New Jersey - Volume XIV, Number 1 - January, 2005

NEW REQUIREMENTS UNDER NEW JERSEY’S WHISTLEBLOWER LAW Recently enacted amendments to New Jersey’s Conscientious Employee Protection Act (“CEPA”), also known as the state’s “whistleblower law,” require New Jersey employers with 10 or more employees to distribute annually a written or electronic notice to employees stating the employees’ protections, obligations, rights and procedures under CEPA. Previously, only a posted notice of the employees’ protections and obligations was required, and only in English. The amendments require that both the posted notice and the annually distributed notice be in English, Spanish, and, at the employer’s discretion, any other language spoken by a majority of the employer’s employees. The information to be provided now also includes an employee’s “rights and procedures” under CEPA. The notice must include the name of the person designated by the employer to receive written notifications of alleged wrongdoing. CEPA generally requires that an employer not take any retaliatory action against an employee who discloses illegal activity or objects to or refuses to participate in an activity, policy or practice that the employee reasonably believes to be illegal, fraudulent, criminal or incompatible with a clear mandate of public policy. Where the employee is a licensed or certified health care professional, the objectionable activity covered by CEPA includes improper quality of patient care. The required CEPA notice, to be adapted with your practice’s specific information, is available for download, in both English and Spanish, at the KACS website, www.drlaw.com. Contact Bob Conroy or Bonnie Weir, at 908-704-8585, for more information and to discuss updating your employee manual regarding CEPA and other legal mandates imposed on employers.

NEW JERSEY MEDICAL BOARD PROPOSES FEE INCREASES The New Jersey State Board of Medical Examiners (“Board”) is proposing to increase initial registration fees and biennial registration renewal fees for physicians and other Board licensees. By law, all New Jersey professional and occupational licensing boards must fund their operating costs through the assessment of licensing and other fees at a level that will raise sufficient funds to meet, but not exceed, the amount needed to cover costs. In addition to increased legal and labor costs, the Board cites increased operating costs due to the newly mandated physician profiling system, which is currently being implemented by the Board and purportedly will result in an anticipated budget deficit by the end of this fiscal year ending June 30, 2005. In addition, the Board office is installing a new telephone system to handle the volume of calls it receives, and enhancements to the licensing system which will allow individuals to apply for and renew their medical licenses through the Internet. Furthermore, 23 new staff positions are budgeted, including a newly mandated Director of Education, and new customer service representatives and additional staff to review and process consumer complaints. The initial registration fee for physicians is proposed to be increased from $340.00 to $610.00 for fees paid during the first year of a biennial renewal period and from $170.00 to $305.00 for fees paid during the second year of a biennial renewal period. The biennial registration renewal fee is proposed to be increased from $340.00 to $610.00. Comments on this proposal should be submitted to the Board by March 19th.

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