More healthcare professionals in New Jersey will be required to get criminal background checks when applying for a license under a new law aimed at improving patient safety.

Applied behavior analysts, art therapists, and dietitians/nutritionists will now be required to undergo criminal background checks as part of the licensure or renewal process. While there are laws in New Jersey requiring each of these professions to be licensed, the laws do not standardize a criminal background check requirement for license applicants, officials said.

Previously, criminal background checks for these healthcare professions were largely conducted at the discretion of individual facilities, based on employer policies and specific workplace requirements.

State Sen. Robert Singer, R-Monmouth/Ocean, sponsored legislation, S-2311/A-1128, signed by Gov. Phil Murphy last week that addressed what he called “a mistake.”

“When someone brought this to our attention, we thought, ‘Well, how could that be?’” Singer told NJ Advance Media.

“So, we’re closing the loop to make sure that people who deal with the public have the proper background check and credentials,” Singer said. “We made a mistake, we corrected it, and fortunately there was no harm, no foul.”

Singer’s bill expands the definition of health care professionals to include those licensed by the State Board of Applied Behavior Analyst Examiners, the State Board of Creative Arts and Activities Therapies, and the State Board of Dietetics and Nutrition. These healthcare professionals will now undergo criminal background checks as part of the licensure or renewal process.

“This new law fixes an oversight in existing law that leaves out background check requirements for licensure from certain State Boards,” said Senator Troy Singleton, D-Burlington, a primary sponsor and author of the law. “By requiring these background checks, we will be able to better protect some of our most vulnerable residents - children and adults with special needs, who are at greater risk of exploitation and abuse.”

The state board or the Division of Consumer Affairs may revoke or deny the renewal of a license if an individual has a criminal record.

The professions of applied behavior analysis, art therapy, and dietetics/nutrition have been around for decades. They often work with vulnerable populations needing social, emotional, and behavioral support, including kids in schools.

National boards for each profession administer credentials to qualified individuals to ensure standards of practice. However, the professional licensing of these practices is relatively new in New Jersey.

Prior to the licensure law, if a practitioner’s certification from a national board was revoked, they could still practice in New Jersey. Now, if someone’s license is revoked and they continue practicing, they could be accused of a crime — practicing applied behavior analysis without a license.

Singer’s bill ensures that regardless of where applied behavior analysts, art therapists, and dietitians/nutritionists work, if they want to be licensed in New Jersey, they have to undergo some kind of criminal background check.

The expanded criminal background check bill was signed the same day the New Jersey Board of Applied Behavior Analyst Examiners opened applications for licensure. The highly-anticipated application portal has been in the works since 2020, when Murphy signed the Applied Behavior Analyst Licensing Act into law.

Stephanie Summers, executive director of the New Jersey Association for Behavior Analysis, said the new measure “enhances consumer protection.

“When considered alongside the opening of applications for New Jersey Applied Behavior Analysis licensure, we believe these developments represent significant progress in safeguarding our state’s consumers’ well-being,” Summers said in a statement.

There are now more than 3,300 behavior analysts in the state, according to Autism New Jersey, a nonprofit that supports the licensure of applied behavior analysts. The new law will help ensure the safety and well-being of individuals with autism and their families, said Devin Baker, Autism New Jersey’s Deputy Public Policy Director.

“People with autism, they’re a vulnerable population and we feel if you’re going to be providing services to them, you need to provide standards for them like other professions,” Baker said.

There are separate laws requiring criminal background checks for school employees.

“This legislation does not impact existing state law, 18A:6-7.1, which requires every school district employee or contractor having regular contact with students to have a criminal history background check,” a spokesman for the Department of Education said in an email.

Criminal background checks were required for art therapists since at least 2019, when the rules and regulations for New Jersey art therapists were finalized.

However, the state Board of Creative Arts and Activities Therapies is now the group issuing 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 licensure in the profession.

“We believe that maintaining these standards is vital for the safety and well-being of the individuals and communities we serve, and we continue to support legislation that upholds the integrity of the profession and protects the public,” said NJATA President Traci Bitondo in a statement.

The standardization of criminal background checks was also supported by the New Jersey Academy of Nutrition and Dietetics, an affiliate of the world’s largest organization of food and nutrition professionals. The New Jersey group represents over 2,300 members, according to its LinkedIn page.

“The primary responsibility of the State Board of Dietetics and Nutrition is to protect the public. In cases where background checks reveal a history that could potentially affect a practitioner’s ability to safely and competently practice, we believe it is in the public’s best interest for all healthcare professionals to undergo criminal history background checks as a standard requirement,” said April Milevski, a registered dietician nutritionist and public policy coordinator for the New Jersey Academy of Nutrition and Dietetics.

Murphy signed a bill in January 2020 creating a licensure path for nutritionists. When that becomes available, anyone seeking a license will have to undergo a criminal background check.

“The Board of Dietetics and Nutrition is drafting regulations which will, among other things, outline the licensure process. Licensure will be required after the regulations are adopted,” according to an alert posted on the board’s website.

Original Article