26:2K-8.1 Licensure disqualification, revocation; criminal history record background check; relicensure conditions.
710 words·~3 min read·
/nj/title-26/chapter-2k/26-2k-8-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
3. a. The department shall not issue a license to a candidate as a mobile intensive care paramedic unless the commissioner first determines, consistent with the requirements of sections 3 through 5 of P.L.2022, c.118 (C.26:2K-8.1 through C.26:2K-8.3), that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police, which would disqualify that person from being licensed.
A mobile intensive care paramedic licensed by the department prior to the effective date of P.L.2022, c.118 (C.26:2K-8.1 et al.) upon whom a criminal history record background check has not been conducted pursuant to this act, shall be required to undergo that criminal history record background check as a condition of that individual's initial relicensure following the effective date of P.L.2022, c.118 (C.26:2K-8.1 et al.). In addition, a follow-up criminal history record background check of federal records shall be conducted at least once every two years as a condition of relicensure for every mobile intensive care paramedic.
b. A person shall be disqualified from licensure if that person's criminal history record background check reveals a record of conviction of any of the following crimes or offenses:
(1)In New Jersey, any crime or disorderly persons offense:
(a)involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq., or N.J.S.2C:15-1 et seq.; or
(b)involving arson as set forth in N.J.S.2C:17-1 or causing or risking widespread injury or damage as set forth at N.J.S.2C:17-2; or
(c)involving forgery and fraudulent offenses as set forth in chapter 21 of Title 2C of the New Jersey Statutes; or
(d)against the family, children, or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:24-1 et seq.; or
(e)involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes; or
(f)involving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes; or
(g)that would qualify the person for registration pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2).
(2)In any other state or jurisdiction, of any crime or disorderly persons offense involving conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in paragraph
(1)of this subsection.
c. Except for a disqualification based on conviction for a crime enumerated in subparagraph
(g)of paragraph
(1)of subsection b. of this section or a crime in any other state or jurisdiction which, if committed in New Jersey, would constitute a crime enumerated in subparagraph
(g)of paragraph
(1)of subsection b. of this section, no person shall be disqualified from licensure on the basis of any conviction disclosed by a criminal history record background check performed pursuant to the requirements of this act if the person has affirmatively demonstrated to the commissioner clear and convincing evidence of the person's rehabilitation. In determining whether a person has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1)the nature and responsibility of the position which the convicted person would hold, has held or currently holds, as the case may be;
(2)the nature and seriousness of the offense;
(3)the circumstances under which the offense occurred;
(4)the date of the offense;
(5)the age of the person when the offense was committed;
(6)whether the offense was an isolated or repeated incident;
(7)any social conditions which may have contributed to the offense; and
(8)any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the person under their supervision.
d. If a person subject to the provisions of sections 3 through 5 of P.L.2022, c.118 (C.26:2K-8.1 through C.26:2K-8.3) refuses to consent to, or cooperate in, the securing of a criminal history record background check, the commissioner shall, as applicable:
(1)not issue a mobile intensive care paramedic license; or
(2)revoke the person's mobile intensive care paramedic license.
L.2022, c.118, s.3.