New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 3 - GENERAL REQUIREMENTS › Section 10:161B-3.5 - Personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall maintain personnel records for each employee, including, but not limited
				to, the employee's name, address, Social Security number, proof of
				identification, previous employment history (including verification),
				educational background, credentials (including progress toward CDA, CADC, or
				LCADC), professional license number with effective date and date of expiration
				(if applicable), certification (if applicable), verification of credentials,
				record of voluntarily disclosed criminal convictions, results of criminal
				history background checks, records of physical examinations, job descriptions,
				documentation of staff orientation and staff education received, and
				evaluations of performance.
1. The facility
				shall complete performance evaluations on staff a minimum of once per year
				after initial employment.
2. The
				program shall initiate State-level criminal history record background checks
				supported by fingerprints no later than the time of hiring all staff, student
				interns and volunteers.
3. Programs
				shall provide each staff member with a photo identification card to include, at
				a minimum, the staff member's name, job title, degree and/or
				certification.
4. The facility
				administrator shall make reasonable efforts to ensure that staff are in good
				physical and mental health, emotionally stable, of good moral character,
				concerned for the safety and well-being of clients, and have not been convicted
				of a crime relating adversely to the person's ability to provide care or
				interact with clients and families, either directly or indirectly, such as
				homicide, aggravated assault, kidnapping, sexual offenses, robbery, and crimes
				against the family, children or incompetents, except where the applicant or
				employee with a criminal history has demonstrated rehabilitation in order to
				qualify for employment. Such procedures for hiring employees with past criminal
				histories, including, but not limited to, those above, shall be clearly
				written.
i. "Reasonable efforts" shall
				include, but need not be limited to, an inquiry on the employment application,
				reference checks, and/or criminal history record background checks where
				indicated or necessary.
5. Programs shall have a policy governing the
				review of criminal convictions identified by criminal history background checks
				or voluntary disclosure by prospective employees that shall include the process
				and standards by which convictions are reviewed to determine if the nature and
				severity of the conviction(s) precludes consideration for hiring. Such policy
				shall not preclude the hiring of persons with criminal convictions, but may
				reasonably balance the type and severity of the crime, history of
				rehabilitation, and nature of employment.
6. Programs shall document verification and
				confirmation of licenses/certifications and educational degrees for all staff
				in accordance with program policy and requirements established for the position
				by this chapter to determine that they are both current and not under
				suspension or other sanction from any licensing or certifying authority, which
				would preclude employment due to inappropriateness (that is, ethical
				violations) or lack of minimum qualifications/requirements for the
				position.