N.J. Admin. Code § 8:43I-3.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:43I-3.5 - Conditional certification

(a) An applicant for certification as a personal care assistant may be issued a conditional certification and may be employed in the capacity of a personal care assistant for a period of up to 120 days, as follows:

1. The Department will issue a conditional certification to the applicant for a period not to exceed 120 days if the application demonstrates that the candidate has provided a sworn statement indicating that he or she has not been convicted of any of the offenses listed at 8:43I-2.3, and has not been placed on the Department's Abuse Registry pursuant to 8:39-43.7(b).

2. All conditional certification documents issued by the Department shall bear the issue and expiration date, and are non-renewable.

3. Nothing in this chapter shall be construed as to permit an individual with a conditional certification authority to perform those duties of a personal care assistant for which the applicant has not yet been trained or authorized to perform.

4. If a conditionally certified applicant is disqualified from certification, the Department shall issue a notice to the applicant and employer, if known. The notice to the employer shall state that the applicant is disqualified, but shall not disclose the offenses upon which the disqualification is based.

i. Upon receipt of the notice, the employer or sponsor agency shall immediately remove the person from duties which require regular contact with patients, residents or clients. The person shall not have unsupervised contact with any patient, resident or client, nor shall the property of those persons be entrusted to any disqualified applicant.

ii. If the employer or sponsor agency receives notice from the Department that the applicant has filed for a hearing to contest the accuracy of their criminal history record background investigation, the person may remain employed pending a final decision on the person's petition, but the employer shall not permit the person to have unsupervised contact with elderly patients, residents or clients.

iii. The Department will notify the employer or sponsor agency of any requests for hearings, and the results of any hearings, within five days of receipt of such request or disposition.

N.J. Admin. Code § 8:43I-3.5