STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
Assemblyman PETER J. BIONDI
District 16 (Morris and Somerset)
Assemblywoman JOAN M. QUIGLEY
District 32 (Bergen and Hudson)
Assemblywoman CARIDAD RODRIGUEZ
District 33 (Hudson)
Co-Sponsored by:
Assemblymen Ramos, Rudder and Assemblywoman Addiego
SYNOPSIS
Establishes additional investigative and enforcement powers in Division of Consumer Affairs to deter individuals from engaging in unauthorized practice of professions and occupations.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the unauthorized practice of certain professions and occupations and supplementing P.L.1978, c.73 (C.45:1-14 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. The regulation of certain professions or occupations through the Director of the Division of Consumer Affairs or the boards or committees within the Division of Consumer Affairs in the Department of Law and Public Safety is necessary to protect the health, safety and welfare of the residents of this State;
b. The unauthorized practice of a regulated profession or occupation inures to the detriment of the public;
c. The professional and occupational licensing boards and committees within the Division of Consumer Affairs in the Department of Law and Public Safety are unable to consistently and effectively prevent and sanction the unauthorized practice of regulated professions and occupations due, in part, to limitations in the investigative and enforcement powers currently afforded to the boards and commissions, and to the applicable procedures available to address these issues; and
d. It is therefore necessary and appropriate to protect the health, safety and welfare of the residents of this State to provide the Director of the Division of Consumer Affairs and the boards and committees within the Division of Consumer Affairs with additional investigative and enforcement powers and enhanced procedures to more effectively deter individuals from engaging in the unauthorized practice of a regulated profession or occupation.
2. a. The Director of the Division of Consumer Affairs or any board or committee within the division may exercise its investigative power pursuant to section 5 of P.L.1978, c.73 (C.45:1-18) whenever there is reason to believe that there has been a violation of any applicable law or regulation by a person who:
(1) is not licensed, certified, or otherwise permitted by law or regulation to practice a profession or occupation and who represents to the public by any means, that he is able to practice a profession or occupation regulated under Title 45 of the Revised Statutes; or
(2) has engaged or is engaging in the unauthorized practice of a profession or occupation regulated under Title 45 of the Revised Statutes in violation of any law or regulation administered by the director or a board or committee within the Division of Consumer Affairs.
b. Any person who, following notice and a hearing, has been found to have engaged in the conduct specified in paragraph (1) or (2) of subsection a. of this section shall:
(1) immediately cease and desist from practicing that profession or occupation, as ordered by the director or a board or committee; and
(2) be liable to a penalty of not more than $10,000 for the first offense, and not more than $20,000 for each subsequent offense, to be recovered by the director or the board or committee within the Division of Consumer Affairs.
c. Any proceeding instituted pursuant to this section shall be in addition to any other proceeding authorized by section 10 of P.L.1978, c.73 (C.45:1-23), or by any other law.
3. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B‑1 et seq.), to effectuate the provisions of this act.
4. This act shall take effect immediately.
STATEMENT
Under current law, to prevent an individual from engaging in the unauthorized practice of a profession or occupation regulated by a board or committee within the Division of Consumer Affairs, the Attorney General must apply to the Superior Court for an injunction prohibiting such act or practice. This has proven to be a cumbersome, ineffective process under which it is difficult to effectively and consistently prevent or sanction the unauthorized practice of regulated professions and occupations. Untimely, sporadic or ineffective enforcement of the laws prohibiting unauthorized practice of a regulated profession or occupation may place the public at risk from the actions of unqualified, unregulated individuals who hold themselves out as able to perform services for which a license or other qualification is statutorily required. Such ineffective enforcement often operates to the substantial detriment of the regulated community by harming the general reputation of the profession and prejudicing the legitimate business interests of those duly licensed practitioners who have developed the expertise and expended the resources necessary to be properly educated, trained and qualified.
This bill enhances the ability of the professional boards and committees in the Division of Consumer Affairs to more effectively and expeditiously address instances involving or concerning the unauthorized practice of a regulated profession or occupation. Under the bill, the director, and the professional boards and committees under Title 45 of the Revised Statutes, are authorized to utilize their investigative authority to determine whether a violation of the applicable law or regulations has taken place, and to hold hearings to determine whether an unauthorized individual has violated the law by holding himself out to the public as able to practice a particular profession or occupation or to have engaged in the practice of that regulated profession or occupation. The director or the boards and committees would also be authorized to order violators to cease and desist from such practices and penalize them not more than $10,000 for the first offense and not more than $20,000 for each subsequent offense.