New Jersey § 26:2k-65

§ 26:2k-65.

a. The Department of Health shall not issue a certification to an EMT candidate unless

the commissioner first determines, consistent with the requirements of sections 1

through 4 of P.L.2023, c. 229 ( C.26:2K-65 through C.26:2K-65.3 ), 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 licensed. An EMT certified by the department prior to the effective date of P.L.2023, c. 229 ( C.26:2K-65.1 et al.) 1 who has not undergone a criminal history record background check, shall undergo the

criminal history record background check as a condition of that individual's recertification

following the effective date of P.L.2023, c. 229 ( C.26:2K-65.1 et al.). A follow-up criminal history record background check of federal records shall be conducted

at least once every three years as a condition of recertification for every EMT. b. An EMT candidate shall be disqualified from certification if that candidate's criminal

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

crimes or 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. ; (b) involving arson as set forth in N.J.S.2C:17-1 or causing or risking widespread injury or damage as set forth in N.J.S.2C:17-2 ; (c) involving forgery and fraudulent offenses as set forth in chapter 21 of Title

2C of the New Jersey Statutes; (d) against the family, children, or incompetents, meaning those crimes and disorderly

persons offenses set forth in N.J.S.2C:24-1 et seq. ; (e) involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes; (f) involving any controlled dangerous substance or controlled substance analog as

set forth in chapter 35 of Title 2C of the New Jersey Statutes; or (g) that would qualify the person for registration pursuant to section 2 of P.L.1994, c. 133 ( C.2C:7-2 ). (2) In any other state or jurisdiction, of any crime or disorderly persons offense

involving conduct which, if committed in this State, would constitute any of the crimes

or disorderly offenses described in paragraph (1) of this subsection. c. Except for a disqualification based on conviction for a crime enumerated in subparagraph

(g) of paragraph (1) of subsection b. of this section or a crime in any other state

or jurisdiction involving conduct which, if committed in this State, would constitute

a crime enumerated in subparagraph (g) of paragraph (1) of subsection b. of this section,

a person shall not be disqualified from licensure on the basis of any conviction disclosed

by a criminal history record background check performed pursuant to the requirements

of this act if the person has affirmatively demonstrated to the commissioner 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. d. If a person subject to the provisions of sections 1 through 4 of P.L.2023, c. 229 ( C.26:2K-65 through C.26:2K-65.3 ) refuses to consent to, or cooperate in, the securing of a criminal history background

check, the commissioner shall, as applicable: (1) not issue an EMT certification; or (2) revoke the person's EMT certification. 1

L.2023, c. 229, eff. Jan. 8, 2024.