ASSEMBLY, No. 2364

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED FEBRUARY 3, 2020

 

 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

 

 

 

 

SYNOPSIS

     Creates certain reporting standards for massage and bodywork therapists, establishes parental permission standards for services to clients under 18.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning massage and bodywork therapists and supplementing P.L.1999, c.19 (C.45:11-53 et seq.).

 

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

 

     1.    As used in this act:

     "Conviction" means a judgment or conviction entered following a plea agreement or trial on an arrest, indictment, accusation, or bill of particulars in a state or federal criminal proceeding, or the resolution of charges, by a plea of no contest or nolo contendere, or by pre-trial diversion program.

     "Disciplinary order" means a disposition suspending or revoking licensure privileges, imposing civil penalties, ordering the restoration of money, ordering corrective action, medical or other professional treatment or monitoring, or censuring or reprimanding a licensee.

     "Licensing authority" means a professional or occupational licensing board as provided in section 1 of P.L.1970, c. 60 (C.45:1-2.1).

     "Medical condition" includes physiological, mental, or psychological conditions or disorders, such as, but not limited to, orthopedic, visual, speech, or hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional or mental illness, specific learning disabilities, HIV, tuberculosis, drug addiction, or alcoholism.

 

     2.    a.  A licensee shall report to the board any incident that the licensee, in good faith, believes is in violation of P.L. 1978, c. 73 (C.45:1-14 et seq.) or P.L.1999, c.19 (C.45:11-53 et seq.).

     b.    A licensee possessing information that reasonably indicates that another licensee or other health care professional has demonstrated an impairment, gross incompetence, or unprofessional conduct that would present an imminent danger to an individual or to the public health, safety, or welfare shall file a report with the Division of Consumer Affairs Health Care Professional Information Clearing House Coordinator and the board.

 

     3.    A licensee shall provide notice to the board in writing within 10 days of any of the following:

     a.     The licensee becoming incapable of discharging the functions of a licensee in a manner consistent with the public's health, safety, and welfare due to a medical condition or any other cause;

     b.    Any pending or final action for a criminal violation of any law, rule, or regulation, or any arrest or conviction of the licensee for any criminal or quasi-criminal offense pursuant to the laws of the United States, this State, or another state;

     c.     The licensee being named as a defendant or respondent in a civil, criminal, or administrative investigation, complaint, or judgment involving alleged malpractice, negligence, or misconduct relating to the licensee's practice;

     d.    Any action by an employer conditioning, curtailing, limiting, suspending, or revoking the licensee's employment grounded, in whole or in part, upon client care concerns;

     e.     The licensee being subject to disciplinary actions by state licensing authorities including, but not limited to, being the subject of any voluntary license or certification surrender or any disciplinary action or order by any state or federal agency, board, or commission, including any order of limitation or preclusion; or

     f.     The licensee being subject to an action by appropriate professional organizations.

 

     4.    Failure by a licensee to provide the board with notice of any information required pursuant to this act within the required time period of the change or the event necessitating the filing of the notice may be deemed professional misconduct within the meaning of subsection e. of section 8 of P.L.1978, c. 73 (C.45:1-21).

 

     5.    a.  If a client is under the age of 18, a licensee shall provide massage and bodywork services only when the client's parent or legal guardian has provided written consent to the licensee providing services to the client.

     b.    If a client is under the age of 16, a licensee shall provide massage and bodywork services only when the client's parent or legal guardian is in the room while services are being provided.

 

     6.    This act shall take effect immediately.

 

STATEMENT

 

     This bill creates certain requirements and reporting standards for massage and bodywork therapists. Specifically, this bill would require massage and bodywork therapists to report observations of misconduct, and their own medical incapacities, criminal charges, employer actions, actions by licensing authorities, Department of Health actions, and actions by professional review organizations to the New Jersey Board of Massage and Bodywork Therapy.  It would also require that a licensee only provide massage or bodywork services to a client under the age of 18 when the client's parent or legal guardian has provided written consent, and only provide services to a client under the age of 16 when the client's parent or legal guardian is present.

     The regulations and reporting standards of the bill bill codify a regulation promulgated by the Attorney General's office.