New Jersey § 45:1-21

§ 45:1-21.

A board may refuse to admit a person to an examination or may refuse to issue or may

suspend or revoke any certificate, registration or license issued by the board upon

proof that the applicant or holder of such certificate, registration or license: a. Has obtained a certificate, registration, license or authorization to sit for an

examination, as the case may be, through fraud, deception, or misrepresentation; b. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation,

false promise or false pretense; c. Has engaged in gross negligence, gross malpractice or gross incompetence which

damaged or endangered the life, health, welfare, safety or property of any person; d. Has engaged in repeated acts of negligence, malpractice or incompetence; e. Has engaged in professional or occupational misconduct as may be determined by

the board; f. Has been convicted of, or engaged in acts constituting, any crime or offense that

has a direct or substantial relationship to the activity regulated by the board or

is of a nature such that certification, registration or licensure of the person would

be inconsistent with the public's health, safety, or welfare, provided that the board

shall make this determination in a manner consistent with section 2 of P.L.2021, c. 81 ( C.45:1-21.5 ). For the purposes of this subsection, a judgment of conviction or a plea of guilty,

non vult, nolo contendere or any other such disposition of alleged criminal activity

shall be deemed a conviction; g. Has had his authority to engage in the activity regulated by the board revoked

or suspended by any other state, agency or authority for reasons consistent with this

section; h. Has violated or failed to comply with the provisions of any act or regulation administered

by the board; i. Is incapable, for medical or any other good cause, of discharging the functions

of a licensee in a manner consistent with the public's health, safety and welfare; j. Has repeatedly failed to submit completed applications, or parts of, or documentation

submitted in conjunction with, such applications, required to be filed with the Department

of Environmental Protection; k. Has violated any provision of P.L.1983, c. 320 ( C.17:33A-1 et seq. ) or any insurance fraud prevention law or act of another jurisdiction or has been

adjudicated, in civil or administrative proceedings, of a violation of P.L.1983, c.

320 ( C.17:33A-1 et seq. ) or has been subject to a final order, entered in civil or administrative proceedings,

that imposed civil penalties under that act against the applicant or holder; l . Is presently engaged in drug or alcohol use that is likely to impair the ability

to practice the profession or occupation with reasonable skill and safety. For purposes of this subsection, the term “ presently ” means at this time or any time within the previous 365 days; m. Has prescribed or dispensed controlled dangerous substances indiscriminately or

without good cause, or where the applicant or holder knew or should have known that

the substances were to be used for unauthorized consumption or distribution; n. Has permitted an unlicensed person or entity to perform an act for which a license

or certificate of registration or certification is required by the board, or aided

and abetted an unlicensed person or entity in performing such an act; o . Advertised fraudulently in any manner. The division is authorized, for purposes of facilitating determinations concerning

licensure eligibility, to require the fingerprinting of each applicant in accordance

with applicable State and federal laws, rules and regulations. Each applicant shall submit the applicant's name, address, and written consent to

the director for a criminal history record background check to be performed. The division is authorized to receive criminal history record information from the

State Bureau of Identification in the Division of State Police and the Federal Bureau

of Investigation. Upon receipt of such notification, the division shall forward the information to

the appropriate board which shall make a determination regarding the issuance of licensure. The applicant shall bear the cost for the criminal history record background check,

including all costs of administering and processing the check, unless otherwise provided

for by an individual enabling act. The Division of State Police shall promptly notify the division in the event an

applicant or licensee, who was the subject of a criminal history record background

check pursuant to this section, is convicted of a crime or offense in this State after

the date the background check was performed. Notwithstanding the provisions of any law, rule, or regulation to the contrary, a

board shall not refuse to admit a person to an examination and shall not suspend,

revoke, or refuse to renew any certificate, registration, or license issued by the

board based solely on the applicant's or the certificate, registration, or license

holder's provision of, authorization of, participation in, referral for, or assistance

with any health care, medical service, or procedure related to an abortion for a person

who resides in a jurisdiction where the provision, authorization, participation, referral,

or assistance is illegal, if the provision, authorization, participation, referral,

or assistance would not be a basis for refusing to admit a person to an examination

or for suspending, revoking, or refusing to renew a certificate, registration, or

license in this State. For purposes of this act: “ Completed application ” means the submission of all of the information designated on the checklist, adopted

pursuant to section 1 of P.L.1991, c. 421 ( C.13:1D-101 ), for the class or category of permit for which application is made. “Permit” has the same meaning as defined in section 1 of P.L.1991, c. 421 ( C.13:1D-101 ).