A2889

An Act concerning the licensure of certain nurses and supplementing Title 45 of the Revised Statutes.

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

1. a. As used in this section:

“Another jurisdiction” means a state or territory of the United States other than New Jersey, or the District of Columbia.

“Board” means the New Jersey Board of Nursing.

“Nonresident military spouse” means a nonresident of this State who is the spouse of an active duty member of the Armed Forces of the United States who has been transferred to this State in the course of the member’s service, is legally domiciled in this State, or has moved to this State on a permanent change-of-station basis.

b. Notwithstanding the provisions of any other law or regulation to the contrary, the board shall establish criteria for the issuance of a temporary courtesy license to practice nursing to a nonresident military spouse so that the nonresident military spouse may lawfully practice nursing in this State on a temporary basis, subject to the requirements of subsection c. of this section.

c. A nonresident military spouse who applies for a temporary courtesy license pursuant to subsection b. of this section shall be entitled to receive such a license if that person:

(1) holds a current license to practice nursing in another jurisdiction that the board determines has licensure requirements to practice nursing that are equivalent to those adopted by the board;

(2) was engaged in the active practice of nursing in another jurisdiction for at least two of the five years immediately preceding the date of application for the temporary courtesy license, for which purpose relevant full-time experience in the discharge of official duties in the Armed Forces of the United States or an agency of the federal government shall be credited in the counting of years of service;

(3) has not committed an act in another jurisdiction that would have constituted grounds for the denial, suspension, or revocation of a license to practice nursing in this State;

(4) has not been disciplined, and is not the subject of an investigation of an unresolved complaint, or a review procedure or disciplinary proceeding, which was conducted by, or is pending before, a professional or occupational licensing or credentialing entity in another jurisdiction;

(5) pays for, and authorizes the board to conduct, a criminal history record background check of that person pursuant to P.L.2002, c.104 (C.45:1-28 et seq.);

(6) pays such fee as the board reasonably requires for the issuance of the temporary courtesy license; and

(7) complies with such other requirements as the board may reasonably determine necessary to effectuate the purposes of this section.

d. A temporary courtesy license issued pursuant to this section shall be valid for a period of six months and may be extended at the discretion of the board for an additional six months upon application of the holder of the temporary courtesy license.

e. The board shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to carry out the purposes of this section, except that, notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board may adopt, immediately upon filing with the Office of Administrative Law, such regulations as the board deems necessary to implement the provisions of this section, which shall be effective for a period not to exceed six months and may thereafter be amended, adopted, or re-adopted by the board in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).

2. This act shall take effect immediately.

STATEMENT

This bill provides for temporary nurse licensure for qualified nonresident military spouses in New Jersey.

The bill defines “nonresident military spouse” to mean a nonresident of this State who is the spouse of an active duty member of the Armed Forces of the United States who has been transferred to this State in the course of the member’s service, is legally domiciled in this State, or has moved to this State on a permanent change-of-station basis.

The bill directs the New Jersey Board of Nursing (board) to establish criteria for the issuance of a temporary courtesy license to practice nursing to a nonresident military spouse so that the nonresident military spouse may lawfully practice nursing in this State on a temporary basis, subject to the requirements of the bill.

A nonresident military spouse who applies for a temporary courtesy license pursuant to the bill is entitled to receive such a license if that person:

· holds a current license to practice nursing in another jurisdiction (a state or territory of the United States other than New Jersey, or the District of Columbia) that the board determines has licensure requirements to practice nursing that are equivalent to those adopted by the board;

· was engaged in the active practice of nursing in another jurisdiction for at least two of the five years immediately preceding the date of application for the temporary courtesy license, for which purpose relevant full-time experience in the discharge of official duties in the Armed Forces of the United States or an agency of the federal government is to be credited in the counting of years of service;

· has not committed an act in another jurisdiction that would have constituted grounds for the denial, suspension, or revocation of a license to practice nursing in this State;

· has not been disciplined, and is not the subject of an investigation of an unresolved complaint, or a review procedure or disciplinary proceeding, which was conducted by, or is pending before, a professional or occupational licensing or credentialing entity in another jurisdiction;

· pays for, and authorizes the board to conduct, a criminal history record background check of that person;

· pays such fee as the board reasonably requires for the issuance of the temporary courtesy license; and

· complies with such other requirements as the board may reasonably determine necessary to effectuate the purposes of the bill.

A temporary courtesy license issued pursuant to the bill is to be valid for a period of six months and may be extended at the discretion of the board for an additional six months upon application of the holder of the temporary courtesy license.

The bill provides the board with expedited rulemaking authority in order to implement its provisions as soon as practicable.

This bill is consistent with the legislative efforts being made in other states across the nation to make it easier for qualified military spouses to maintain their professional nursing licenses and pursue nursing employment options as they move from one jurisdiction to another across the United States. At the same time, the bill provides an opportunity for New Jersey to add qualified personnel to the nursing workforce in this State in order to help meet the anticipated increased demand for nursing services for an aging population.