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Bill > S4286


NJ S4286

NJ S4286
Establishes certain protections for health care professionals who receive behavioral health care and apply for State licensure.


summary

Introduced
03/24/2025
In Committee
03/24/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill establishes certain protections for health care professionals who receive behavioral health care and are seeking State licensure as health care professionals. This bill is intended to encourage healthcare professionals to seek behavioral health care without fear of licensing repercussions. The bill aims to strike a balance between ensuring patient safety and encouraging healthcare professionals to seek behavioral health treatment. Under the bill, no State board or agency that licenses health care professionals in the State is permitted to inquire into an applicant's history of receiving behavioral health care during the licensing or license renewal process, except when inquiring about a behavioral health condition that impairs the applicant's ability to practice health care safely. A State board or agency will limit any questions on any licensing or license renewal forms concerning the applicant's behavioral health to inquiries about current impairments affecting the applicant's ability to perform the essential functions of the professional role with reasonable skill and safety. A State board or agency may inquire whether an applicant has a current health condition, including a behavioral health condition that impairs the applicant's ability to practice health care safely. Such inquiry must include assurances that the applicant will not face board or agency action if the applicant is receiving treatment for a behavioral health care condition and not currently impaired. Any inquiry responses related to past or current behavioral health care provided to an applicant will remain confidential and, if there is no impairment to the applicant's ability to practice safely, such responses will not be used as the sole basis for denial of licensure or license renewal or imposition of a requirement by the board or agency that the applicant participate in a treatment program as a condition of licensure. The bill requires the Division of Consumer Affairs in the Department of Law and Public Safety, in collaboration with the Department of Health, to provide training to each State licensing board and agency and the board and agency's staff on how to handle behavioral health disclosures in a non-stigmatizing manner.

AI Summary

This bill establishes protections for healthcare professionals seeking state licensure by limiting how licensing boards can inquire about behavioral health conditions. The legislation aims to reduce stigma and encourage healthcare workers to seek mental health treatment without fear of professional repercussions. Under the bill, state licensing boards are prohibited from broadly asking about an applicant's mental health history during the licensing process. Instead, they may only ask about current health conditions that could impair the professional's ability to practice safely. The bill defines "behavioral health" as mental health conditions, substance use disorders, and related conditions. Licensing boards must keep any disclosed health information confidential and cannot use such information as the sole basis for denying licensure or requiring treatment. Additionally, the bill mandates that the Department of Health and Division of Consumer Affairs provide training to licensing boards on handling behavioral health disclosures in a non-stigmatizing manner. The bill is motivated by research showing that invasive mental health questions on licensing applications can discourage healthcare workers from seeking necessary treatment and do not effectively protect public safety. The legislation will take effect 90 days after enactment and applies to various healthcare professionals regulated by state boards.

Committee Categories

Health and Social Services

Sponsors (4)

Last Action

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 03/24/2025)

bill text


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