Sponsored by:
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Prohibits use of "Nurse" title by unlicensed person.
CURRENT VERSION OF TEXT
As reported by the Senate Commerce Committee on December 4, 2017, with amendments.
An Act concerning the practice of nursing and amending P.L.1947, c.262 and P.L.1991, c.377.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 15 of P.L.1947, c.262 (C.45:11-37) is amended to read as follows:
15. Violations of the act. It shall be unlawful for any person (including any corporation, partnership, association or individual):
a. After September 1, 1956, to practice or offer to practice professional nursing as defined by this act, unless such person holds an effective, unsuspended license as a registered nurse under this act; or
b. After September 1, 1959, to practice or offer to practice practical nursing or to represent that such person is a practical nurse unless such person holds an effective, unsuspended license as a practical nurse under this act; or
c. To represent in any way that such person is a registered nurse or to use the title "Nurse" or to use after his or her name the abbreviation "R.N." unless such person holds an effective, unsuspended license as a professional nurse under this act; or
d. To represent in any way that such person is licensed as a practical nurse or to use the title "Nurse" or "Licensed Practical Nurse" or to use after his or her name the abbreviation "L.P.N." unless such person holds an effective, unsuspended license as a practical nurse under this act; or
e. To conduct or to represent in any way that such person conducts a school for professional nursing, unless such person holds an affective, unsuspended certificate of accreditation under this act; or
f. After January 1, 1950, to conduct or to represent in any way that such person conducts a school for practical nursing unless such person holds the subsisting, unsuspended approval of the board; or
g. To obtain or attempt to obtain by fraud a license or renewal thereof or a certificate of accreditation or a renewal thereof under this act; or
h. To represent in any way that such person is authorized to issue a license for the practice of professional nursing or practical nursing or a certificate of accreditation for a school of professional nursing; or
i. To transfer, offer to transfer, or permit the use by another of any license issued under this act; or
j. Without the approval of the board, to transfer, offer to transfer, or permit the use by another of a certificate of accreditation issued under this act; or
k. Otherwise to violate any provision of this act; or
l. To aid or abet any person to violate any provision of this act.
Every person violating any of the foregoing provisions of this section shall be subject to a penalty of $200.00 for each violation, and if after conviction as hereinafter provided such person shall again violate any provision of this act, such person shall be subject to a penalty of $500.00 for each subsequent offense. A voluntary payment of a penalty for a violation of any provision of this act shall be deemed to be a conviction rendering such person liable for the greater penalty for subsequent violations, and the continuation of an offense after conviction shall be deemed to be a subsequent offense.
1No provision of this section shall be construed to prohibit the use of any title or abbreviation, or to prohibit services rendered, in accordance with the practice of the religious tenets of any well-recognized church or denomination which subscribes to the art of healing by prayer.1
(cf: P.L.1957, c.235, s.3)
REPLACE SECTION 2 TO READ:
2. Section 7 of P.L.1991, c.377 (C.45:11-46) is amended to read as follows:
7. a. (1) No person shall practice as an advanced practice nurse or present, call or represent himself as an advanced practice nurse unless certified in accordance with section 8 or 9 of P.L.1991, c.377 (C.45:11-47 or 45:11-48).
(2) Nothing in this act shall be construed to limit, preclude, or otherwise interfere with the practices of other persons licensed by appropriate agencies of the State of New Jersey, provided that such duties are consistent with the accepted standards of the person's profession and the person does not represent himself as an advanced practice nurse.
b. No person shall assume, represent himself as, or use the title or designation advanced practice nurse, the title "Nurse," or the abbreviation "A.P.N." or any other title or designation which indicates or implies that he is an advanced practice nurse unless certified pursuant to section 8 or 9 of P.L.1991, c.377 (C.45:11-47 or 45:11-48).
c. Whenever the titles or designations "nurse practitioner," "clinical nurse specialist" or "nurse practitioner/clinical nurse specialist" occur or any reference is made thereto in any law, contract or document, the same shall be deemed to mean or refer to the title or designation "advanced practice nurse."
1No provision of this section shall be construed to prohibit the use of any title or abbreviation, or to prohibit services rendered, in accordance with the practice of the religious tenets of any well-recognized church or denomination which subscribes to the art of healing by prayer.1
(cf: P.L.1999, c.85, s.5)
3. This act shall take effect immediately.