S1305

An Act concerning providers of magnetic resonance imaging services, supplementing Title 26 of the Revised Statutes and amending P.L.1997, c.100.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. A person seeking an initial license to operate a facility in this State to provide magnetic resonance imaging services shall apply to the Commissioner of Health and Senior Services for such license. In addition to such other information as may be required by the commissioner to submit for the license, the person, other than a health care professional who has undergone a criminal history record background check pursuant to P.L.2002, c.104 (C.45:1-28 et al.) or a person affiliated with a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), shall undergo a criminal history record background check pursuant to this act.

In the case of a person licensed to operate a facility to provide magnetic resonance imaging services prior to the effective date of this act, other than a health care professional who has undergone a criminal history record background check pursuant to P.L.2002, c.104 (C.45:1-28 et al.) or a person affiliated with a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), the person or those additional persons whom the commissioner deems necessary, using the criteria specified in subsection b. of this section, shall undergo a criminal history record background check pursuant to this act at the time of the first license renewal following the effective date of this act.

b. If a person subject to subsections a. or c. of this section is affiliated with a corporation, association, firm, partnership or other form of business association that provides magnetic resonance imaging services, the commissioner shall require the person to provide such additional information as deemed necessary by the commissioner to identify any persons who, by reason of remuneration or a managerial, supervisory or policy-making position have authority over the management or operation of the corporation, association, firm, partnership or other form of business association. The commissioner shall determine whether any additional person has such authority over the management or operation of the corporation, association, firm, partnership or other form of business association as to require that the additional person undergo a criminal history record background check pursuant to this act.

c. Upon the transfer of ownership or change in management of a facility that provides magnetic resonance imaging services, the commissioner shall require a person who is a new owner, new manager who replaced a person who had been required to undergo a criminal history record background check pursuant to this section, and such additional persons as deemed necessary by the commissioner, using the criteria specified in subsection b. of this section, to undergo a criminal history record background check pursuant to this act.

2. (New section) a. As provided in section 1 of this act, a person seeking initial licensure or the first renewal of a license to operate a facility to provide magnetic resonance imaging services following the effective date of this act, or a person who is a new owner, manager or additional person pursuant to subsections b. and c. of section 1 of this act, shall not be issued a license in this State, unless the Commissioner of Health and Senior Services first determines, consistent with the requirements of this act, that the person is of good moral character and 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 in the Department of Law and Public Safety, which would disqualify that person for such license.

A person shall be disqualified from licensure if the 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

(d) involving health care claims fraud as set forth in P.L.1997, c.353 (C.2C:21-4.2 et al.) or insurance fraud as set forth in sections 72 and 73 of P.L.2003, c.89 (C.2C:21-4.5 and 2C:21-4.6); or

(e) 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; or

(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 licensure on the basis of any conviction disclosed by a criminal history record background check performed pursuant to this act, if a person who is required to undergo a criminal history record background check pursuant to section 1 of this act 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 seriousness of the offense;

(2) the circumstances under which the offense occurred;

(3) the date of the offense;

(4) the age of the person when the offense was committed;

(5) whether the offense was an isolated or repeated incident;

(6) any social conditions which may have contributed to the offense; and

(7) 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 who is required to undergo a criminal history record background check pursuant to section 1 of this act refuses to consent to, or cooperate in, the securing of a criminal history record background check, the commissioner shall not issue a license to operate a facility to provide magnetic resonance imaging services and shall notify the person seeking the license of the commissioner's determination.

3. (New section) a. A person who is required to undergo a criminal history record background check pursuant to section 1 of this act shall submit to the Commissioner of Health and Senior Services the person's name, address and fingerprints taken on standard fingerprint cards by a State or municipal law enforcement agency or taken by such other means as specified by the commissioner. 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 in the Department of Law and Public Safety for use in making the determinations required by this act.

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 person.

c. If the person seeking initial licensure or the first renewal of a license after the effective date of this act or a new owner, manager or additional person is disqualified, the conviction or convictions which constitute the basis for the disqualification shall be identified in the notice to the person.

d. The person who is the subject of the background check shall have 30 days from the date of the written notice from the commissioner pursuant to subsection c. of this section 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 this act. Upon the issuance of a final decision upon a petition to the commissioner pursuant to this subsection, the commissioner shall notify the person as to whether the person is qualified for a license to provide magnetic resonance imaging services under this act.

e. A person may be issued a conditional license to operate a facility to provide magnetic resonance imaging services for a period not to exceed 60 days, pending completion of a criminal history record background check required pursuant to this act by the Division of State Police 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 a person required to undergo a criminal history record background check pursuant to section 1 of this act submits to the commissioner a sworn statement attesting that the person has not been convicted of any of the crimes and offenses enumerated in paragraphs (1) and (2) of subsection a. of section 2 of this act. A person seeking initial licensure or renewal of that license or a new owner, manager or additional person who submits a false sworn statement shall be disqualified for licensure. Any person who submits a false sworn statement shall not have an opportunity to establish rehabilitation pursuant to subsection b. of section 2 of this act.

4. (New section) A person required to undergo a criminal history record background check pursuant to section 1 of this act shall assume the cost of the criminal history record background check conducted pursuant to this act.

5. (New section) A person submitting a false statement pursuant to subsection e. of section 3 of this act shall be subject to a fine of not more than $1,000, which may be assessed by the commissioner.

6. Section 14 of P.L.1997, c.100 (C.53:1-20.9a) is amended to read as follows:

14. a. In accordance with the provisions of sections 2 through 6 and sections 7 through 13 of P.L.1997, c.100 (C.26:2H-83 through 87 and C.45:11-24.3 through 24.9) [and], P.L.2002, c.104 (C.45:1-28 et al.)[,]and P.L. , c. (C. )(pending before the Legislature as this bill), the Division of State Police in the Department of Law and Public Safety shall conduct a criminal history record background check, including a name and fingerprint identification check, of:

(1) each applicant for nurse aide or personal care assistant certification submitted to the Department of Health and Senior Services and of each applicant for homemaker-home health aide certification submitted to the New Jersey Board of Nursing in the Division of Consumer Affairs;

(2) each nurse aide or personal care assistant certified by the Department of Health and Senior Services and each homemaker-home health aide certified by the New Jersey Board of Nursing, as required pursuant to P.L.1997, c.100 (C.26:2H-83 et al.); [and]

(3) each applicant for licensure or other authorization to engage in a health care profession who is required to undergo a criminal history record background check pursuant to P.L.2002, c.104 (C.45:1-28 et al.) and

(4) each person required to undergo a criminal history record background check pursuant to section 1 of P.L. , c. (C. )(pending before the Legislature as this bill) in connection with a license to operate a facility to provide magnetic resonance imaging services.

b. For the purpose of conducting a criminal history record background check pursuant to subsection a. of this section, the Division of State Police shall examine its own files and arrange for a similar examination by federal authorities. The division shall immediately forward the information obtained as a result of conducting the check to: the Commissioner of Health and Senior Services, in the case of an applicant for nurse aide or personal care assistant certification [or], a certified nurse aide or personal care assistant, or a person required to undergo a criminal history record background check pursuant to section 1 of P.L. , c. (C. )(pending before the Legislature as this bill); the New Jersey Board of Nursing in the Division of Consumer Affairs in the Department of Law and Public Safety, in the case of an applicant for homemaker-home health aide certification or a certified homemaker-home health aide; the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in the case of an applicant for licensure or other authorization to practice as a health care professional as defined in section 1 of P.L.2002, c.104 (C.45:1-28).

c. The Division of State Police shall promptly notify the Department of Health and Senior Services in the event a person who is required to undergo a criminal history record background check pursuant to section 1 of P.L. , c. (C. )(pending before the Legislature as this bill) is convicted of a crime or offense in this State after the date the background check was performed. Upon receipt of such notification, the department shall make a determination regarding the continuation of a license to operate a facility to provide magnetic resonance imaging services.

(cf: P.L.2002, c.104, s.5)

7. The Commissioner of Health and Senior Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.

8. This act shall take effect on the 90th day after enactment, but the commissioner may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

STATEMENT

This bill requires a person seeking an initial license or first renewal (after the effective date of the bill) of a license to operate a facility to provide magnetic resonance imaging (MRI) services in this State to apply to the Commissioner of Health and Senior Services for the license. In addition to such other information as may be required by the commissioner, the person is required to undergo a criminal history record background check. The requirements of the bill shall not apply to a health care professional who has undergone a criminal history record background check pursuant to N.J.S.A.45:1-28 et al. or a person affiliated with a health care facility licensed pursuant to N.J.S.A.26:2H-1 et seq.

The bill provides that if the person seeking the license or its renewal is affiliated with a corporation, association, firm, partnership or other form of business association that provides MRI services, the commissioner would require the person to provide such additional information as deemed necessary by the commissioner to identify any persons who, by reason of remuneration or a managerial, supervisory or policy-making position have authority over the management or operation of the corporation, association, firm, partnership or other form of business association. The commissioner is required to determine whether any additional person has such authority over management or operations as to require that the person undergo a criminal history record background check.

In addition, upon the transfer of ownership or change in management of a facility that provides MRI services, the commissioner would require a person who is a new owner or manager and such additional persons, as deemed necessary by the commissioner using the criteria discussed above, to undergo the background check.

A person would be disqualified from licensure if that person is not of good moral character and the person's background check revealed a conviction of any of the crimes or offenses listed below:

-- In New Jersey, any crime or disorderly persons offense:

- involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A.2C:11-1 et seq., N.J.S.A.2C:12-1 et seq., N.J.S.A.2C:13-1 et seq., N.J.S.A.2C:14-1 et seq. or N.J.S.A.2C:15-1 et seq.; or

- against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A.2C:24-1 et seq.; or

- involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes; or

- involving health care claims fraud as set forth in N.J.S.A.2C:21-4.2 et al. or insurance fraud as set forth in N.J.S.A.2C:21-4.5 and 2C:21-4.6; or

-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.A.2C:35-10; or

-- 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 above.

A person would not be disqualified from licensure on the basis of any conviction disclosed by a criminal history record background check if the person has affirmatively demonstrated to the commissioner clear and convincing evidence of the person's rehabilitation. In addition, if a person refuses to consent to, or cooperate in, the securing of a criminal history record background check, the commissioner would not issue a license and would so notify the person seeking the license.

The bill provides that a person may be issued a conditional license to operate a facility to provide MRI services for a period not to exceed 60 days, pending completion of the background checks, if the person submits a sworn statement attesting that the person has not been convicted of any of the crimes and offenses enumerated in the bill. The bill provides that if a person submits a false sworn statement, the person would be disqualified for licensure, would not have an opportunity to establish rehabilitation under the bill and would be subject to a fine of not more than $1,000.

The bill also provides that the person undergoing the criminal history record background check would assume the cost of the background check.

The bill is intended to target unscrupulous operators of MRI facilities. Currently, when seeking a license to operate a MRI facility, a person is required to reveal any criminal history record background information, but the department does not have the authority to conduct a background check to verify that information. This bill would provide the department with that authority.

Lastly, the bill has a delayed effective date of 90 days to allow time for rulemaking.