New Jersey-2010-A4354-Introduced

An Act concerning the provision of certain health care services by health care professionals and supplementing Title 45 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. Access to high-quality health care services is a concern of all persons;

b. Such access is severely limited for some residents of this State;

c. Physicians and other health care professionals have traditionally worked to ensure access to health care services;

d. Many health care professionals in New Jersey and other states are willing to volunteer their services to address the health care needs of our residents who may not otherwise be able to obtain those services; and

e. Providing by statute for a waiver from the applicable laws of this State to permit a physician or other health care professional who is not licensed or certified to practice in New Jersey, but is authorized to practice in another state or territory of the United States, to provide care or treatment without charge to medically indigent persons in this State will follow the salutary example set by other states, such as Illinois and Tennessee, and help to improve access to health care among those residents of our State who might otherwise be forced to forego needed care or treatment.

2. As used in this act:

"Health care professional" means a physician, dentist, nurse, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes or under a comparable provision of law in another state or territory of the United States.

"Sponsoring entity" means a nonprofit free-standing clinic that is not owned or controlled by a licensed health care facility or a federally qualified health center.

"Voluntary basis" means that the health care professional provides the health care services, in association with a sponsoring entity, without charge to the patient or to a third party on the patient's behalf.

3. A health care professional may provide health care services on a voluntary basis at a sponsoring entity without being licensed or certified to practice as a health care professional in this State, provided that the health care professional:

a. is duly licensed, or otherwise authorized to practice the profession, by any state or territory of the United States, and his license or other authorization is not suspended or revoked pursuant to disciplinary proceedings in any jurisdiction;

b. restricts his licensed or otherwise authorized services and duties solely to the provision of care or treatment at a sponsoring entity;

c. provides only the care or treatment that the health care professional is licensed or otherwise authorized to provide by any state or territory of the United States; and

d. provides a copy of his current out-of-state license or other authorization to practice to the sponsoring entity, which shall retain the copy for at least two years.

4. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to effectuate the purposes of this act.

5. This act shall take effect on the first day of the seventh month next following the date of enactment, but the Director of the Division of Consumer Affairs may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill is designed to promote access to health care among New Jerseyans through the use of qualified health care professionals who are authorized to practice outside of New Jersey but are not licensed or certified in this State.

The bill provides specifically as follows:

· A health care professional may provide health care services on a voluntary basis at a sponsoring entity without being licensed or certified to practice as a health care professional in this State, provided that the health care professional:

-- is duly licensed, or otherwise authorized to practice the profession, by any state or territory of the United States, and his license or other authorization is not suspended or revoked pursuant to disciplinary proceedings in any jurisdiction;

-- restricts his licensed or otherwise authorized services and duties solely to the provision of care or treatment at a sponsoring entity;

-- provides only the care or treatment that the health care professional is licensed or otherwise authorized to provide by any state or territory of the United States; and

-- provides a copy of his current out-of-state license or other authorization to practice to the sponsoring entity, which shall retain the copy for at least two years.

· The bill defines:

-- "health care professional" to mean a physician, dentist, nurse, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes or under a comparable provision of law in another state or territory of the United States;

-- "sponsoring entity" to mean a nonprofit free-standing clinic that is not owned or controlled by a licensed health care facility or a federally qualified health center; and

-- "voluntary basis" to mean that the health care professional provides the health care services, in association with a sponsoring entity, without charge to the patient or to a third party on the patient's behalf.

· The bill takes effect on the first day of the seventh month next following the date of enactment, but authorizes the Director of the Division of Consumer Affairs to take anticipatory administrative action in advance as necessary for its implementation.