ASSEMBLY, No. 5373

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED MAY 8, 2023

 


 

Sponsored by:

Assemblyman  STERLEY S. STANLEY

District 18 (Middlesex)

Assemblywoman  CAROL A. MURPHY

District 7 (Burlington)

Assemblyman  ROBERT J. KARABINCHAK

District 18 (Middlesex)

 

Co-Sponsored by:

Assemblyman Wimberly

 

 

 

 

SYNOPSIS

     Allows certain State professional and occupational licensees to work from remote location under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act authorizing remote work for certain professional licensees under certain circumstances 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.  Notwithstanding the provisions of any law, rule, or regulation to the contrary, and to the extent practicable that a licensee can provide services within the scope of practice of the specific profession or occupation in which the individual is licensed, certified, or registered, a licensee of a professional board specified in section 2 of P.L.1978, c.73 (C.45:1-15), and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation, or an individual licensed or registered pursuant to chapter 11C of Title 17, may work from a remote location, provided the licensee:

     (1)   unless otherwise permitted by the licensee’s professional board or other governing entity, ensures that no in-person customer interactions are conducted at the remote location, and does not designate the remote location to consumers or customers as a business location;

     (2)   maintains appropriate safeguards for licensee and consumer data, information, and records, including the use of secure virtual private networks, where appropriate;

     (3)   employs appropriate risk-based monitoring and oversight processes of work performed from a remote location, and maintains records of the same;

     (4)   ensures consumer information and records are not maintained at a remote location;

     (5)   ensures consumer and licensee information and records remain accessible and available for regulatory oversight and exams; and

     (6)   as appropriate, provides employee training to keep all conversations about, and with, consumers, conducted from a remote location confidential, as if conducted from a commercial location, and to ensure remote licensees work in an environment conducive and appropriate to that privacy.

     b.    As used in this section, “remote location” means the licensee’s home or another location selected by the licensee.

 

     2.    This act shall take effect on the 180th day next following the date of enactment.

 

 

STATEMENT

 

     This bill permits certain State professional and occupational licensees to work from a remote location under certain circumstances.  Only those licensees that are able to provide, from the remote location, services within the scope of practice of the specific profession or occupation in which the individual is licensed, certified, or registered, may be able to work from a remote location.  Under the bill, a “remote location” is defined to mean the licensee’s home or another location selected by the licensee.

     The bill authorizes a licensee to work from home if the licensee:

     (1)   unless otherwise permitted by ensures that no in-person customer interactions are conducted at the remote location, and does not designate the remote location to consumers or customers as a business location;

     (2)   maintains appropriate safeguards for licensee and consumer data, information, and records, including the use of secure virtual private networks, where appropriate;

     (3)   employs appropriate risk-based monitoring and oversight processes of work performed from a remote location, and maintains records of the same;

     (4)   ensures consumer information and records are not maintained at a remote location;

     (5)   ensures consumer and licensee information and records remain accessible and available for regulatory oversight and exams; and

     (6)   as appropriate, provides employee training to keep all conversations about, and with, consumers, conducted from a remote location confidential, as if conducted from a commercial location, and to ensure remote licensees work in an environment conducive and appropriate to that privacy.