A5594

An Act concerning health care professionals and supplementing Title 45 of the Revised Statutes.

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

1. The Legislature finds and declares that:

a. The 2023 Vital Signs report from the federal Centers for Disease Control describes a healthcare workforce in crisis, with more days of poor mental health than any other workforce and increasing levels of burnout. Concrete action must be taken to support our healthcare workforce, who are critical to a healthy, productive state.

b. The Federation of State Medical Boards, the American Medical Association, the American Hospital Association, the American Psychiatric Association, and the National Institute for Occupational Safety and Health recommend against overly broad and invasive mental health questions on State healthcare worker licensing applications. Such questions on licensing applications for healthcare workers are shown to be ineffective at protecting the public and may violate the federal Americans with Disabilities Act. Moreover, these disclosures result in a pervasive and well-documented stigma that prevents clinicians from seeking mental health care.

c. In recognition of the barriers that these questions pose to a healthy and high-performing healthcare workforce, the majority of states have adopted language on their medical licensing applications that eliminates stigmatizing and invasive language.

d. Best practices exist for the recommended language change and technical advice on language changes is available through nationally operating non-profit organizations such as the Dr. Lorna Breen Heroes’ Foundation, limiting the regulatory burden on licensing boards who change to be consistent with best practices. Other states have changed State licensing language by State law, such as Virginia’s HB 1573. This bill is intended to remove invasive and stigmatizing language from New Jersey’s healthcare licensing applications and promote mental health care for our healthcare workforce.

2. As used in this act:

“Applicant” refers to any individual applying for licensure or renewal as a licensed health care professional in the State of New Jersey.

“Behavioral health” refers to a mental health condition or substance use disorder, and other related disorders and conditions.

“Behavioral health care” refers to the prevention, diagnosis, and treatment of mental health conditions, substance use disorders, and other related disorders or conditions.

“Licensed health care professional” means a person licensed or otherwise authorized pursuant to Title 45 or Title 52 of the Revised Statutes to practice a health care profession that is regulated by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety or by one of the following boards: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the Physician Assistant Advisory Committee, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy, the State Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family Therapy Examiners, the Occupational Therapy Advisory Council, and the Certified Psychoanalysts Advisory Committee.

3. a. During the licensing or license renewal process, no State board or agency shall inquire into an applicant’s history of receiving behavioral health care, except when inquiring about a behavioral health condition that impairs the applicant’s ability to practice health care safely pursuant to subsection c. of this section.

b. A State board or agency shall limit any questions on any licensing or license renewal forms concerning the applicant’s behavioral health to inquiries about current impairments affecting the ability to perform the essential functions of the professional role with reasonable skill and safety.

c. A State board or agency may inquire whether an applicant has a current health condition, including a behavioral health condition, that impairs the applicant’s ability to practice health care safely.

d. Any inquiry made pursuant to subsection c. of this section shall include assurances that the applicant will not face board or agency action if the applicant is receiving treatment for a behavioral health care condition and not currently impaired. Any inquiry responses related to past or current behavioral health care provided to an applicant shall remain confidential and, if there is no impairment to the applicant’s ability to practice safely, such responses shall not be used as the sole basis for denial of licensure or license renewal or imposition of a requirement by the board or agency that the applicant participate in a treatment program as a condition of licensure.

4. The Department of Health, in collaboration with the Division of Consumer Affairs in the Department of Law and Public Safety, shall provide training to the members of each State licensing board and agency and the board and agency’s staff on how to handle behavioral health disclosures in a non-stigmatizing manner. Such training shall include education on the importance of behavioral health care and the barriers that stigma creates in accessing care.

5. This act shall take effect on the 90th day after the date of enactment.

STATEMENT

This bill establishes certain protections for health care professionals who receive behavioral health care and are seeking State licensure as health care professionals. This bill is intended to encourage healthcare professionals to seek behavioral health care without fear of licensing repercussions. The bill aims to strike a balance between ensuring patient safety and encouraging healthcare professionals to seek behavioral health treatment.

Under the bill, no State board or agency that licenses health care professionals in the State is permitted to inquire into an applicant’s history of receiving behavioral health care during the licensing or license renewal process, except when inquiring about a behavioral health condition that impairs the applicant’s ability to practice health care safely. A State board or agency will limit any questions on any licensing or license renewal forms concerning the applicant’s behavioral health to inquiries about current impairments affecting the applicant’s ability to perform the essential functions of the professional role with reasonable skill and safety.

A State board or agency may inquire whether an applicant has a current health condition, including a behavioral health condition that impairs the applicant’s ability to practice health care safely. Such inquiry must include assurances that the applicant will not face board or agency action if the applicant is receiving treatment for a behavioral health care condition and not currently impaired. Any inquiry responses related to past or current behavioral health care provided to an applicant will remain confidential and, if there is no impairment to the applicant’s ability to practice safely, such responses will not be used as the sole basis for denial of licensure or license renewal or imposition of a requirement by the board or agency that the applicant participate in a treatment program as a condition of licensure.

The bill requires the Division of Consumer Affairs in the Department of Law and Public Safety, in collaboration with the Department of Health, to provide training to each State licensing board and agency and the board and agency’s staff on how to handle behavioral health disclosures in a non-stigmatizing manner.