New Jersey § 26:2h-84

§ 26:2h-84.

a. An applicant for certification, or a certified nurse aide or personal care assistant

who is required to undergo a criminal history record background check pursuant to

section 2 of P.L.1997, c. 100 ( C.26:2H-83 ), shall submit to the Commissioner of Health that individual's name, address , and fingerprints taken on standard fingerprint cards by a State or municipal law

enforcement agency. The commissioner is authorized to exchange fingerprint data with and receive criminal

history record information from the Federal Bureau of Investigation and the Division

of State Police for use in making the determinations required by sections 2 through

6 of P.L.1997, c. 100 ( C.26:2H-83 through 87 ). b. Upon receipt of the criminal history record information for a person from the Federal

Bureau of Investigation or the Division of State Police, the commissioner shall immediately

notify, in writing, the applicant, and the applicant's employer if the applicant is

conditionally employed as provided in subsection d. of this section or the applicant's

prospective employer if known, or a certified nurse aide or personal care assistant

who is required to undergo a criminal history record background check pursuant to

section 2 of P.L.1997, c. 100 ( C.26:2H-83 ) and that person's employer, as applicable, of the person's qualification or disqualification

for certification under sections 2 through 6 of P.L.1997, c. 100 ( C.26:2H-83 through 87 ). If the person is disqualified, the conviction or convictions which constitute the

basis for the disqualification shall be identified in the notice to the person, but

shall not be identified in the notice to the person's employer or prospective employer. c. The person who is the subject of the background check shall have 30 days from the

date of the written notice of disqualification to petition the commissioner for a

hearing on the accuracy of the person's criminal history record information or to

establish the person's rehabilitation under subsection b. of section 2 of P.L.1997, c. 100 ( C.26:2H-83 ). The commissioner shall notify the person's employer or prospective employer of the

person's petition for a hearing within five days following the receipt of the petition

from the person. Upon the issuance of a final decision upon a petition to the commissioner pursuant

to this subsection, the commissioner shall notify the person and the person's employer

or prospective employer as to whether the person remains disqualified from certification

under sections 2 through 6 of P.L.1997, c. 100 ( C.26:2H-83 through 87 ). d. An applicant for certification may be issued conditional certification and may

be employed as a nurse aide or a personal care assistant conditionally for a period

not to exceed 60 days, pending completion of a criminal history record background

check required under sections 2 through 6 of P.L.1997, c. 100 ( C.26:2H-83 through 87 ) by the Division of State Police in the Department of Law and Public Safety based

upon an examination of its own files in accordance with section 14 of P.L.1997, c. 100 ( C.53:1-20.9a ), and for an additional period not to exceed 60 days pending completion of a criminal

history record background check by federal authorities as arranged for by the Division

of State Police pursuant to section 14 of P.L.1997, c. 100 ( C.53:1-20.9a ), if the person submits to the commissioner a sworn statement attesting that the

person has not been convicted of any crime or disorderly persons offense as described

in section 2 of P.L.1997, c. 100 ( C.26:2H-83 ). A person who submits a false sworn statement shall be disqualified from certification

as a nurse aide or a personal care assistant, as the case may be, and shall not have

an opportunity to establish rehabilitation pursuant to subsection b. of section 2

of P.L.1997, c. 100 ( C.26:2H-83 ). A conditionally employed person, or an employed person certified as a nurse aide or

a personal care assistant, who disputes the accuracy of the criminal history record

information and who files a petition requesting a hearing pursuant to subsection c.

of this section may remain employed by that person's employer until the commissioner

rules on the person's petition but, pending the commissioner's ruling, the employer

shall not permit the person to have unsupervised contact with patients, residents , or clients, as the case may be, who are 60 years of age or older. e. (1) A licensed health care facility or other entity that has received an application

from or conditionally employs an applicant for nurse aide or personal care assistant

certification, or employs a certified nurse aide or personal care assistant, and: (a) receives notice from the Commissioner of Health that the applicant or certified nurse aide or personal care assistant, as applicable,

has been determined by the commissioner to be disqualified from certification as a

nurse aide or personal care assistant pursuant to sections 2 through 6 of P.L.1997, c. 100 ( C.26:2H-83 through 87 ); or (b) terminates its employment of a conditionally employed applicant for nurse aide

or personal care assistant certification or a certified nurse aide or personal care

assistant because the person was disqualified from employment at the health care facility

or other entity on the basis of a conviction of a crime or disorderly persons offense

as described in section 2 of P.L.1997, c. 100 ( C.26:2H-83 ) after commencing employment at the health care facility or other entity; shall be immune from liability for disclosing that disqualification or termination

in good faith to another licensed health care facility or other entity that is qualified

by statute or regulation to employ the person as a nurse aide or personal care assistant. (2) A licensed health care facility or other entity which discloses information pursuant

to paragraph (1) of this subsection shall be presumed to be acting in good faith unless

it is shown by clear and convincing evidence that the health care facility or other

entity acted with actual malice toward the person who is the subject of the information. f. (1) A licensed health care facility or other entity, upon receiving notice from

the Commissioner of Health that a person employed by it as a nurse aide or personal care assistant, including

a conditionally employed person, has been convicted of a crime or disorderly persons

offense as described in section 2 of P.L.1997, c. 100 ( C.26:2H-83 ) after commencing employment at the health care facility or other entity, shall: (a) immediately terminate the person's employment as a nurse aide or personal care

assistant; and (b) report information about the termination to the Commissioner of Health in a manner prescribed by the commissioner, who shall thereupon deem the person to

be disqualified from certification as a nurse aide or personal care assistant, subject

to the provisions of paragraph (3) of this subsection. (2) A licensed health care facility or other entity shall be immune from liability

for any actions taken in good faith pursuant to paragraph (1) of this subsection and

shall be presumed to be acting in good faith unless it is shown by clear and convincing

evidence that the health care facility or other entity acted with actual malice toward

the employee. (3) The person terminated from employment pursuant to paragraph (1) of this subsection

shall have 30 days from the date of the termination to petition the commissioner for

a hearing on the accuracy of the information about the conviction reported to the

commissioner or to establish why the person should not be terminated from employment,

and disqualified from certification, as a nurse aide or personal care assistant. The commissioner shall notify the person's employer of the person's petition for

a hearing within five days following the receipt of the petition from the person. Upon the issuance of a final decision upon a petition to the commissioner pursuant

to this paragraph, the commissioner shall notify the person and the person's employer

as to whether: (a) the person is to be reinstated in the person's employment as a nurse aide or personal care assistant and retain the person's certification; or (b) the person's termination from employment as a nurse aide or personal care assistant

stands and the person remains disqualified from certification. g. The commissioner shall provide for a registry of all persons who have successfully

completed all training and competency evaluation requirements for certification as

a nurse aide or personal care assistant and shall provide for the inclusion in the

registry of information about the disqualification of any person from certification

pursuant to sections 2 through 6 of P.L.1997, c. 100 ( C.26:2H-83 through 87 ); for which purposes, the commissioner may use an existing registry established

pursuant to statute or regulation, subject to the requirements of federal law. The registry shall include the specific documented findings constituting the basis

for that disqualification, except that the information shall indicate that the person

was convicted of a crime or disorderly persons offense as described in section 2 of P.L.1997, c. 100 ( C.26:2H-83 ), but shall not identify the conviction or convictions which constitute the basis

for the disqualification.