{"data":{"id":"us-nj/n.j.-stat.-26-2h-83","jurisdiction":"us-nj","citation":"N.J. Stat. § 26:2H-83","heading":"Background checks for nurse aid, personal care assistant certification.","body":"2. a. The Department of Health shall not issue a nurse aide or personal care assistant certification to any applicant, except on a conditional basis as provided for in subsection d. of section 3 of P.L.1997, c.100 (C.26:2H-84), unless the Commissioner of Health first determines, consistent with the requirements of sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through 87), 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 would disqualify that person from being certified. A nurse aide or personal care assistant certified by the department prior to the effective date of P.L.2000, c.20 upon whom a criminal history record background check has not been conducted pursuant to sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through 87), shall be required to undergo that criminal history record background check as a condition of that individual's initial recertification following the effective date of P.L.2000, c.20.\nIn addition, a follow-up criminal history record background check of federal records shall be conducted at least once every two years as a condition of recertification for every certified nurse aide and personal care assistant; except that the commissioner, in lieu of conducting follow-up criminal history record background checks for purposes of recertification, may provide for an alternative means of determining whether a certified nurse aide or personal care assistant has been convicted of a crime or disorderly persons offense which would disqualify that person from certification, including, but not limited to, a match of a person's Social Security number or other identifying information with records of criminal proceedings in this and other states.  If the commissioner elects to implement this alternative means of determining whether a certified nurse aide or personal care assistant has been convicted of a crime or disorderly persons offense which would disqualify that person from certification, the commissioner shall report to the Governor and the Legislature prior to its implementation on the projected costs and procedures to be followed with respect to its implementation and setting forth the rationale therefor.\nA person shall be disqualified from certification if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses:\n(1)\tIn New Jersey, any crime or disorderly persons offense:\n(a)\tinvolving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.; or\n(b)\tagainst the family, children, or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:24-1 et seq.; or\n(c)\tinvolving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes; or\n(d)\tinvolving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of N.J.S.2C:35-10.\n(2)\tIn any other state or jurisdiction, of conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in paragraph (1) of this subsection.\nb.\tNotwithstanding the provisions of subsection a. of this section, no person shall be disqualified from certification on the basis of any conviction disclosed by a criminal history record background check performed pursuant to sections 2 through 6 and section 14 of P.L.1997, c.100 (C.26:2H-83 through 87 and C.53:1-20.9a) if the person has affirmatively demonstrated to the Commissioner of Health clear and convincing evidence of the person's rehabilitation.  In determining whether a person has affirmatively demonstrated rehabilitation, the following factors shall be considered:\n(1)\tthe nature and responsibility of the position which the convicted person would hold, has held or currently holds, as the case may be;\n(2)\tthe nature and seriousness of the offense;\n(3)\tthe circumstances under which the offense occurred;\n(4)\tthe date of the offense;\n(5)\tthe age of the person when the offense was committed;\n(6)\twhether the offense was an isolated or repeated incident;\n(7)\tany social conditions which may have contributed to the offense; and\n(8)\tany 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 person under their supervision.\nc.\tIf a person subject to the provisions of sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through 87) refuses to consent to, or cooperate in, the securing of a criminal history record background check, the commissioner shall, as applicable:\n(1)\tnot issue a nurse aide or personal care assistant certification and shall notify the applicant, and the applicant's employer if the applicant is conditionally employed as provided in subsection d. of section 3 of P.L.1997, c.100 (C.26:2H-84) or the applicant's prospective employer if known, of that denial; or\n(2)\trevoke the person's current nurse aide or personal care assistant certification and notify the person, and the person's employer, if known, of that revocation.\nL.1997, c.100, s.2; amended 1997, c.284, s.2; 2000, c.20, s.1; 2012, c.17, s.240.","path":["TITLE 26 HEALTH AND VITAL STATISTICS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"09d9408b2d159b2817b023f1edc766a3294ec5aba8a7c8a7a71e41453decfa5d","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-26-2h-81.2","next":"us-nj/n.j.-stat.-26-2h-84"},"notice":"GroundRules: Original legal text. Not legal advice."}