NJ Cracks Down On Sexual Misconduct Of Licensed Professionals

NEW JERSEY - The Garden State is cracking down on sexual misconduct by professionals licensed by the 51 boards and committees operating under the supervision of the Attorney General’s Division of Consumer Affairs, according to Attorney General Gurbir S. Grewal. The directive will affect approximately 700,000 licensees, including physicians, massage therapists, and counselors.

“Sexual misconduct is completely unacceptable in any workplace, but it is especially reprehensible when it happens behind the closed doors of doctors’ offices, massage therapy rooms, and other places where licensed professionals exploit the vulnerability of patients and clients who trust them,” said Governor Phil Murphy. “My administration is committed to setting a high standard for workforce policies and giving marginalized voices the ability to hold perpetrators accountable. The directive issued by Attorney General Grewal today furthers that effort by calling for reforms that will better prevent sexual misconduct by licensed professionals in New Jersey and better serve victims of sexual misconduct.”

In an Administrative Executive Directive issued today, Grewal called on the Division to work with the 51 boards and committees to adopt new policies, and improve existing processes, to help prevent sexual misconduct from occurring promote accountability among licensees, and ensure that victims who come forward to report incidents of sexual misconduct receive the support they deserve.

“We are cracking down on sexual misconduct across this state, and that includes misconduct by licensed professionals,” said Grewal. “As more victims of sexual assault and harassment have found the courage in recent years to report their offenders and share their stories, we have learned more about the pervasiveness of sexual misconduct by professional licensees, and we are taking action to combat it. The Directive issued today reflects my commitment to work with all of our professional boards and committees to ensure we are making full use of all available tools – including the boards’ regulatory and enforcement powers – to protect the public, hold licensees accountable for misconduct, and provide justice for victims.”

The boards and committees supported by the Division oversee hundreds of thousands of active licensees: from accountants, doctors, and acupuncturists to plumbers, massage therapists, and social workers.

The Division and many of its professional boards have for years been actively addressing the problem of sexual misconduct by licensees – both through individual enforcement actions and rulemaking.

Administrative Executive Directive No. 2021-3 calls on the Division to work with the professional boards and committees to initiate specific changes and adopt best practices to address the problem of sexual misconduct through prevention, accountability, and victim support. Those changes include:

Preventing Sexual Misconduct

• Improving the screening of applicants – Current application forms for initial and renewed licensure are intended to require applicants to disclose certain findings or allegations of past criminal behavior or professional discipline. To better screen applicants, the Division will work with boards to refine those questions to more clearly and specifically require disclosure of allegations or discipline related to past sexual misconduct.
• Educating professionals about sexual misconduct before they begin practicing ­–Training on topics related to sexual misconduct, such as bystander intervention, should be part of professional education from the outset, and it is in many professional education programs. The Division will reach out to professional schools and training programs in New Jersey to support developing further training on these topics.
• Improving post-licensure continuing education – To ensure licensees maintain an up-to-date understanding of the rules and best practices relating to sexual misconduct, the Division will work with the Board of Medical Examiners to develop a potential proposal for mandatory continuing education on sexual misconduct prevention, bystander intervention, and human trafficking prevention. That proposal will then be followed, where authorized and as appropriate, by related proposals for other boards.

Promoting Accountability for Sexual Misconduct

• Encouraging licensees’ reporting of misconduct by other licensees – Health care professionals are required to tell the Division if they have information that indicates that another health care professional has demonstrated unprofessional conduct that presents an imminent danger to the public, including sexual misconduct. To promote this kind of third-party reporting of sexual misconduct, the Division will begin offering new trainings to better educate health care professionals about this requirement.
• Strengthening enforcement for failure to report – In addition to improving training for health care professionals on their legal duty to report other licensees’ misconduct, every sexual misconduct investigation conducted by the Division should include an assessment of whether any other health care professional knew of the misconduct and failed to report it.
• Prepare recommendations for legislation to protect complainants’ privacy ­– Boards already take many steps to protect confidentiality, including by using only the complainant’s initials in filings in disciplinary cases. However, legislation to better protect complainants’ privacy would address one reason some victims may not report sexual misconduct to the boards. The Division will prepare recommendations for legislation to prevent disclosure of information generated by or on behalf of a victim of sexual misconduct.

Ensuring That Victims Receive the Support They Deserve

• Educating patients and consumers about how to recognize and report sexual misconduct in professional settings – The Division will offer educational resources to help individuals understand behaviors that should be expected of health care and other professionals, and recognize behaviors that may constitute sexual misconduct. These resources will also outline what individuals can do if a health care or other professional behaves in a sexually inappropriate way.
• Educating victims about the disciplinary process – Individuals who are considering filing a complaint with a professional board should have a clear understanding of the boards’ disciplinary process. The Division has prepared an overview for victims on what happens after they file a complaint, which will be made available online and to potential complainants in multiple languages.
• Expanding the use of patient/consumer navigators – Navigators can help guide victims through the investigative and disciplinary process; act as liaisons between victims and the boards; and ensure boards are attuned to the interests of victims. The Board of Medical Examiners already has a staff member performing this role. The Division will hire an additional navigator to work with other boards, as well. These navigators will be trained on best practices for supporting victims.

“The New Jersey Coalition Against Sexual Assault applauds these efforts to strengthen public education and offender accountability mechanisms and appreciates the strong leadership of the Department of Community Affairs and the Office of the Attorney General,” said Patricia Teffenhart, Executive Director of the New Jersey Coalition Against Sexual Assault. “These reforms are being suggested in direct response to survivors’ voices and we look forward to continuing to work with our partners across systems as we move into the implementation and assessment phases this process.”

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