A1545

An Act concerning professional and occupational licenses, revising various parts of the statutory law, and supplementing P.L.1999, c.403 (C.45:1-7.1 et seq.).

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

1. Section 5 of P.L.1999, c.403 (C.45:1-7.1) is amended to read as follows:

5. a. Notwithstanding any other act or regulation to the contrary, the provisions of this section [and sections section 6 and 7 of P.L.1999, c.403 (C.45:1-7.2 and C.45:1-7.3)] shall apply to every holder of a professional or occupational license or certificate of registration or certification issued or renewed by a board specified in section 2 of P.L.1978, c.73 (C.45:1-15), who seeks renewal of that license or certificate.

b. Every holder of a professional or occupational license or certificate of registration or certification, issued or renewed by a board specified in section 2 of P.L.1978, c.73 (C.45:1-15), who seeks renewal shall submit a renewal application and pay a renewal fee prior to the date of expiration of the license or certificate of registration or certification. If the holder does not renew the license or certificate prior to its expiration date, the holder may renew it within 30 days of its expiration date by submitting a renewal application and paying a renewal fee and a late fee. During the 30-day period, the license shall be valid and the licensee shall not be deemed practicing without a license. Any professional or occupational license or certificate of registration or certification not renewed within 30 days of its expiration date shall be suspended without a hearing.

c. Any individual who continues to practice [with an expired] after the 30 days following the expiration date of that individual’s license or certificate of registration or certification [after 30 days following its expiration date] shall be deemed to be engaged in unlicensed practice of the regulated profession or occupation, even if no notice of suspension has been provided to the individual.

d. A professional or occupational license or certificate of registration or certification suspended pursuant to this section may be reinstated [within five years following its date of expiration upon submission of a renewal application and payment of an additional reinstatement fee. An applicant seeking reinstatement of a license or certificate suspended pursuant to this section more than five years past its expiration date shall successfully complete the examination required for initial licensure, registration or certification and submit a renewal application and payment of an additional reinstatement fee] as provided in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

e. A board specified in section 2 of P.L.1978, c.73 (C.45:1-15) shall send a notice of renewal to each of its holders of a professional or occupational license or certificate of registration or certification, as applicable, at least 60 days prior to the expiration of the license or certificate. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew provided that the license is renewed within 60 days from the date the notice is sent.

f. A renewal applicant electing to renew as inactive shall not engage in professional or occupational practice within the State or hold himself out as eligible to engage in professional or occupational practice within the State.

(cf: P.L.1999, c.403, s.5)

2. (New section) a. An applicant seeking reinstatement of a license or certificate suspended pursuant to section 5 of P.L.1999, c.403 (C.45:1-7.1) shall submit:

(1) A renewal application;

(2) A certification of employment listing each job held during the period of suspended license, registration, or certification, which includes the names, addresses, and telephone numbers of each employer;

(3) Payment of the renewal fee for the biennial or triennial period for which reinstatement is sought;

(4) Payment of the unpaid renewal fee for the biennial or triennial period immediately preceding the renewal period for which reinstatement is sought;

(5) Payment of a reinstatement fee; and

(6) Proof of having satisfied all conditions precedent to renewal, including, but not limited to, the continuing education credits that were required to be completed during the biennial or triennial period immediately prior to the renewal period for which reinstatement is sought.

b. An applicant seeking reactivation of a license or certificate that was in inactive status pursuant to section 5 of P.L.1999, c.403 (C.45:1-7.1) shall submit:

(1) A renewal application;

(3) Payment of the renewal fee for the biennial or triennial period for which reinstatement is sought, or, in the discretion of the board, a prorated fee if there is less than one year remaining in the biennial or triennial period; and

(4) Proof of having satisfied all conditions precedent to renewal, including, but not limited to, the continuing education credits that were required to be completed during the biennial or triennial period immediately prior to the renewal period for which reinstatement is sought.

c. An applicant seeking reinstatement of a license or certificate suspended pursuant to section 5 of P.L.1999, c.403 (C.45:1-7.1), or an applicant seeking reactivation of a license or certificate that was in inactive status pursuant to section 5 of P.L.1999, c.403 (C.45:1-7.1), who holds a valid, current, corresponding professional or occupational license, certificate of registration, or certification in good standing issued by another state, who submits proof of having satisfied that state’s continuing education requirements for that license, certification of registration, or certification, shall be deemed to have satisfied paragraph (6) of subsection a. and paragraph (4) of subsection b. of this section.

d. To the extent that specific courses are required to satisfy the continuing education requirement for, or are required to have been satisfied prior to, the biennial or triennial period for which renewal is sought, a board may permit those courses to be taken in the 12 months following renewal Credit for those courses may be applied to the continuing education requirement for the next renewal period.

e. If a board review of an application for reinstatement or reactivation under this section establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement or reactivation, the board may require the applicant to submit to and successfully pass an examination or an assessment of skills, a refresher course, or other requirements as determined by the board prior to reinstatement or reactivation of the license. If that examination or assessment identifies clinical deficiencies or educational needs, the board may require the applicant, as a condition of reinstatement or reactivation of licensure, to take and successfully complete any education or training, or to submit to any supervision, monitoring, or limitations, as the board determines are necessary to assure that the applicant practices with reasonable skill and safety. The board, in its discretion, may restore the license subject to the applicant’s completion of the training within a period of time prescribed by the board following the restoration of the license.

3. (New section) a. Upon receipt of a completed application, application fee, consent to a criminal history record background check, if applicable, and requisite fee for such a check, a board shall issue a professional or occupational license, certificate of registration, or certification to any person who documents that the person holds a valid, current corresponding professional or occupational license, certificate of registration, or certification in good standing issued by another state, if:

(1) the state that issued the license has, or had at the time of issuance, education, training, and examination requirements for licensure, registration, or certification substantially equivalent to the current standards of this State, as determined by the board or committee;

(2) the applicant had been practicing under that license within the five years prior to the date of the application; and

(3) the requirements of subsection b. of this section have been satisfied with respect to the person.

b. Prior to the issuance of the license, certificate of registration, or certification pursuant to subsection a. of this section, the board or committee shall have received or obtained:

(1) documentation reasonably satisfactory to the board that the applicant’s license, certificate of registration, or certification in that other state is valid, current, and in good standing;

(2) if a person is seeking licensure as a health care professional as defined in section 1 of P.L.2002, c.104 (C.45:1-28), or if a criminal history record background check is otherwise required prior to licensure in this State, the results of a criminal history record background check of the files of the Criminal Justice Information Services Division in the Federal Bureau of Investigation and the State Bureau of Identification in the Division of State Police that does not disclose a conviction for a disqualifying crime; and

(3) designation of an agent in this State for service of process if the applicant is not a New Jersey resident and does not have an office in New Jersey.

c. For purposes of this section, “good standing” means that:

(1) no action has been taken against the applicant’s license by any licensing board;

(2) no action affecting the applicant’s privileges to practice that applicant’s profession has been taken by any out-of-State institution, organization, or employer;

(3) no disciplinary proceeding is pending that could affect the applicant’s privileges to practice that applicant’s profession;

(4) all fines levied by any out-of-State board have been paid; and

(5) there is no pending or final action by any criminal authority for violation of law or regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, this State, or any other state including, but not limited to: criminal homicide; aggravated assault; sexual assault, criminal sexual contact, or lewdness; or an offense involving any controlled dangerous substance or controlled dangerous substance analog.

d. For purposes of this section, a “substantially equivalent” examination need not be identical to the current examination requirements of this State, but such examination shall be nationally recognized and of comparable scope and rigor.

e. An applicant’s experience may be considered by the board or committee to compensate for disparity in substantial equivalence in education and examination requirements under subsection a. of this section.

f. An applicant shall satisfy or shall have satisfied all applicable prerequisites required for initial licensure in this State, such as obtaining insurance, including malpractice insurance, a surety bond, or a pressure seal.

g. An applicant shall answer truthfully all questions asked of an applicant for initial licensure.

h. Not later than six months after the issuance of the license, the board or committee shall have received documentation reasonably satisfactory to the board verifying the person’s education, training, and examination results.

i. A board or committee, after the licensee has been given notice and an opportunity to be heard, may revoke any license based on a license issued by another state obtained through fraud, deception, or misrepresentation.

j. Nothing contained in this section shall preclude a board from requiring an applicant for licensure based on an out-of-State license to take an on-line jurisprudence course or an orientation available to the applicant at any time.

k. A board shall only grant a license, certificate of registration, or certification without examination to an applicant seeking reciprocity who holds a corresponding license, certificate of registration, or certification from another state if equal reciprocity is provided for a New Jersey applicant for licensure under the law of that other state.

l. Nothing in this section shall preclude a board from exercising its discretion to grant a license, certificate of registration, or certification without examination to an applicant seeking reciprocity who holds a corresponding license, certificate of registration, or certification from another state who does not meet the good standing requirement of subsection a. of this section due to a pending action by a licensing board, a pending action by an out-of-State institution, organization, or employer affecting the applicant’s privileges to practice, a pending disciplinary proceeding, or a pending criminal charge or arrest for a crime.

m. Notwithstanding any law or regulation to the contrary, the provisions of this section shall apply to every holder of a professional or occupational license or certificate of registration or certification issued or renewed by a board specified in section 2 of P.L.1978, c.73 (C.45:1-15).

4. The following sections are repealed:

Section 6 of P.L.1999, c.403 (C.45:1-7.2); and

Section 7 of P.L.1999, c.403 (C.45:1-7.3).

5. This act shall take effect on the first day of the sixth month following enactment.

STATEMENT

The bill revises the general provisions of Title 45 relating to the reinstatement of suspended or inactive professional and occupational licenses regulated by the Division of Consumer Affairs, the renewal of those licenses, and the reciprocity of those licenses with other states.

The bill creates a streamlined reciprocity process, superseding provisions in individual practice acts, by allowing for quick licensure upon proof of out-of-State licensure from jurisdictions with “substantially equivalent” standards, along with: 1) evidence that the license is in good standing in the other jurisdiction (although the appropriate board is given discretion to grant the license if the licensee is not in good standing due to certain pending actions); 2) a clean criminal history record background check, if required of other applicants; 3) the designation of an agent for service of process if there is no New Jersey residence or office; and 4) a demonstration of prerequisites such as insurance coverage or a surety bond. Reciprocity may only be granted if equal reciprocity is provided to a New Jersey applicant for licensure under the law of that other state.

Under the bill a board would only grant a license, certificate of registration, or certification without examination to an applicant seeking reciprocity who holds a corresponding license, certificate of registration, or certification from another state if equal reciprocity is provided for a New Jersey applicant for licensure under the law of that other state.

The bill sets out, with greater clarity, the process for reactivation of licenses that were affirmatively placed in inactive status and for reinstatement of licenses that expired and were administratively suspended by operation of law. Under the bill, applicants seeking reinstatement of an administratively suspended license will be obligated to pay additional fees—a reinstatement fee and the biennial or triennial renewal fee for the cycle immediately preceding the reinstatement. Thus, the provision recognizes that there is a value to the Division of Consumer Affairs in having licensees submit the renewal and affirmatively elect inactive status, so that its database is current. This bill requires the Division of Consumer Affairs to provide notice that explains inactive renewal and advises the licensee of the option to renew as inactive.

The bill replaces the current statutory provision mandating that all those who were administratively suspended by operation of law for a period of more than five years re-take the initial licensing exam with a provision that allows a board to tailor remediation to address clinical deficiencies or educational needs, either as a condition precedent to restoration or as a requirement to be completed within a specified time frame after reactivation or reinstatement.

The bill aligns the continuing education requirements for reactivating and reinstating applicants. Under the bill, reactivating and reinstating applicants must demonstrate that they have completed the continuing education that would have been required during the biennial or triennial period immediately preceding the renewal. For those practicing out-of-State during the period they were not authorized to practice in New Jersey, proof that they met the continuing education requirement in that state will suffice to meet New Jersey requirements. If the board has adopted specific course requirements, applicants will have 12 months to satisfy those requirements.