reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-15.3 - Issuance of certain professional, occupational licenses to veterans with equivalent training.

45:1-15.3 Issuance of certain professional, occupational licenses to veterans with equivalent training.
1. a. Notwithstanding any other act or regulation to the contrary, a professional or occupational board designated in section 2 of P.L.1978, c.73 (C.45:1-15) that issues a professional or occupational license, certificate of registration, or certification for which professional training, education, or experience is required shall give credit toward its requirements for licensure or certification for training, education, and experience received while serving as a member of the Armed Forces of the United States that is substantially equivalent to the training, education, or experience required for licensure or certification.
b. A professional or occupational board shall issue a license or certification to an applicant who presents evidence to the board that:
(1) the applicant has been honorably discharged from active military service;
(2) the training, education, and experience the applicant received while serving as a member of the Armed Forces of the United States, together with any training, education, and experience obtained outside of the Armed Forces, is substantially equivalent to training, education, or experience required for licensure or certification; and
(3) the applicant complies with all other requirements for licensure, including, without limitation, any requirement for examination.
c. For the purpose of determining substantial equivalence of education, a professional or occupational board shall consider education courses directly relevant to the profession or occupation for which a license or certification is sought that are part of the applicant's military training or service that meet the equivalence standards of the American Council on Education.
d. For the purpose of determining substantial equivalence of experience, a professional or occupational board shall consider whether the experience gained in the military is of a character equivalent to that which would have been gained in the civilian sector doing similar work.
e. A professional or occupational board may require an applicant to provide such documentation of the applicant's training, education, or experience as deemed necessary by the board to determine substantial equivalency. An applicant seeking credit for military training, experience, or both shall submit to the appropriate professional or occupational board the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586.
f. To the extent that an applicant's military training, education, or experience, or a portion thereof, is not deemed substantially equivalent, a professional or occupational board shall credit whatever portion of the military training, education, or experience that is substantially equivalent towards meeting the requirements for the issuance of the license or certificate.
L.2013, c.49, s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-15.4 - Rules, regulations.

45:1-15.4 Rules, regulations.
2. Each professional or occupational board designated in section 2 of P.L.1978, c.73 (C.45:1-15), subject to the provisions of this act, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations necessary to implement this act.
L.2013, c.49, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-15.6 - Charge for professional, occupations license under certain circumstances; prohibited.

45:1-15.6 Charge for professional, occupations license under certain circumstances; prohibited.
2. Notwithstanding the provision of any law, rule, or regulation to the contrary, a professional or occupational board, designated in section 2 of P.L.1978, c.73 (C.45:1-15), that issues a professional or occupational license, certificate of registration, or certification shall not charge a license fee for the issuance of a license to an applicant who holds a driver's license or identification card with a Gold Star Family designation issued pursuant to section 1 of P.L.2013, c.165 (C.39:3-10f6) or section 2 of P.L.1980, c.47 (C.39:3-29.3), respectively.
L.2017, c.175, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-15.7 - Internet to provide secure process for obtaining, renewing professional, occupational licenses, certificates of registration.

45:1-15.7 Internet to provide secure process for obtaining, renewing professional, occupational licenses, certificates of registration.
1. Each professional or occupational board designated in section 2 of P.L.1978, c.73 (C.45:1-15), shall provide on its Internet website a secure process to allow applicants to complete online any application documents, including any fee payments, required to obtain an initial license, certificate of registration, or certification, or renewal of an existing license, certificate of registration, or certification, as the case may be, and to submit electronically all necessary documentation for review and approval of that board.
L.2017, c.298, s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-15.8 - Rules, regulations.

45:1-15.8 Rules, regulations.
2. Each professional or occupational board designated in section 2 of P.L.1978, c.73 (C.45:1-15), pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations necessary to implement this act.
L.2017, c.298, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-15.9 - Issuance of license, certification, registration.

45:1-15.9 Issuance of license, certification, registration.
3. a. Any entity designated in section 2 of P.L.1978, c.73 (C.45:1-15), or any principal department of the Executive Branch of State government or any entity within any department or any other entity hereafter created to license or otherwise regulate a health care profession or occupation shall not issue an initial license, certification or registration, or renew, reinstate or reactivate a license, certification or registration unless the entity has first determined that no criminal history record or record with the National Practitioner Data Bank exists demonstrating that an applicant for a license, certification, or registration in a health care profession or occupation has been convicted of sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14-2, N.J.S.2C:14-3, and N.J.S.2C:14-4 that is of the first, second, third or fourth degree, endangering the welfare of a child pursuant to paragraph (1) of subsection a. of N.J.S.2C:24-4, attempting to lure or entice a child pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6), or equivalent offenses in another jurisdiction.
b. Nothing in this section shall preclude any entity designated in section 2 of P.L.1978, c.73 (C.45:1-15), or any principal department of the Executive Branch of State government or any entity within any department or any other entity hereafter created to license or otherwise regulate a health care profession or occupation from considering criminal convictions for offenses other than those offenses included in subsection a. of this section, pursuant to section 8 of P.L.1978, c.73 (C.45:1-21), or from considering other information provided by the National Practitioner Data Bank or any other source when reviewing the qualifications of an applicant for licensure, certification, or registration.
L. 2021, c.345, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-16 - Definitions

45:1-16. Definitions
As used within this act the following words or terms shall have the indicated definition unless the context clearly indicates otherwise.
"Board" means any professional or occupational licensing board designated in section 2 of this act.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Person" means any natural person or his legal representative, partnership, corporation, company, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestuis que trust thereof.
L.1978, c. 73, s. 3, eff. July 13, 1978.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-18.1 - Findings, declarations relative to unauthorized practice of certain occupations, professions.

45:1-18.1 Findings, declarations relative to unauthorized practice of certain occupations, professions.
1. The Legislature finds and declares that:
a. The regulation of certain professions or occupations through the Director of the Division of Consumer Affairs or the boards or committees within the Division of Consumer Affairs in the Department of Law and Public Safety is necessary to protect the health, safety and welfare of the residents of this State;
b. The unauthorized practice of a regulated profession or occupation inures to the detriment of the public;
c. The professional and occupational licensing boards and committees within the Division of Consumer Affairs in the Department of Law and Public Safety are unable to consistently and effectively prevent and sanction the unauthorized practice of regulated professions and occupations due, in part, to limitations in the investigative and enforcement powers currently afforded to the boards and commissions, and to the applicable procedures available to address these issues; and
d. It is therefore necessary and appropriate to protect the health, safety and welfare of the residents of this State to provide the Director of the Division of Consumer Affairs and the boards and committees within the Division of Consumer Affairs with additional investigative and enforcement powers and enhanced procedures to more effectively deter individuals from engaging in the unauthorized practice of a regulated profession or occupation.
L.2009, c.267, s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-18.2 - Exercise of investigative power.

45:1-18.2 Exercise of investigative power.
2. a. The Director of the Division of Consumer Affairs or any board or committee within the division may exercise its investigative power pursuant to section 5 of P.L.1978, c.73 (C.45:1-18) whenever there is reason to believe that there has been a violation of any applicable law or regulation by a person who:
(1) is not licensed, certified, or otherwise permitted by law or regulation to practice a profession or occupation and who represents to the public by any means, that he is able to practice a profession or occupation regulated under Title 45 of the Revised Statutes; or
(2) has engaged or is engaging in the unauthorized practice of a profession or occupation regulated under Title 45 of the Revised Statutes in violation of any law or regulation administered by the director or a board or committee within the Division of Consumer Affairs.
b. Any person who, following notice and a hearing, has been found to have engaged in the conduct specified in paragraph (1) or (2) of subsection a. of this section shall:
(1) immediately cease and desist from practicing that profession or occupation, as ordered by the director or a board or committee; and
(2) be liable to a penalty of not more than $10,000 for the first offense, and not more than $20,000 for each subsequent offense, to be recovered by the director or the board or committee within the Division of Consumer Affairs.
c. Any proceeding instituted pursuant to this section shall be in addition to any other proceeding authorized by section 10 of P.L.1978, c.73 (C.45:1-23), or by any other law.
L.2009, c.267, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-18.3 - Regulations.

45:1-18.3 Regulations.
3. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act.
L.2009, c.267, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-19 - Failure or refusal to file statement or report, refuse access to premises or failure to obey subpena; penalty

45:1-19. Failure or refusal to file statement or report, refuse access to premises or failure to obey subpena; penalty
If any person shall fail or refuse to file any statement or report or refuse access to premises from which a licensed profession or occupation is conducted in any lawfully conducted investigative matter or fail to obey a subpena issued pursuant to this act, the Attorney General may apply to the Superior Court and obtain an order:
a. Adjudging such person in contempt of court; or
b. Granting such other relief as may be required; or
c. Suspending the license of any such person unless and until compliance with the subpena or investigative demand is effected.
L.1978, c. 73, s. 6, eff. July 13, 1978.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-20 - Compelling testimony or production of book, paper or document; immunity from prosecution

45:1-20. Compelling testimony or production of book, paper or document; immunity from prosecution
If any person shall refuse to testify or produce any book, paper, or other document in any proceeding under this act for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him, convict him of a crime, or subject him to a penalty or forfeiture, and shall, notwithstanding, be directed to testify or to produce such book, paper, or document by the Attorney General, he shall comply with such direction.
A person who is entitled by law to, and does assert such privilege, and who complies with such direction of the Attorney General shall not thereafter be prosecuted or subjected to any penalty or forfeiture in any criminal proceeding which arises out of and relates to the subject matter of the proceeding. No person so testifying shall be exempt from prosecution or punishment for perjury or false swearing committed by him in giving such testimony or from any civil or administrative action arising from such testimony.
L.1978, c. 73, s. 7, eff. July 13, 1978.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-21.1 - Information on DEP application compliance, seminar attendance

45:1-21.1. Information on DEP application compliance, seminar attendance
2. a. A board obtaining information from the Department of Environmental Protection pursuant to section 1 of P.L.1991, c.418 (C.13:1D-110) on the compliance of a member of a regulated profession with the requirements for completed applications of the department, shall annually develop a detailed written summary of the information gathered by the department pursuant to P.L.1991, c.418 (C.13:1D-110) regarding compliance with the department's requirements for completed applications and attendance records for continuing education seminars required to be filed with the department pursuant to section 2 of P.L.1991, c.419 (C.13:1D-117).
b. Any reasonable costs incurred in preparation of the report required pursuant to this section may be included in the charges authorized pursuant to P.L.1974, c.46 (C.45:1-3.2).
c. Information required to be compiled by a board pursuant to this section, shall be deemed to be public records subject to the requirements of P.L.1963, c.73 (C.47:1A-1 et seq.).
L.1991,c.420,s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-21.3 - Violation of the responsibility to make 911 call, forfeiture of license, authorization to practice.

45:1-21.3 Violation of the responsibility to make 911 call, forfeiture of license, authorization to practice.
6. A health care professional licensed or otherwise authorized to practice as a health care professional pursuant to Title 45 of the Revised Statutes who violates the provisions of section 3 of P.L.2003, c.191 (C.30:6D-5.3) shall, in addition to being liable to a civil penalty pursuant to section 4 of P.L.2003, c.191 (C.30:6D-5.4), be subject to revocation of that individual's professional license or other authorization to practice as a health care professional by the appropriate licensing board in the Division of Consumer Affairs in the Department of Law and Public Safety, after appropriate notice and opportunity for a hearing.
L.2003,c.191,s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-21.4 - Certain information relative to address of certain applicants, licensees; nondisclosure.

45:1-21.4 Certain information relative to address of certain applicants, licensees; nondisclosure.
1. Notwithstanding any other law, rule or regulation to the contrary, the director or a board shall not disclose to the public information indicating the place of residence of any applicant for or holder of a license, registration or certification without the consent of the applicant or holder, except for such disclosure to a federal or State regulatory authority or a law enforcement or judicial authority.
L.2007, c.307, s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-21.6 - Data concerning disqualifications, report to Legislature.

45:1-21.6 Data concerning disqualifications, report to Legislature.
3. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, and any entity subject to the requirements of section 2 of P.L.2021, c.81 (C.45:1-21.5), shall obtain data concerning the number of, and reasons for, disqualification by any entity pursuant to section 2 of P.L.2021, c.81 (C.45:1-21.5), and annually submit a report to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), that provides the disqualification data for each entity.
L.2021, c.81, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-23 - Summary proceeding in Superior Court; injunction; orders necessary to prevent unlawful practice or remedy past unlawful activity

45:1-23. Summary proceeding in Superior Court; injunction; orders necessary to prevent unlawful practice or remedy past unlawful activity
Whenever it shall appear to a board, the director or the Attorney General that a violation of any act, including the unlicensed practice of the regulated profession or occupation, or regulation administered by such board has occurred, is occurring, or will occur, the Attorney General, in addition to any other proceeding authorized by law, may seek and obtain in a summary proceeding in the Superior Court an injunction prohibiting such act or practice. In any such proceeding the court may assess a civil penalty in accordance with the provisions of this act, order restoration to any person in interest of any moneys or property, real or personal, acquired by means of an unlawful act or practice and may enter such orders as may be necessary to prevent the performance of an unlawful practice in the future and to fully remedy any past unlawful activity. In any action brought pursuant to this section, the court shall not suspend or revoke any license issued by a board.
L.1978, c. 73, s. 10, eff. July 13, 1978.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-24 - Failure to pay penalties; enforcement

45:1-24. Failure to pay penalties; enforcement
11. Upon the failure of any person to comply within 10 days after service of any order of a board directing payment of penalties or restoration of moneys or property, the Attorney General or the secretary of such board may issue a certificate to the Clerk of the Superior Court that such person is indebted to the State for the payment of such penalty and the moneys or property ordered restored. A copy of such certificate shall be served upon the person against whom the order was entered. Thereupon the clerk shall immediately enter upon his record of docketed judgments the name of the person so indebted and of the State, a designation of the statute under which the penalty is imposed, the amount of the penalty imposed, and amount of moneys ordered restored, a listing of property ordered restored, and the date of the certification. Such entry shall have the same force and effect as the entry of a docketed judgment in the Superior Court, and the Attorney General shall have all rights and remedies of a judgment creditor in addition to exercising any other available remedies. Such entry, however, shall be without prejudice to the right of appeal to the Appellate Division of the Superior Court from the board's order.
An action to enforce the provisions of any order entered by a board or to collect any penalty levied thereby may be brought in any municipal court or the Superior Court in summary manner pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) and the rules of court governing the collection of civil penalties. Process in such action shall be by summons or warrant, and in the event that the defendant fails to answer such action, the court shall issue a warrant for the defendant's arrest for the purpose of bringing such person before the court to satisfy any order entered.
L.1978,c.73,s.11; amended 1991,c.91,s.448.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-26 - Repeal of inconsistent acts and parts of acts

45:1-26. Repeal of inconsistent acts and parts of acts
All acts and parts of acts inconsistent with this act are hereby superseded and repealed.
L.1978, c. 73, s. 13, eff. July 13, 1978.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-27 - Severability

45:1-27. Severability
If any provision of this law or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the law which can be given effect without the invalid provision or application, and to this end the provisions of this law are severable.
L.1978, c. 73, s. 14, eff. July 13, 1978.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-28 - Definitions relative to criminal history background checks for health care professionals.

45:1-28 Definitions relative to criminal history background checks for health care professionals.
1. As used in this act:
"Applicant" means an applicant for the licensure or other authorization to engage in a health care profession.
"Board" means a professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Health care professional" means a health care professional who is 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 one of the following boards or by the Director of the Division of Consumer Affairs: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, 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 Social Work Examiners, the State Board of Veterinary Medical 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, the Certified Psychoanalysts Advisory Committee or the State Board of Polysomnography.
Health care professional shall not include a nurse aide or personal care assistant who is required to undergo a criminal history record background check pursuant to section 2 of P.L.1997, c.100 (C.26:2H-83) or a homemaker-home health aide who is required to undergo a criminal history record background check pursuant to section 7 of P.L.1997, c.100 (C.45:11-24.3).
"Licensee" means an individual who has been issued a license or other authorization to practice a health care profession.
L.2002,c.104,s.1; amended 2005, c.83, s.4; 2005,c.244,s.17.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-29 - Criminal history record background check required for licensure of health care professional.

45:1-29 Criminal history record background check required for licensure of health care professional.
2. a. A professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety or the director who regulates the practice of a health care professional, as applicable, shall not issue an initial license or other authorization to practice a health care profession that is regulated by that board or the director to any applicant therefor unless the board or director, as applicable, first determines, consistent with section 8 of P.L.1978, c.73 (C.45:1-21), that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police, which may disqualify the applicant from being licensed or otherwise authorized to practice as a health care professional.
b. A board or the director, as applicable, shall not renew or, if renewed, shall revoke a license or other authorization to practice a health care profession that is regulated by that board or the director of any applicant therefor unless the board or director determines, consistent with section 8 of P.L.1978, c.73 (C.45:1-21), that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police, which may provide grounds for the refusal to renew the license or other authorization to practice as a health care professional.
The director shall establish, by regulation, a schedule of dates by which the requirements of this subsection shall be implemented, so that all licensees will have been required to submit to a criminal history record background check beginning no later than four years after the effective date of P.L.2005, c.83 (C.45:1-33 et al.).
The director may, in an emergent circumstance, temporarily waive the requirement to undergo a criminal history record background check as a condition of renewal of a license or other authorization to practice a health care profession.
L.2002,c.104,s.2; amended 2005, c.83, s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-30 - Submission of information by applicant or licensee.

45:1-30 Submission of information by applicant or licensee.
3. a. An applicant or licensee who is required to undergo a criminal history record background check pursuant to section 2 of P.L.2002, c.104 (C.45:1-29) shall submit to the director that individual's name, address and fingerprints taken on standard fingerprint cards, or through any equivalent means, by a State or municipal law enforcement agency or by a private entity under contract with the State. The director is authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required pursuant to this act.
b. Upon receipt of the criminal history record information for an applicant or licensee from the Federal Bureau of Investigation or the Division of State Police, the director shall immediately notify the board, as applicable.
c. If an applicant refuses to consent to, or cooperate in, the securing of a criminal history record background check, the board or director, as applicable, shall not issue a license or other authorization to practice a health care profession to the applicant and shall notify the applicant of that denial.
d. If a licensee refuses to consent to, or cooperate in, the securing of a criminal history record background check as required during the licensure or other authorization renewal process, the board or director, as applicable, shall refuse to renew the license or other authorization of the licensee, without a hearing, and shall notify the licensee of that denial.
e. A licensee who:
(1) has permitted a license or other authorization to lapse or whose license or other authorization has been suspended, revoked or otherwise has had licensure or other authorization privileges restricted, and
(2) has not already submitted to a criminal history record background check,
shall be required to submit fingerprints as part of the licensure or other authorization reinstatement process. If a reinstatement applicant refuses to consent to, or cooperate in, the securing of a criminal history record background check as required during the reinstatement process, the board or director, as applicable, shall automatically deny reinstatement of the license or other authorization, without a hearing, and shall notify the licensee of that denial.
L.2002,c.104,s.3; amended 2005, c.83, s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-31 - Applicant or licensee to assume cost.

45:1-31 Applicant or licensee to assume cost.
4. An applicant or licensee shall be required to assume the cost of the criminal history record background check conducted pursuant to sections 1 through 3 of P.L.2002, c.104 (C.45:1-28 through 45:1-30) and section 14 of P.L.1997, c.100 (C.53:1-20.9a), in accordance with procedures determined by regulation of the director.
L.2002,c.104,s.4; amended 2005, c.83, s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-32 - Rules, regulations

45:1-32. Rules, regulations
6. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
L.2002,c.104,s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-32.1 - Health care professional licensing boards, use of National Practitioner Data Bank.

45:1-32.1 Health care professional licensing boards, use of National Practitioner Data Bank.
1. a. A professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety that regulates the practice of a health care professional shall:
(1) not issue an initial license or other authorization to practice a health care profession that is regulated by that board to any applicant therefor unless the board first determines that no information exists on file in the National Practitioner Data Bank which may disqualify the applicant from being licensed or otherwise authorized to practice as a health care professional; and
(2) utilize the continuous query function of the National Practitioner Data Bank for each person issued a license or authorization to practice as a health care professional.
b. A board shall not issue or renew or, if renewed, shall revoke or suspend a license or other authorization to practice a health care profession that is regulated by that board of any applicant therefor or person issued a license or authorization to practice a health care profession if, consistent with section 8 of P.L.1978, c.73 (C.45:1-21), the board determines there is cause to refuse to issue or suspend or revoke any license or authorization of a health care professional as the result of information obtained through use of the National Practitioner Data Bank consistent with the provisions of this act.
c. As used in this section, "National Practitioner Data Bank" means the database established pursuant to 45 C.F.R. s.60.1, and maintained by the United States Department of Health and Human Services.
L. 2021, c.335.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-34 - Definitions relative to healthcare professionals.

45:1-34 Definitions relative to healthcare professionals.
9. As used in sections 9 through 14 and 16 and 17 of P.L.2005, c.83 (C.45:1-34 through C.45:1-39 and C.26:2H-12.2d and C.45:1-40):
"Board" means a professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety which licenses or otherwise authorizes a health care professional to practice a health care profession.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety;
"Health care entity" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), a health maintenance organization authorized to operate pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.), a carrier which offers a managed care plan regulated pursuant to P.L.1997, c.192 (C.26:2S-1 et seq.), a State or county psychiatric hospital, a State developmental center, a staffing registry, and a home care services agency as defined in section 1 of P.L.1947, c.262 (C.45:11-23).
"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 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 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 Social Work Examiners, the State Board of Veterinary Medical 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.
"Licensee" means an individual who has been issued a license or other authorization to practice a health care profession.
"Review panel" means the Medical Practitioner Review Panel established pursuant to section 8 of P.L.1989, c.300 (C.45:9-19.8).
L.2005,c.83,s.9.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-35 - Immunity from civil liability.

45:1-35 Immunity from civil liability.
10. A health care entity, health care professional or any other person who provides to the division, a board or the review panel, in good faith and without malice, any information concerning an act by a health care professional which the person has reasonable cause to believe involves misconduct that may be subject to disciplinary action by the division, board or review panel, as applicable, or any information relating to such conduct requested by the division, board or review panel in the exercise of its statutory responsibilities or which may be required by statute, shall not be liable for civil damages in any cause of action arising out of the provision of such information or services.
L.2005,c.83,s.10.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-36 - Confidentiality of information.

45:1-36 Confidentiality of information.
11. Any information provided to the division or a board concerning the conduct of a health care professional, pursuant to section 2 of P.L.2005, c.83 (C.26:2H-12.2b), section 5 of P.L.1978, c.73 (C.45:1-18) or any other provision of law, shall be treated as confidential pending final disposition of the inquiry or investigation, except for that information required to be shared with the Attorney General, Department of Health and Senior Services or any other government agency.
If the result of the inquiry or investigation is a finding of no basis for disciplinary action, the information shall remain confidential, except that the board or division, as applicable, may release the information to a government agency to facilitate the discharge of its public responsibilities.
The provisions of this section shall not apply to information that the division, or its designated agent, is required to include in a physician's profile pursuant to P.L.2003, c.96 (C.45:9-22.21 et seq.).
L.2005,c.83,s.11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-37 - Notification to division of impairment of health care professional.

45:1-37 Notification to division of impairment of health care professional.
12. a. A health care professional shall promptly notify the division if that health care professional is in possession of information which reasonably indicates that another health care professional has demonstrated an impairment, gross incompetence or unprofessional conduct which would present an imminent danger to an individual patient or to the public health, safety or welfare. A health care professional who fails to so notify the division is subject to disciplinary action and civil penalties pursuant to sections 8, 9 and 12 of P.L.1978, c.73 (C.45:1-21, 45:1-22 and 45:1-25).
b. A health care professional shall be deemed to have satisfied the reporting requirement concerning another health care professional's impairment by promptly providing notice to the division, the board or a professional assistance or intervention program approved or designated by the division or a board to provide confidential oversight of the licensee.
c. (1)There shall be no private right of action against a health care professional for failure to comply with the notification requirements of this section.
(2) There shall be no private right of action against a health care entity if a health care professional who is employed by, under contract to render professional services to, or has privileges granted by, that health care entity, or who provides such services pursuant to an agreement with a health care services firm or staffing registry, fails to comply with the notification requirements of this section.
d. A health care professional who provides notification to the division, board or review panel, in good faith and without malice, about a health care professional who is impaired or grossly incompetent or who has demonstrated unprofessional conduct, pursuant to this section, is not liable for civil damages to any person in any cause of action arising out of the notification.
e. Notwithstanding the provisions of this section to the contrary, a health care professional is not required to provide notification pursuant to this section about an impaired or incompetent health care professional if the health care professional's knowledge of the other health care professional's impairment or incompetence was obtained as a result of rendering treatment to that health care professional.
L.2005,c.83,s.12.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-38 - Notification to board relative to impairment, misconduct of health care professional.

45:1-38 Notification to board relative to impairment, misconduct of health care professional.
13. a. Upon receipt of notice from a health care entity, or any employee thereof, pursuant to section 2 of P.L.2005,c.83 (C.26:2H-12.2b), notice from a health care professional pursuant to section 12 of P.L.2005, c.83 (C.45:1-37) or information concerning the conduct of a health care professional pursuant to section 10 of P.L.2005, c.83 (C.45:1-35), the division shall promptly notify the board that issued the license or other authorization to practice to the person to whom the notice relates.
The division or board, as applicable, shall initiate an investigation concerning the information received and obtain any additional information that may be necessary in order to determine if disciplinary charges should be pursued or if an application to temporarily suspend or otherwise limit the health care professional's license or other authorization to practice should be initiated.
b. The division or the board may seek the assistance of a consultant or other knowledgeable person in evaluating the information and may request the board or the Attorney General to exercise investigative powers pursuant to section 5 of P.L.1978, c.73 (C.45:1-18) in the conduct of its investigation.
c. If the Attorney General files charges based on information derived from the notice from a health care entity or if the board revokes or permanently or temporarily suspends or otherwise limits the license or other authorization to practice of a health care professional, the board shall notify each health care entity with which the health care professional is affiliated.
L.2005,c.83,s.13.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-39 - Fraud, misrepresentation, deception; disciplinary proceedings.

45:1-39 Fraud, misrepresentation, deception; disciplinary proceedings.
14. Any health care professional seeking to become employed by, enter into a contract to render professional services to, or obtain privileges at, a health care entity, or provide professional services pursuant to an agreement with a health care services firm or staffing registry, who engages in fraud, misrepresentation or deception in the application or credentialing process shall be subject to disciplinary proceedings, pursuant to section 8 of P.L.1978, c.73 (C.45:1-21).
L.2005,c.83,s.14.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-40 - Health Care Professional Information Clearinghouse Coordinator.

45:1-40 Health Care Professional Information Clearinghouse Coordinator.
17. a. The Division of Consumer Affairs in the Department of Law and Public Safety shall employ a full-time Health Care Professional Information Clearinghouse Coordinator to assist the Director of the Division of Consumer Affairs in compiling and disseminating to the appropriate licensing board or other applicable entity the information reported to the division by health care entities and professionals pursuant to this act and such other information as specified by the director.
b. The director shall provide that the professional and occupational licensing boards which license or otherwise authorize a health care professional to practice a health care profession with professional and administrative staff as may be needed to carry out the purposes of this act.
L.2005,c.83,s.17.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-41 - Rules, regulations.

45:1-41 Rules, regulations.
19. a. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety 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 act.
b. The Commissioner of Health and Senior Services 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 act.
L.2005,c.83,s.19.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-42 - Definitions relative to establishment of alternate testing dates for certain license applicants.

45:1-42 Definitions relative to establishment of alternate testing dates for certain license applicants.
1. As used in this act:
"Applicant" means an individual to whom a licensing examination is administered.
"Affected applicant" means an applicant for whom a day of religious observance falls on the day or portion thereof that a licensing examination is administered.
"Day of religious observance" means any day or portion thereof on which a religious observance imposes a substantial burden on any applicant's ability to participate in a licensing examination, or any particular day or days or any portion thereof which any individual observes as a Sabbath or other holy day or days in accordance with the requirements of his religion.
"Licensing examination" means any test or examination that is given and used to determine whether an applicant is qualified for licensure, registration or certification by a professional or occupational board or the director, pursuant to Title 45 of the Revised Statutes.
L.2007,c.215,s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-43 - Offering of alternate testing dates for examination.

45:1-43 Offering of alternate testing dates for examination.
2. When any licensing examination is administered on a day of religious observance, a special administration of that licensing examination or an equivalent examination shall be offered to any affected applicant as soon after or before as is possible, at a comparable time, place and cost, provided that in no circumstances shall the special administration be more than 30 days before or after the regular test administration.
L.2007,c.215,s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-43.1 - Report of passage and failure rates of examinations for licensure.

45:1-43.1 Report of passage and failure rates of examinations for licensure.
1. Any professional or occupational board, agency, or committee located in the Division of Consumer Affairs in the Department of Law and Public Safety or in the Department of Environmental Protection that administers examinations that determine, or that are otherwise related to, licensure in that profession or occupation shall report annually to the Legislature the passage and failure rates, as well as any additional information relevant to interpreting examination results, for each examination the board, agency, or committee administers.
L.2017, c.348, s.1.