A4286

An Act concerning child care centers and supplementing chapter 5B of Title 30 of the Revised Statutes.

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

1. a. As a condition of employment as a staff member of a child care center licensed pursuant to the provisions of P.L.1983, c.492 (C.30:5B-1 et seq.), an applicant for employment shall consent to and undergo drug testing for controlled dangerous substances as provided in subsection f. of this section. The drug testing shall be at the expense of the applicant.

If a person applying for employment at a licensed child care center on or after the effective date of this act tests positive for the unlawful use of any controlled dangerous substance, or refuses to submit to drug testing, the person shall be removed from consideration for employment.

b. A person who is employed as a staff member of a licensed child care center shall be subject to random drug testing for controlled dangerous substances performed at such intervals as the Commissioner of Children and Families deems appropriate.

c. A person who is employed as a staff member of a licensed child care center may be required to undergo drug testing for controlled dangerous substances if the staff member's immediate supervisor has reasonable suspicion to believe that the staff member is illegally using a controlled dangerous substance, based on the staff member's visible impairment or professional misconduct which relates adversely to patient care or safety. The supervisor shall report this information to his immediate supervisor in a form and manner specified by the commissioner, and if the supervisor concurs that there is reasonable suspicion to believe that a staff member is illegally using a controlled dangerous substance, that supervisor shall notify the owner or sponsor of the child care center and request approval in writing for ordering the staff member to undergo drug testing. Drug testing of a staff member shall not be ordered without the written approval of the owner or sponsor of the child care center.

d. A staff member of a licensed child care center who tests positive for the unlawful use of any controlled dangerous as applicable, based on the employee's job title. A staff member who refuses to submit to drug testing shall be terminated from employment. In all cases, however, the employee shall retain any available right of review by the Civil Service Commission.

e. The drug testing required pursuant to subsections b. and c. of this section shall be at the expense of the Department of Children and Families.

f. Drug testing shall be performed by an outside drug testing facility in a manner prescribed by the commissioner.

g. The commissioner shall notify all affected staff members of licensed child care centers of the provisions of this section.

h. As used in this section, "staff member" means a person employed by or working at a licensed child care center on a regularly scheduled basis during the center's operating hours, including full-time, part-time, voluntary, contract, consulting, and substitute staff.

2. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall adopt rules and regulations necessary to effectuate the purposes of this act, including, but not limited to, rules and regulations necessary to ensure the confidentiality of the person undergoing drug testing, and that drug test results are not reported to law enforcement authorities.

3. This act shall take effect on the first day of the ninth month next following enactment, except the commissioner may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill stipulates that as a condition of employment, an applicant for employment as a staff member of a child care center licensed pursuant to the provisions of P.L.1983, c.492 (C.30:5B-1 et seq.) is required to undergo drug testing for controlled dangerous substances. The drug testing would be at the expense of the applicant.

As defined in the bill, “staff member” means a person employed by or working at a licensed child care center on a regularly scheduled basis during the center's operating hours, including full-time, part-time, voluntary, contract, consulting, and substitute staff.

If a person applying for employment as a staff member of a child care center on or after the effective date of the bill tests positive for any controlled dangerous substance, or refuses to submit to drug testing, the person would not be considered for employment.

The bill also stipulates that a staff member of a child care center would be subject to random drug testing for controlled dangerous substances. A staff member could also be required to undergo drug testing for controlled dangerous substances if the staff member's immediate supervisor has reasonable suspicion to believe that the staff member is illegally using a controlled dangerous substance, based on the staff member's visible impairment or professional misconduct which relates adversely to patient care or safety.

The staff member’s supervisor would be required to report this information to his immediate supervisor, and if the supervisor believes there is reasonable suspicion to believe that an employee is illegally using a controlled dangerous substance, that supervisor would notify the owner or sponsor of the child care center and request approval, in writing, for the staff member to undergo drug testing.

Under the bill’s provisions, a staff member of a child care center who tests positive for the unlawful use of any controlled dangerous substance could be referred to employee advisory services, or terminated from employment, as applicable, based on the employee's job title. A staff member who refuses to submit to drug testing would be terminated from employment, and all staff members would retain any available right of review by the Civil Service Commission.

The bill also: requires the Department of Children and Families (DCF) to cover the costs of drug testing of any person who is employed as a staff member of a child care center or if there is reasonable suspicion that the staff member is illegally using a controlled dangerous substance; mandates that drug testing be performed by an outside drug testing facility; stipulates that the Commissioner of DCF notify all affected staff members of child care centers of the provisions of the bill; and directs the commissioner to adopt rules and regulations ensuring the confidentiality of staff members undergoing drug testing and that drug test results are not reported to law enforcement authorities.