New Jersey § 26:2h-83

§ 26:2h-83.

a. The Department of Health shall not issue a nurse aide or personal care assistant certification to any applicant,

except on a conditional basis as provided for in subsection d. of section 3 of P.L.1997, c. 100 ( C.26:2H-84 ), unless the Commissioner of Health first determines, consistent with the requirements of sections 2 through 6 of P.L.1997, c. 100 ( C.26:2H-83 through 87 ), that no criminal history record information exists on file in the Federal Bureau

of Investigation, Identification Division, or in the State Bureau of Identification

in the Division of State Police, which would disqualify that person from being certified. A nurse aide or personal care assistant certified by the department prior to the

effective date of P.L.2000, c. 20 upon whom a criminal history record background check has not been conducted pursuant

to sections 2 through 6 of P.L.1997, c. 100 ( C.26:2H-83 through 87 ), shall be required to undergo that criminal history record background check as a

condition of that individual's initial recertification following the effective date

of P.L.2000, c. 20 . In addition, a follow-up criminal history record background check of federal records

shall be conducted at least once every two years as a condition of recertification

for every certified nurse aide and personal care assistant; except that the commissioner,

in lieu of conducting follow-up criminal history record background checks for purposes

of recertification, may provide for an alternative means of determining whether a

certified nurse aide or personal care assistant has been convicted of a crime or disorderly

persons offense which would disqualify that person from certification, including,

but not limited to, a match of a person's Social Security number or other identifying

information with records of criminal proceedings in this and other states. If the commissioner elects to implement this alternative means of determining whether

a certified nurse aide or personal care assistant has been convicted of a crime or

disorderly persons offense which would disqualify that person from certification,

the commissioner shall report to the Governor and the Legislature prior to its implementation

on the projected costs and procedures to be followed with respect to its implementation

and setting forth the rationale therefor. A person shall be disqualified from certification if that person's criminal history

record background check reveals a record of conviction of any of the following crimes

and offenses: (1) In New Jersey, any crime or disorderly persons offense: (a) involving danger to the person, meaning those crimes and disorderly persons offenses

set forth in N.J.S.2C:11-1 et seq. , N.J.S.2C:12-1 et seq. , N.J.S.2C:13-1 et seq. , N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq. ; or (b) against the family, children , or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:24-1 et seq. ; or (c) involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes;

or (d) involving any controlled dangerous substance or controlled substance analog as

set forth in chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4)

of subsection a. of N.J.S.2C:35-10 . (2) In any other state or jurisdiction, of conduct which, if committed in New Jersey,

would constitute any of the crimes or disorderly persons offenses described in paragraph

(1) of this subsection. b. Notwithstanding the provisions of subsection a. of this section, no person shall

be disqualified from certification on the basis of any conviction disclosed by a criminal

history record background check performed pursuant to sections 2 through 6 and section

14 of P.L.1997, c. 100 ( C.26:2H-83 through 87 and C.53:1-20.9a ) if the person has affirmatively demonstrated to the Commissioner of Health clear and convincing evidence of the person's rehabilitation. In determining whether a person has affirmatively demonstrated rehabilitation, the

following factors shall be considered: (1) the nature and responsibility of the position which the convicted person would

hold, has held or currently holds, as the case may be; (2) the nature and seriousness of the offense; (3) the circumstances under which the offense occurred; (4) the date of the offense; (5) the age of the person when the offense was committed; (6) whether the offense was an isolated or repeated incident; (7) any social conditions which may have contributed to the offense; and (8) any evidence of rehabilitation, including good conduct in prison or in the community,

counseling or psychiatric treatment received, acquisition of additional academic or

vocational schooling, successful participation in correctional work-release programs,

or the recommendation of those who have had the person under their supervision. c. If a person subject to the provisions of sections 2 through 6 of P.L.1997, c. 100 ( C.26:2H-83 through 87 ) refuses to consent to, or cooperate in, the securing of a criminal history record

background check, the commissioner shall, as applicable: (1) not issue a nurse aide or personal care assistant certification and shall notify

the applicant, and the applicant's employer if the applicant is conditionally employed

as provided in subsection d. of section 3 of P.L.1997, c. 100 ( C.26:2H-84 ) or the applicant's prospective employer if known, of that denial; or (2) revoke the person's current nurse aide or personal care assistant certification

and notify the person, and the person's employer, if known, of that revocation.