senate Bill No. 3565. As amended, the bill authorizes certain out-of-State health care professionals licensed or certified in another state to practice in New Jersey for up to one year pending a final determination on an application for licensure or certification, and lets certain recent graduates practice under a temporary license. A professional who fails to notify the Division of Consumer Affairs of an adverse action in another state is liable to a civil penalty of $500 per day, an amount a court may reduce. The amendments add background check and National Practitioner Data Bank review requirements. As amended, the bill is identical to Assembly Bill No. 2803.

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SENATE COMMERCE COMMITTEE

STATEMENT TO

SENATE, No.
3565

with
committee amendments

STATE
OF NEW JERSEY

DATED: FEBRUARY
10, 2025

The Senate Commerce Committee reports favorably and
with committee amendments Senate Bill No. 3565.

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, Senate Bill No.
3565 is identical to Assembly Bill No. 2803, which was also amended and
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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