New Jersey Administrative Code
Title 8 - HEALTH
Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES
Subchapter 43 - CERTIFICATION OF NURSE AIDES IN LONG-TERM CARE FACILITIES
Section 8:39-43.5 - Revocation and suspension of certificates
Current through Register Vol. 56, No. 6, March 18, 2024
(a) A certificate issued to a nurse aide in accordance with this subchapter shall be revoked in the following cases:
(b) The Commissioner or his or her designee may summarily suspend the certificate of a nurse aide when the continued certification of an individual poses an immediate threat to the health, safety or welfare of the public, including residents and patients of long-term care facilities, assisted living facilities and other licensed health care facilities or agencies. An individual whose certificate is summarily suspended shall have the right to appeal to the Commissioner for an expedited hearing at the Office of Administrative Law, which shall be conducted pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. If the summary suspension is upheld at the Office of Administrative Law, the individual whose certificate has been summarily suspended shall have the right to apply for injunctive relief in the Superior Court of New Jersey. Nothing in this subsection shall be construed to prevent the Commissioner from thereafter revoking the license in accordance with (a) above.