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Bill > A5594


NJ A5594

NJ A5594
Establishes certain protections for health care professionals who receive behavioral health care and apply for State licensure.


summary

Introduced
05/05/2025
In Committee
05/05/2025
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 to encourage them to seek behavioral health care without fear of professional repercussions. The legislation addresses the current mental health crisis in the healthcare workforce by limiting how licensing boards can inquire about an applicant's behavioral health history. Specifically, state boards are prohibited from broadly asking about past behavioral health care, and can only inquire about current health conditions that might impair a professional's ability to practice safely. The bill defines behavioral health as including mental health conditions and substance use disorders, and covers a wide range of healthcare professionals, from medical doctors to therapists. Any disclosures about behavioral health must remain confidential and cannot be the sole basis for denying licensure or requiring treatment. Additionally, the bill mandates training for licensing board members to handle behavioral health disclosures in a non-stigmatizing manner, recognizing that overly invasive mental health questions can deter healthcare workers from seeking necessary mental health treatment. The legislation aims to balance patient safety with supporting the mental health of healthcare professionals, aligning with recommendations from major medical associations that current licensing practices can be counterproductive and potentially violate disability protection laws.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

Introduced, Referred to Assembly Regulated Professions Committee (on 05/05/2025)

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