N.J. Admin. Code § 13:37-14.9

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:37-14.9 - Application for CHHA certification

(a) An applicant for certification as a CHHA shall submit the following to the Board:

1. Evidence that the applicant satisfactorily completed a CHHA training program approved by the Board, including the competency evaluation examination required by 13:37-14.4(j);

2. Evidence that the applicant has completed the education requirements of (b) below;

3. A completed Criminal History Certification of Authorization form for the applicant;

4. Proof that the applicant is employed, or will be employed, by a home care services agency; and

5. The application fee and initial certification fee as set forth in 13:37-5.5(b).

(b) Applicants for certification shall qualify for certification by either:

1. Completing a CHHA training program approved by the Board pursuant to 13:37-14.6;

2. Holding certification as a nurse aide from the Department of Health and completing a course that covers the information required by 13:37-14.5; or

3. Successfully completing a clinical nursing course in a registered professional nursing education program or a licensed practical nursing education program, which includes basic nursing theory and skills.

(c) An applicant shall have completed the education required by (b)1 or 3 above no more than six months prior to an application for certification being submitted to the Board. An education program completed more than six months prior to submission shall not qualify an applicant for certification.

(d) When the results of a criminal history background check revealing a conviction for a crime or disorderly persons offense have been received by the Board, the applicant and the applicant's prospective employer, if known, shall be notified that the Board has made a preliminary determination that the applicant is disqualified. The notice provided to the applicant shall also set forth:

1. The basis for the preliminary determination that the applicant is disqualified;

2. The applicant's right to provide evidence to the Board, within 30 days of receipt of the notice, contesting the accuracy of the criminal history background check; and

3. In the event that the applicant truthfully disclosed the conviction in the application, the applicant's right to provide evidence to the Board, within 30 days of receipt of the notice, affirmatively demonstrating rehabilitation and an identification of the factors that the Board will consider in determining whether the applicant has clearly and convincingly demonstrated rehabilitation, as set forth at N.J.S.A. 45:11-24.3(b).

(e) If the applicant submits evidence contesting the accuracy of the criminal history background check or demonstrating rehabilitation, notice of the submission shall be provided to the applicant's prospective employer, if known.

(f) Upon its review of the results of a criminal history background, and any evidence pertaining to accuracy or rehabilitation, if applicable, the Board shall render one of the following dispositions:

1. Issue a homemaker-home health aide certificate to the applicant, if the criminal history background check indicated that the applicant has never been convicted of any crime or disorderly persons offense;

2. Issue a homemaker-home health aide certificate to the applicant, if the Board determines that the applicant has submitted sufficient information to establish to the Board that the criminal history background check is inaccurate or to clearly and convincingly demonstrate rehabilitation;

3. Provide an applicant with additional time to supplement the evidence presented regarding rehabilitation, in writing or via an opportunity to be heard if there are material facts in dispute;

4. Provide an applicant with additional time to supplement the evidence relating to the accuracy of the criminal history background check, in writing or via an opportunity to be heard if there are material facts in dispute; or

5. Deny the application for a homemaker-home health aide certificate, providing reasons for the denial and designating the period of time that the applicant will be barred from reapplication, if the Board determines that the applicant has failed to submit sufficient information to clearly and convincingly demonstrate rehabilitation and:

i. The criminal history background check accurately reflects that the applicant has been convicted of a disqualifying crime or disorderly persons offense, as set forth at N.J.S.A. 45:11-24.3.b; or

ii. The criminal history background check accurately reflects that the applicant has been convicted of a crime or offense, which has not been categorized as disqualifying, but otherwise involves moral turpitude or is related adversely to the activity regulated by the Board, pursuant to N.J.S.A. 45:1-21.f.

(g) If the applicant fails to contest the accuracy of the criminal history background check or submit evidence of rehabilitation within 30 days of the notification pursuant to (d) above, the application will be considered abandoned.

(h) If an applicant submits, as part of the application, a sworn statement asserting that he or she has not been convicted of a crime or disorderly persons offense that is false, he or she shall be disqualified from certification as a homemaker-home health aide and shall not have an opportunity to establish rehabilitation pursuant to N.J.S.A. 45:11-24.3 and may be subject to penalty, including a bar from reapplication for a period of time and a fine of up to $ 1,000, pursuant to N.J.S.A. 45:11-24.9.

(i) The Board shall notify the applicant and the applicant's prospective employer, if known, of the disposition on the application.

N.J. Admin. Code § 13:37-14.9

Amended and Renumbered from 13:37-14.10 by 48 N.J.R. 423(a), effective 3/7/2016

Amended by 50 N.J.R. 212(a), effective 1/2/2018