The Division of Health Facilities Evaluation and Licensing, of the Department of Health and Senior Services, is proposing rulemaking to readopt without amendments N.J.A.C. 8:43I. N.J.A.C. 8:43I requires all persons seeking certification or re-certification as a nurse aide, personal care assistant or assisted living administrator to submit to a criminal history background check.

         N.J.A.C. 8:43I sets forth the process by which interested persons can complete the required fingerprint supported check, and sets forth the classes of offenses and crimes that disqualify a person from certification as a nurse aide, personal care assistant or assisted living administrator.  The chapter also sets forth the process for obtaining a determination of rehabilitation if a person is convicted of a disqualifying offense, the assessment criteria used by the Department to review a request for rehabilitation, and the process for obtaining a conditional certification that allows an applicant to work during the course of a background investigation.  In addition, the chapter establishes penalties for persons who submit false applications for conditional certification, and allows persons who are disqualified from certification to request an administrative hearing.   

         The proposal appears in the November 16, 2009 issue of the New Jersey Register.  LexisNexis® provides free on-line public access to the New Jersey Administrative Code and the New Jersey Register at http://lexisnexis.com/njoal.

         The public has until January 15, 2010 to comment on the proposal.  Persons wishing to comment on the proposal must submit their comments in writing to Ruth Charbonneau, Director, Office of Legal and Regulatory Affairs, New Jersey Department of Health and Senior Services, PO Box 360, Trenton, NJ 08625-0360.  Written comments on the proposal must be postmarked on or before January 15, 2010, which is the close of the 60-day public comment period.