More health care workers in New Jersey will be required to undergo criminal background checks when applying for licenses under a new law aimed at improving patient safety.
Applied behavior analysts, art therapists and nutritionists will be required to undergo criminal background checks as part of the licensure or renewal process. New Jersey has a law requiring licensure for those professions, but that law does not standardize criminal background check requirements for license applicants, officials said.
Previously, criminal background checks for these health care professionals were conducted at the discretion of individual facilities, based primarily on employer policies and specific workplace requirements.
State Sen. Robert Singer (R-Monmouth/Ocean) introduced bill S-2311/A-1128, which was signed by Gov. Phil Murphy last week, to address what he called “mistakes” in the bill.
“When someone told us about this, we thought, ‘Well, how could that happen?'” Singer told NJ Advance Media.
“So we’re closing the loop to make sure that the people that are interacting with the public have the proper background checks and credentials,” Singer said. “We made a mistake, we corrected it, and thankfully, no harm or wrongdoing occurred.”
Singer’s bill would expand the definition of a health professional to include those licensed by the State Board of Applied Behavior Analysis Examiners, the State Board of Creative Arts Activity Therapy and the State Board of Nutrition and Dietetics. These health professionals would be subject to criminal background checks as part of the licensure or renewal process.
If an individual has a criminal record, the state board or consumer affairs department may revoke or refuse to renew the license.
Professions such as applied behavior analysis, art therapy, and nutrition have been around for decades. These professions often work with vulnerable populations, such as school-aged children, who need social, emotional, and behavioral support.
National boards for each profession certify qualified individuals to ensure standards of practice, but in New Jersey, the introduction of professional certification for these professions is relatively new.
Prior to the licensing law, a practitioner could continue to practice in New Jersey even if their certification by the National Board was revoked. Now, if you continue to practice after your license has been revoked, you may be charged with a crime for practicing applied behavior analysis without a license.
Singer’s bill would require applied behavior analysts, art therapists and nutritionists to undergo some sort of criminal background check if they want to be licensed in New Jersey, regardless of where they work.
The bill to expand criminal background checks was signed on the same day that the New Jersey Board of Applied Behavior Analyst Examiners opened up applications for licensure. The long-awaited application portal has been in the works since 2020, when Governor Murphy signed the Applied Behavior Analyst Licensure Act into law.
Stephanie Summers, executive director of the New Jersey Association for Behavior Analysis, said the new measures “will strengthen consumer protections.”
“Taken together with the opening of applications for New Jersey applied behavior analysis licenses, I believe these developments represent significant progress in protecting the well-being of our state’s consumers,” Summers said in a statement.
There are currently more than 3,300 behavior analysts in New Jersey, according to Autism New Jersey, a nonprofit that helps license applied behavior analysts. “The new law will help ensure the safety and well-being of people with autism and their families,” said Devin Baker, deputy public policy director for Autism New Jersey.
“We believe that autistic people are a vulnerable population and if we are providing services to them, we need to provide them with standards just like any other profession,” Baker said.
There is another law that requires criminal background checks for school employees.
“This bill does not affect existing state law 18A:6-7.1, which requires criminal history background checks for all school district employees and contractors who have regular contact with students,” a Department of Education spokesperson said in an email.
At least since 2019, when New Jersey’s rules and regulations for art therapists were finalized, art therapists have been required to undergo criminal background checks.
But the state’s Creative Arts Activities Therapy Board currently issues licenses, and the bill explicitly expands required background checks through that board.
The New Jersey Art Therapy Association supports criminal background checks as a requirement for professional certification.
“We believe maintaining these standards is essential to the safety and well-being of the individuals and communities we serve, and we will continue to support laws that uphold the integrity of the profession and protect the public,” NJATA President Tracy Bitondo said in a statement.
Standardizing criminal background checks is also supported by the New Jersey Academy of Nutrition and Dietetics, an affiliate of the world’s largest food and nutrition professional organization. The New Jersey group has more than 2,300 members, according to its LinkedIn page.
“The State Nutrition Board’s primary responsibility is to protect the public, and we believe it is in the public’s best interest for all health care workers to undergo criminal history background checks as a standard requirement if a background check uncovers history that could potentially impact a health care worker’s ability to perform their job safely and appropriately,” said April Milewski, a registered dietitian and public policy coordinator for the New Jersey Nutrition Academy.
Governor Murphy signed a bill in January 2020 that would create a pathway for nutritionists to become licensed. If the bill goes into effect, anyone seeking certification would be required to undergo a criminal background check.
“The Nutrition Board is drafting rules that will include an outline of the licensing process. Licensing will be required once the rules are adopted,” according to an alert posted on the board’s website.
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Jackie Roman can be contacted at jroman@njadvancemedia.com
