reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 1 - GENERAL PROVISIONS › Section 8:43I-1.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter sets
				forth the procedure by which persons seeking certification as a nurse aide, personal
				care assistant and/or certified assisted living administrator obtain the criminal
				background check mandated by law. The chapter also sets forth the procedure that
				currently certified nurse aides, personal care assistants and assisted living
				administrators must complete in order to renew their respective certifications for
				another two-year period.
(b) This
				chapter provides for conditional certification for prospective nurse aides, personal
				care assistants and assisted living administrators.
(c) This chapter provides for a fair hearing
				process, in compliance with the Administrative Procedures Act,
				52:14B-1 et seq., for those individuals
				who are denied a determination of rehabilitation after the submission of clear and
				convincing evidence attesting to rehabilitation as defined by this
				chapter.
(d) The Criminal Investigation
				Unit of the Department is authorized and empowered to perform all duties consistent
				with this chapter and
				26:2H-83 through 87 and 26:2H-7.17
				through 7.21.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 1 - GENERAL PROVISIONS › Section 8:43I-1.3 - Obtaining materials

Current through Register Vol. 56, No. 14, July 15, 2024
All materials, applications and forms referenced in this chapter
				  may be obtained without payment of any fee by submitting a request in writing
				  to:
Criminal Investigation Unit
PO Box 359
Trenton, NJ 08625-0359
Requests are accepted by fax at (609) 341-3552. Requests are
				  accepted by e-mail at ltc@doh.state.nj.us (please include the phrase "CBI" in the
				  subject line).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 1 - GENERAL PROVISIONS › Section 8:43I-1.4 - Submission of social security numbers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to the
				Privacy Act of 1974 (U.S. P.L. 93-579 ), notice is hereby given that the submission
				of social security numbers is mandatory, as required by N.J.S.A. 2A:17-56.4 4(e) and
				as authorized by
				42
				U.S.C. §
										666. Nurse aide, personal care
				assistant and assisted living administrator certifications are "occupational
				licenses" as defined by N.J.S.A. 2A:17-56.5 2, and submission of social security
				numbers is mandated by law. Social security numbers will be utilized only for the
				purposes of:
1. Establishing a unique identifying
				number for applicants and certified personnel;
2. Coordinating the criminal history information
				in the required criminal history registry and the various licensing and
				certification databases in which the person holds a license or certification;
				and
3. Complying with the provisions of
				the child support enforcement laws,
				2A:17-56.8 et seq.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 2 - NURSE AIDES › Section 8:43I-2.1 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for
				certification as a nurse aide shall complete and submit an application/affidavit on
				a form provided by the Department which shall contain:
1. Personal demographic information containing the
				applicant's name, mailing address, date of birth, social security number, sex,
				telephone number and either:
i. The name of the
				applicant's employer if the applicant is employed by a health care facility
				performing duties as a nurse aide or in a related position; or
ii. The name of the person's NATCEP;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 2 - NURSE AIDES › Section 8:43I-2.2 - Fingerprint processing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for
				certification and each person seeking to renew their certification shall submit to a
				fingerprinting process. Each person shall comply with the procedures established by
				the Division of State Police pursuant to N.J.A.C. 13:59 for obtaining readable
				fingerprint impressions.
(b) Each person
				required by this subchapter to submit to the fingerprinting process shall be
				provided with a form which will permit the applicant to obtain the fingerprinting
				services without prepayment of a fee. These forms are restricted to use by nurse
				aide applicants and certified nurse aides seeking to renew their
				certificates.
(c) The Department may
				utilize an archived image of fingerprints previously submitted for certification as
				a nurse aide in lieu of the candidate reporting to a fingerprint site. Individuals
				seeking to renew their certificate are deemed to consent to a retransmission of
				their fingerprint images, as required by
				26:2H-83 et seq.
(d) No certificate shall be issued, no conditional
				certification granted or certification renewed unless the person has complied with
				the provisions of this subchapter, including, but not limited to,
				8:43I-2.1 and 2.2.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 2 - NURSE AIDES › Section 8:43I-2.3 - Disqualification of applicants and persons seeking to renew certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall be
				disqualified from certification or renewing their certification as a nurse aide if
				they have been convicted of any of the following crimes and offenses, unless the
				person has demonstrated rehabilitation in accordance with
				8:43I-2.4:
1. In New Jersey, any crime or disorderly persons
				offense:
i. Involving danger to the person, meaning
				those crimes and disorderly persons offenses set forth in
				2C:11-1 et seq., 2C:12-1 et seq.,
				2C:13-1 et seq., 2C:14-1 et seq., or 2C:15-1 et seq.;
ii. Against the family, children or incompetents,
				meaning those crimes and disorderly persons offenses set forth in
				2C:24-1 et seq.;
iii. Involving theft as set forth in
				2C:20-1 et seq.; or
iv. Involving any controlled dangerous substance
				or controlled dangerous substance analog as set forth in
				2C:35-1 et seq., but not including
				those offenses defined at
				2C:35-10(a)4 
				(possession of less than 50 grams of marijuana and possession of less than five
				grams of hashish).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 2 - NURSE AIDES › Section 8:43I-2.4 - Requests for a determination of rehabilitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any applicant or
				currently certified nurse aide convicted of a disqualifying offense listed at
				8:43I-2.3(a)  may
				request that the Department issue a determination of rehabilitation which would
				permit the person to obtain or retain certification as a nurse aide. The standard
				for the issuance of a determination of rehabilitation is that the person
				affirmatively demonstrates rehabilitation by the production of clear and convincing
				evidence. The Department must weigh the following factors when evaluating a request
				for a determination of rehabilitation, which must be clearly documented by the
				applicant or nurse aide:
1. The nature and
				responsibilities of the position which the applicant or certified nurse aide would
				hold, has held or currently holds, as the case may be;
2. The nature and seriousness of the
				offense(s);
3. The circumstances under
				which the offense occurred;
4. The date
				of the offense;
5. The age of the person
				at the time of the offense;
6. Whether
				the offense was an isolated or repeated incident;
7. Any social conditions which may have
				contributed to the offense; and
8. Any
				evidence of rehabilitation, including good conduct in prison or in the community,
				counseling or psychiatric treatment received, acquisition of additional academic or
				vocational schooling, successful participation in correctional work-release
				programs, or the recommendation of those who have had the applicant or nurse aide
				under their supervision.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 2 - NURSE AIDES › Section 8:43I-2.5 - Conditional certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for
				certification as a nurse aide may be issued a conditional certification and may be
				employed in the capacity of a nurse aide for a period of up to 120 days, as follows:
1. The Department will issue a conditional
				certification to the applicant for a period not to exceed 120 days if the
				application demonstrates that the candidate has provided a sworn statement
				indicating that her or she has not been convicted of any of the offenses listed at
				8:43I-2.3, and has not been placed on
				the Department's Nurse Aide Abuse Registry pursuant to
				8:39-43.7(b).
2. All conditional certification documents issued
				by the Department shall bear the issue and expiration date, and are
				non-renewable.
3. Nothing in this
				chapter shall be construed as to permit an individual with a conditional
				certification authority to perform those duties of a nurse aide for which the
				applicant has not yet been trained or authorized to perform.
4. Nothing in this chapter shall be construed as
				to permit an individual to remain employed as a nurse aide for more than 120 days
				prior to successfully completing a NATCEP and passing the State skills and written
				or oral exam as required by
				42 U.S.C. §§
											1396r(b)5 or
				1395I-3(b)5.
5. If a conditionally certified applicant is
				disqualified from certification, the Department shall issue a notice to the
				applicant and employer, if known. The notice to the employer shall state that the
				applicant is disqualified, but shall not disclose the offenses upon which the
				disqualification is based.
i. Upon receipt of the
				notice, the employer shall immediately remove the person from duties which require
				regular contact with patients, residents or clients. The person shall not have
				unsupervised contact with any patient, resident or client, nor shall the property of
				those persons be entrusted to any disqualified applicant.
ii. If the employer receives notice from the
				Department that the applicant has filed for a hearing to contest the accuracy of
				their criminal history record background investigation, the person may remain
				employed pending a final decision on the person's petition, but the employer shall
				not permit the person to have unsupervised contact with elderly patients, residents
				or clients.
iii. The Department will
				notify the employer of any requests for hearings, and the results of any hearings,
				within five days of receipt of such request or disposition.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 2 - NURSE AIDES › Section 8:43I-2.6 - Convictions occurring after initial criminal record history background check clearance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will
				be notified by the New Jersey State Police of convictions occurring after the
				applicant is initially qualified pursuant to this chapter, in accordance a system
				developed under the authority of
				26:2H-83(a).
(b) Once the Department has learned that a person
				has been convicted of a disqualifying offense, the Department will issue a notice of
				disqualification to the person and employer. The notice to the employer will state
				that the person has been disqualified, but shall not list the offenses resulting in
				disqualification.
1. The person disqualified from
				certification shall be immediately terminated from employment as a nurse aide, and
				his or her certificate shall be deemed revoked.
2. The employer shall report to the Department, in
				writing, that the employee has been terminated from employment as a nurse aide and
				the effective date of termination.
3.
				The person disqualified shall have 30 days from the date of termination of their
				position as a nurse aide to petition the Department for a hearing on the accuracy of
				the criminal history record background check, or to show cause why the conviction
				should not result in the revocation of their certificate. The person's employer
				shall be notified of any petition received by the Department.
i. Any petition challenging the accuracy of a
				criminal history shall be forwarded to the Office of Administrative Law as a
				contested case pursuant to
				52:14B-1 et seq.
ii. Petitions seeking to establish cause not to
				revoke the certification of the nurse aide shall be processed by the Criminal
				Investigation Unit, which shall make an investigation into the circumstances
				surrounding the conviction, together with any of the criteria for rehabilitation
				listed at 8:43I-2.4. If relief is not granted
				based upon this investigation, the petitioner shall have the right to a hearing on
				the denial in the Office of Administrative Law pursuant to
				52:14B-1 et seq.
iii. In all cases, the Department shall notify the
				person and the person's employer, if known, as to the outcome of the petition. The
				notification shall state whether the person is to be reinstated or if the person's
				termination and revocation stands.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 2 - NURSE AIDES › Section 8:43I-2.7 - Right to hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons disqualified
				from certification due to a false sworn statement and application as required by
				8:43I-2.1(a)  shall be
				granted a hearing only if they are contesting the accuracy of the criminal history
				record background check. No person so disqualified shall be permitted to establish
				rehabilitation, nor shall a hearing be granted to provide for an evaluation of
				rehabilitation pursuant to
				26:2H-84(d).
(b) Persons disqualified from certification for
				failure to establish rehabilitation shall be entitled to a hearing challenging the
				accuracy of the criminal history record background check, the denial of a
				determination of rehabilitation, or both.
(c) All hearings authorized by this chapter shall
				be held by and under the rules of the Office of Administrative Law, N.J.A.C. 1:1,
				pursuant to 52:14B-1 et seq.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 2 - NURSE AIDES › Section 8:43I-2.8 - Penalty for false sworn statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who
				submits a false sworn statement pursuant to
				8:43I-2.1(a)  shall be
				disqualified from certification as a nurse aide in New Jersey, and may be assessed a
				fine of not more than $ 1,000, or both.
(b) Any person disqualified pursuant to (a) above
				shall be ineligible to submit an application for certification or to receive
				criminal history record background check clearance for a period of two years from
				the date of the disqualification notice. Acceptance of a new application is
				conditioned upon payment of any outstanding fine balance and the completion of a new
				and truthful sworn statement and fingerprint impressions as required by
				8:43I-2.1 and 2.2.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 2 - NURSE AIDES › Section 8:43I-2.9 - Full certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A conditionally
				certified nurse aide will be granted full, unrestricted certification, upon:
1. Completion of a NATCEP and passing the State
				skills and written or oral exam as required by N.J.A.C. 8:39-43; and
2. Receipt by the Department of the fingerprint
				supported criminal history record background check from both the Division of State
				Police and the Federal Bureau of Investigation indicating that either:
i. The person has no disqualifying convictions;
				or
ii. The person has disqualifying
				convictions, but the Department has issued a determination of rehabilitation in
				accordance with 8:43I-2.4.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 2 - NURSE AIDES › Section 8:43I-2.10 - Extension of time for persons renewing certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may
				issue an extension of time for individuals seeking to renew their certification as a
				nurse aide. Extension will be issued when, for circumstances not within the control
				of the nurse aide, processing times will not permit the Department to complete the
				background checks prior to the expiration date of their current certification. The
				candidate must complete a fingerprint appointment prior to the expiration date of
				the current certificate. Extension requests are processed by the employer to the
				Department. Extension requests must be on facility stationery and contain the name
				of the employer, the name of the nurse aide, the nurse aide's social security
				number, current certification expiration date, and certification number.
(b) Extensions are valid for 120 days, and are
				deemed revoked if the nurse aide is disqualified from certification in accordance
				with this chapter.
(c) Each employer
				shall retain a copy of the extension authorization on file to prove current
				certification status of the nurse aide.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 2 - NURSE AIDES › Section 8:43I-2.11 - Suspension of criminal history record background checks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will
				suspend the criminal history record background check on any individual who:
1. Has an outstanding arrest warrant in any
				jurisdiction;
2. Has a pending criminal
				case that could result in conviction of a disqualifying offense; or
3. Is the subject of a criminal investigation
				being conducted by the Department; or
4.
				Has terminated their employment as a conditionally certified nurse aide or has
				withdrawn or been dropped from an approved NATCEP.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 3 - PERSONAL CARE ASSISTANTS › Section 8:43I-3.1 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for
				certification as a personal care assistant shall complete and submit an
				application/affidavit on a form provided by the Department which shall contain:
1. Personal demographic information containing the
				applicant's name, mailing address, date of birth, social security number, sex,
				telephone number and either:
i. The name of the
				person's employer if the applicant is employed by a health care facility performing
				duties as a personal care assistant or in a related position; or
ii. The name of the person's PCATCEP;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 3 - PERSONAL CARE ASSISTANTS › Section 8:43I-3.2 - Fingerprint processing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for
				certification and each person seeking to renew their certification shall submit to a
				fingerprinting process. Each person shall comply with the procedures established by
				the Division of State Police pursuant to N.J.A.C. 13:59 for obtaining readable
				fingerprint impressions.
(b) Each person
				required by this subchapter to submit to the fingerprinting process shall be
				provided with a form which will permit the applicant to obtain the fingerprinting
				services without prepayment of a fee. The form is restricted to use by personal care
				assistant applicants and certified personal care assistants seeking to renew their
				certificates.
(c) The Department may
				utilize an archived image of fingerprints previously submitted for certification as
				a personal care assistant in lieu of the candidate reporting to a fingerprint site.
				Individuals seeking to renew their certificate are deemed to consent to a
				retransmission of their fingerprint images, as required by
				26:2H-83 et seq.
(d) No certificate shall be issued, no conditional
				certification granted or certification renewed unless the person has complied with
				the provisions of this subchapter, including but no limited to
				8:43I-3.1 and this section.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 3 - PERSONAL CARE ASSISTANTS › Section 8:43I-3.3 - Disqualification of applicants and persons seeking to renew certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall be
				disqualified from certification as a personal care assistant if they have been
				convicted of any of the following crimes and offenses, unless the person has
				demonstrated rehabilitation in accordance with
				8:43I-3.4:
1. In New Jersey, any crime or disorderly persons
				offense:
i. Involving danger to the person, meaning
				those crimes and disorderly persons offenses set forth in
				2C:11-1 et seq., 2C:12-1 et seq.,
				2C:13-1 et seq., 2C:14-1 et seq., or 2C:15-1 et seq.;
ii. Against the family, children or incompetents,
				meaning those crimes and disorderly persons offenses set forth in
				2C:24-1 et seq.;
iii. Involving theft as set forth in
				2C:20-1 et seq.; or
iv. Involving any controlled dangerous substance
				or controlled dangerous substance analog as set forth in
				2C:35-1 et seq., but not including
				those offenses defined at
				2C:35-10(a)4 
				(possession of less than 50 grams of marijuana and possession of less than five
				grams of hashish).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 3 - PERSONAL CARE ASSISTANTS › Section 8:43I-3.4 - Requests for a determination of rehabilitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any applicant or
				currently certified personal care assistant convicted of a disqualifying offense
				listed at 8:43I-3.3(a)  may
				request that the Department issue a determination of rehabilitation which would
				permit the person to obtain or retain certification as a personal care assistant.
				The standard for the issuance of a determination of rehabilitation is that the
				person affirmatively demonstrates rehabilitation by the production of clear and
				convincing evidence. The Department must weigh the following factors when evaluating
				a request for a determination of rehabilitation, which must be clearly documented by
				the applicant or personal care assistant:
1. The
				nature and responsibilities of the position which the applicant or certified
				personal care assistant would hold, has held, or currently holds, as the case may
				be;
2. The nature and seriousness of the
				offense(s);
3. The circumstances under
				which the offense occurred;
4. The date
				of the offense;
5. The age of the person
				at the time of the offense;
6. Whether
				the offense was an isolated or repeated incident;
7. Any social conditions which may have
				contributed to the offense; and
8. Any
				evidence of rehabilitation, including good conduct in prison or in the community,
				counseling or psychiatric treatment received, acquisition of additional academic or
				vocational schooling, successful participation in correctional work-release
				programs, or the recommendation of those who have had the applicant or personal care
				assistant under their supervision.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 3 - PERSONAL CARE ASSISTANTS › Section 8:43I-3.5 - Conditional certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for
				certification as a personal care assistant may be issued a conditional certification
				and may be employed in the capacity of a personal care assistant for a period of up
				to 120 days, as follows:
1. The Department will
				issue a conditional certification to the applicant for a period not to exceed 120
				days if the application demonstrates that the candidate has provided a sworn
				statement indicating that he or she has not been convicted of any of the offenses
				listed at 8:43I-2.3, and has not been placed on
				the Department's Abuse Registry pursuant to
				8:39-43.7(b).
2. All conditional certification documents issued
				by the Department shall bear the issue and expiration date, and are
				non-renewable.
3. Nothing in this
				chapter shall be construed as to permit an individual with a conditional
				certification authority to perform those duties of a personal care assistant for
				which the applicant has not yet been trained or authorized to perform.
4. If a conditionally certified applicant is
				disqualified from certification, the Department shall issue a notice to the
				applicant and employer, if known. The notice to the employer shall state that the
				applicant is disqualified, but shall not disclose the offenses upon which the
				disqualification is based.
i. Upon receipt of the
				notice, the employer or sponsor agency shall immediately remove the person from
				duties which require regular contact with patients, residents or clients. The person
				shall not have unsupervised contact with any patient, resident or client, nor shall
				the property of those persons be entrusted to any disqualified applicant.
ii. If the employer or sponsor agency receives
				notice from the Department that the applicant has filed for a hearing to contest the
				accuracy of their criminal history record background investigation, the person may
				remain employed pending a final decision on the person's petition, but the employer
				shall not permit the person to have unsupervised contact with elderly patients,
				residents or clients.
iii. The
				Department will notify the employer or sponsor agency of any requests for hearings,
				and the results of any hearings, within five days of receipt of such request or
				disposition.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 3 - PERSONAL CARE ASSISTANTS › Section 8:43I-3.6 - Convictions occurring after initial criminal record history background check clearance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will
				be notified by the New Jersey State Police of convictions occurring after the
				applicant is initially qualified pursuant to this chapter, in accordance a system
				developed under the authority of
				26:2H-83(a).
(b) Once the Department has learned that a person
				has been convicted of a disqualifying offense, the Department shall issue a notice
				of disqualification to the person and employer. The notice to the employer or
				sponsor agency will state that the person has been disqualified, but shall not list
				the offenses resulting in disqualification.
1. The
				person disqualified from certification shall be immediately terminated from
				employment as a personal care assistant, and his or her certificate shall be deemed
				revoked.
2. The employer or sponsor
				agency shall report to the Department, in writing, that the employee has been
				terminated from employment as a personal care assistant and the effective date of
				termination.
3. The person disqualified
				shall have 30 days from the date of termination of their position as a personal care
				assistant to petition the Commissioner for a hearing on the accuracy of the criminal
				history record background check, or to show cause why the conviction should not
				result in the revocation of their certificate. The Commissioner shall notify the
				person's employer of any petition within five days of receipt.
i. Any petition challenging the accuracy of a
				criminal history shall be forwarded to the Office of Administrative Law as a
				contested case pursuant to N.J.S.A. 52:14B-1.1 et seq.
ii. Petitions seeking to establish cause not to
				revoke the certification of the personal care assistant shall be processed by the
				Criminal Investigation Unit, which shall make an investigation into the
				circumstances surrounding the conviction, together with any of the criteria for
				rehabilitation listed at
				8:43I-3.4. If relief is not granted
				based upon this investigation, the petitioner shall have the right to a hearing on
				the denial in the Office of Administrative Law pursuant to
				52:14B-1 et seq.
iii. In all cases, the Department shall notify the
				person and the person's employer, if known, as to the outcome of the petition. The
				notification shall state whether the person is to be reinstated or if the person's
				termination and revocation stands.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 3 - PERSONAL CARE ASSISTANTS › Section 8:43I-3.7 - Right to hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons disqualified
				from certification due to a false sworn statement and application as required by
				8:43I-3.1(a)  shall be
				granted a hearing only if they are contesting the accuracy of the criminal history
				record background check. No person so disqualified shall be permitted to establish
				rehabilitation, nor shall a hearing be granted to provide for an evaluation of
				rehabilitation pursuant to
				26:2H-84(d).
(b) Persons disqualified from certification for
				failure to establish rehabilitation shall be entitled to a hearing challenging the
				accuracy of the criminal history record background check, the denial of a
				determination of rehabilitation, or both.
(c) All hearings authorized by this chapter shall
				be held by and under the rules of the Office of Administrative Law, N.J.A.C. 1:1,
				pursuant to 52:14B-1 et seq.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 3 - PERSONAL CARE ASSISTANTS › Section 8:43I-3.8 - Penalty for false sworn statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who
				submits a false sworn statement pursuant to
				8:43I-3.1(a)  shall be
				disqualified from certification as a personal care assistant in New Jersey, and may
				be assessed a fine of not more than $ 1,000, or both.
(b) Any person disqualified pursuant to paragraph
				a, above, shall be ineligible to submit an application for certification or to
				receive criminal history record background check clearance for a period of two years
				from the date of the disqualification notice. Acceptance of a new application is
				conditioned upon payment of any outstanding fine balance and the completion of a new
				and truthful sworn statement and fingerprint impressions as required by
				8:43I-3.1 and 3.2.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 3 - PERSONAL CARE ASSISTANTS › Section 8:43I-3.9 - Full certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A conditionally
				certified personal care assistant will be granted full, unrestricted certification,
				upon:
1. Completion of a PCATCEP and passing the
				State skills and written or oral exam as required by N.J.A.C. 8:36-1.8;
				and
2. Receipt by the Department of the
				fingerprint supported criminal history record background check from both the
				Division of State Police and the Federal Bureau of Investigation indicating that
				either:
i. The person has no disqualifying
				convictions; or
ii. The person has
				disqualifying convictions, but the Department has issued a determination of
				rehabilitation in accordance with
				8:43I-3.4.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 3 - PERSONAL CARE ASSISTANTS › Section 8:43I-3.10 - Extension of time for persons renewing certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may
				issue an extension of time for individuals seeking to renew their certification as a
				personal care assistant. Extensions will be issued when, for circumstances not
				within the control of the personal care assistant, processing times will not permit
				the Department to complete the background checks prior to the expiration date of
				their current certification. The personal care assistant must complete a fingerprint
				appointment prior to the expiration date listed on the current certification
				document. Extensions are processed by the employer to the Department. Extension
				requests must be on facility stationery and contain the name of the employer, the
				name of the personal care assistant, the personal care assistant's social security
				number, current certification expiration date, and certification number.
(b) Extensions are valid for 120 days, and are
				deemed revoked if the personal care assistant is disqualified from certification in
				accordance with this chapter.
(c) Each
				employer shall retain a copy of the extension authorization on file to prove current
				certification status of the personal care assistant.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 3 - PERSONAL CARE ASSISTANTS › Section 8:43I-3.11 - Suspension of criminal history record background checks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will
				suspend the criminal history record background check on any individual who:
1. Has an outstanding arrest warrant in any
				jurisdiction;
2. Has a pending criminal
				case that could result in conviction of a disqualifying offense;
3. Is the subject of a criminal investigation
				being conducted by the Department; or
4.
				Has terminated their employment as a conditionally certified personal care assistant
				or has withdrawn or been dropped from an approved PCATCEP.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 4 - ASSISTED LIVING ADMINISTRATORS › Section 8:43I-4.1 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for
				certification as an assisted living administrator shall complete and submit an
				application/affidavit on a form provided by the Department which shall contain:
1. Personal demographic information containing the
				applicant's name, mailing address, date of birth, social security number, sex,
				telephone number and either:
i. The name of the
				applicant's employer if the applicant is employed by a health care facility
				performing duties as a assisted living administrator or in a related position;
				or
ii. The name of the applicant's
				prospective assisted living employer, if any;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 4 - ASSISTED LIVING ADMINISTRATORS › Section 8:43I-4.2 - Fingerprint processing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for
				certification and each person seeking to renew their certification shall submit to a
				fingerprinting process. Each person shall comply with the procedures established by
				the Division of State Police pursuant to N.J.A.C. 13:59 for obtaining readable
				fingerprint impressions.
(b) Each person
				required to submit to the fingerprinting process shall be provided with a form which
				will permit the applicant to obtain the fingerprinting services. The form is
				restricted to use by assisted living administrator applicants and certified assisted
				living administrators seeking to renew their certificates. All costs of this process
				are to be paid by the applicant, pursuant to
				26:2H-7.1 9.
(c) If an individual has an archived image of
				their fingerprint impressions on file with the Division of State Police which has
				been filed for certification as a assisted living administrator, the person may
				request that the Department use the archived image in lieu of reporting for a new
				fingerprinting process. The renewal application will contain language which will
				authorize the Department to re-transmit the archived image. All costs of this
				process are to be paid by the applicant, pursuant to
				26:2H-7.1 9.
(d) No certificate shall be issued, no conditional
				certification granted or certification renewed unless the person has complied with
				the provisions of this subchapter, including but not limited to
				8:43I-4.1 and this section.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 4 - ASSISTED LIVING ADMINISTRATORS › Section 8:43I-4.3 - Disqualification of applicants and persons seeking to renew certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall be
				disqualified from certification as an assisted living administrator if they have
				been convicted of any of the following crimes and offenses, unless the person has
				demonstrated rehabilitation in accordance with
				8:43I-4.4:
1. In New Jersey, any crime or disorderly persons
				offense:
i. Involving danger to the person, meaning
				those crimes and disorderly persons offenses set forth in
				2C:11-1 et seq., 2C:12-1 et seq.,
				2C:13-1 et seq., 2C:14-1 et seq., or 2C:15-1 et seq.;
ii. Against the family, children or incompetents,
				meaning those crimes and disorderly persons offenses set forth in
				2C:24-1 et seq.;
iii. Involving theft as set forth in
				2C:20-1 et seq.; or
iv. Involving any controlled dangerous substance
				or controlled dangerous substance analog as set forth in
				2C:35-1 et seq., but not including
				those offenses defined at
				2C:35-10(a)4 
				(possession of less than 50 grams of marijuana and possession of less than five
				grams of hashish).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 4 - ASSISTED LIVING ADMINISTRATORS › Section 8:43I-4.4 - Requests for a determination of rehabilitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any applicant or
				currently certified assisted living administrator convicted of a disqualifying
				offense listed at
				8:43I-4.3(a)  may
				request that the Department issue a determination of rehabilitation which would
				permit the person to obtain or retain certification as an assisted living
				administrator. The standard for the issuance of a determination of rehabilitation is
				that the person affirmatively demonstrates rehabilitation by the production of clear
				and convincing evidence. The Department must weigh the following factors when
				evaluating a request for a determination of rehabilitation, which must be clearly
				documented by the applicant or assisted living administrator:
1. The nature and responsibilities of the position
				which the applicant or certified assisted living administrator would hold, has held
				or currently holds, as the case may be;
2. The nature and seriousness of the
				offense(s);
3. The circumstances under
				which the offense occurred;
4. The date
				of the offense;
5. The age of the person
				at the time of the offense;
6. Whether
				the offense was an isolated or repeated incident;
7. Any social conditions which may have
				contributed to the offense; and
8. Any
				evidence of rehabilitation, including good conduct in prison or in the community,
				counseling or psychiatric treatment received, acquisition of additional academic or
				vocational schooling, successful participation in correctional work-release
				programs, or the recommendation of those who have had the applicant or assisted
				living administrator under their supervision.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 4 - ASSISTED LIVING ADMINISTRATORS › Section 8:43I-4.5 - Conditional certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for
				certification as an assisted living administrator may be issued a conditional
				certification and may be employed in the capacity of a assisted living administrator
				for a period of up to 120 days, as follows:
1.
				Only those applicants who have filed a sworn statement with the Department on the
				application described in
				8:43I-4.1(a)  which
				attests that the person has not been convicted of a disqualifying offense shall be
				eligible for conditional certification. Any employer seeking to employ a
				conditionally certified assisted living administrator shall obtain a copy of the
				application from the employee and maintain it on file until the applicant become
				fully certified or is disqualified from certification.
2. Only those applicants who have successfully
				completed an approved training program and competency examination as defined by
				N.J.A.C. 8:36-1.5(a)3 shall be issued a conditional certification.
3. An applicant meeting the requirements of (a)1
				and 2 above is deemed conditionally certified from the first day of employment
				through the 120th day of employment, provided that the applicant is not sooner
				disqualified from certification pursuant to this chapter.
4. Nothing in this chapter shall be construed as
				to permit an individual with a conditional certification authority to perform those
				duties of a assisted living administrator for which the applicant has not yet been
				trained or authorized to perform.
5. If
				a conditionally certified applicant is disqualified from certification, the
				Department shall issue a notice to the applicant and employer, if known. The notice
				to the employer shall state that the applicant is disqualified, but shall not
				disclose the offenses upon which the disqualification is based.
i. Upon receipt of the notice, the employer shall
				immediately remove the person from duties as an assisted living administrator and
				those duties which require regular contact with patients, residents or clients. The
				person shall not have unsupervised contact with any patient, resident or client, nor
				shall the property of those persons be entrusted to any disqualified applicant. The
				employer shall provide notice, in writing, to the Department that it has removed the
				person from duties as an assisted living administrator and the effective date of the
				removal.
ii. The Department will notify
				the employer of any requests for hearings, and the results of any hearings, within
				five days of receipt of such request or disposition.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 4 - ASSISTED LIVING ADMINISTRATORS › Section 8:43I-4.6 - Convictions occurring after initial criminal record history background check clearance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will
				be notified by the New Jersey State Police of convictions occurring after the
				applicant is initially qualified pursuant to this chapter, in accordance a system
				developed under the authority of
				26:2H-83(a).
(b) Once the Department has learned that a person
				has been convicted of a disqualifying offense, the Department will issue a notice of
				disqualification to the person and employer. The notice to the employer will state
				that the person has been disqualified, but shall not list the offenses resulting in
				disqualification.
1. The person disqualified from
				certification shall be immediately terminated from employment as an assisted living
				administrator, and his or her certificate shall be deemed revoked.
2. The employer shall report to the Department, in
				writing, that the employee has been terminated from employment as an assisted living
				administrator and the effective date of termination.
3. The person disqualified shall have 30 days from
				the date of termination of their position as an assisted living administrator to
				petition the Commissioner for a hearing on the accuracy of the criminal history
				record background check, or to show cause why the conviction should not result in
				the revocation of their certificate. The person's employer shall be notified of any
				petition within five days of receipt by the Commissioner.
i. Any petition challenging the accuracy of a
				criminal history shall be forwarded to the Office of Administrative Law as a
				contested case pursuant to
				52:14B-1 et seq.
ii. Petitions seeking to establish cause not to
				revoke the certification of the assisted living administrator shall be processed by
				the Criminal Investigation Unit, which shall make an investigation into the
				circumstances surrounding the conviction, together with any of the criteria for
				rehabilitation listed at
				8:43I-4.4. If relief is not granted
				based upon this investigation, the petitioner shall have the right to a hearing on
				the denial in the Office of Administrative Law pursuant to
				52:14B-1 et seq.
iii. In all cases, the Department shall notify the
				person and the person's employer, if known, as to the outcome of the petition. The
				notification shall state whether the person is to be reinstated or if the person's
				termination and revocation stands.