N.J. Admin. Code § 13:37-14.11

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:37-14.11 - Certification by reciprocity

(a) Upon receipt of a completed application, application fee, promise of employment letter from a New Jersey home care services agency, consent to a criminal history record background check, and requisite fee for such a check, the Board shall issue certification as a CHHA to any person who documents that he or she holds a valid, current CHHA certification in good standing issued by another state, if:

1. The Board determines that the state that issued the certification has or had at the time of issuance, education, training, and examination requirements for certification substantially equivalent to the current standards of this State;

2. The applicant has been practicing as a CHHA for a period of at least six months within the five years prior to the date of application; and

3. The requirements of (b) below are satisfied.

(b) Prior to the issuance of the certification in (a) above, the Board shall have received:

1. Documentation satisfactory to the Board that the applicant's certification in any other state in which the applicant is licensed is in good standing;

2. The results of a criminal history record background check of the files of the Criminal Justice Information Services Division in the Federal Bureau of Investigation and the State Bureau of Identification in the Division of State Police do not disclose a conviction for a disqualifying crime; and

3. Designation of an agent in this State for service of process, if the applicant is not a State resident and does not have an office in this State.

(c) For purposes of this section, "good standing" means that:

1. No action has been taken against the applicant's certification by any licensing board;

2. No action adversely affecting the applicant's privileges to practice as a CHHA has been taken by any out-of-State institution, organization, or employer;

3. No disciplinary proceeding is pending that could affect the applicant's privileges to practice as a CHHA;

4. All fines levied by any out-of-State board have been paid; and

5. There is no pending or final action by any criminal authority for violation of law or regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, New Jersey, or any other state, including, but not limited to: criminal homicide; aggravated assault; sexual assault, criminal sexual contact or lewdness; or any offense involving any controlled dangerous substance or controlled dangerous substance analog.

(d) The Board, after a CHHA has been given notice and an opportunity to be heard, may revoke any certification based on a certification issued by another state obtained through fraud, deception, or misrepresentation.

(e) The Board may grant a certification without examination to an applicant seeking reciprocity who holds a corresponding certification from another state who does not meet the good standing requirement of (b) above due to a pending action by a licensing board, a pending action by an out-of-State institution, organization, or employer affecting the applicant's privileges to practice, a pending disciplinary proceeding, or a pending criminal charge or arrest for a crime provided the alleged conduct of the applicant that is the subject of the action, proceeding, charge, or arrest, assuming it is true, does not demonstrate a serious inability to practice as a CHHA, adversely affect the public health, safety, or welfare, or result in economic or physical harm to a person, or create a significant threat of such harm.

N.J. Admin. Code § 13:37-14.11

Adopted by 48 N.J.R. 423(a), effective 3/7/2016