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February 2013 Healthcare Law and Regulatory Developments

Here are the most recent health care related regulatory developments as published in the New Jersey Register on February 4, 2013:

  • On February 4, 2013 at 45 N.J.R. 191, the Department of Health published notice of its proposed amendments to its rules governing the Atlantic Cardiovascular Patient Outcomes Research Team (Atlantic C-PORT-E) demonstration project.  The proposed amendments would permit existing demonstration projects to continue to provide elective PCI services, while providing sufficient time for the Department to seek to establish a future statewide policy regarding the provision of elective angioplasty at hospitals with and without on-site cardiac surgery services.
  • On February 4, 2013 at 45 N.J.R. 194, the Department of Health published notice of its proposal of amendments to its rules and the proposal of a new rule designed to identify and support the needs of breastfeeding mothers and children and to provide support for breastfeeding in the hospital setting.
  • On February 4, 2013 at 45 N.J.R. 200, the State Board of Nursing published notice of its proposed repeal of its existing rule which requires a licensee to be held to the level of practice associated with his or her licensure as a registered professional nurse or licensed practical nurse, regardless of employment status.  The current rule specifies that when a registered professional nurse is employed as a licensed practical nurse, he or she will be held to the standards of a registered professional nurse.  The New Jersey Hospital Association had reached out to the Board of Nursing with concerns about the rule, since it has been interpreted as prohibiting hospitals or other health care facilities from employing a nurse in any role other than as a registered professional nurse or a licensed practical nurse.  The Board of Nursing indicated that while the rule does not prohibit such employment, the rule is being proposed for repeal in order to remove any perceived barriers to employment.
  • On February 4, 2013 at 45 N.J.R. 201, the State Board of Pharmacy published notice of its proposal of amendments to its rules clarifying the duties of pharmacy interns, pharmacy externs, pharmacy technicians, pharmacy technician applicants and unlicensed and unregistered pharmacy personnel.
  • On February 4, 2013 at 45 N.J.R. 214, the State Board of Medical Examiners and the State Board of Pharmacy published notice of their joint adoption of new rules governing collaborative practice arrangements between pharmacists and physicians.  Under the new rules, physicians and pharmacists would be able to enter into collaborative practice agreements through which the pharmacist would receive authority, under the supervision of the physician, to perform the functions outlined in the collaborative practice agreement in accordance with state laws and regulations.  The collaborative practice arrangement would be for the purpose of collaborative drug therapy management of patients.
  • On February 4, 2013 at 45 N.J.R. 220, the State Board of Psychological Examiners published notice of its adoption of amendments to its rules governing examinations for psychologists, temporary permits for training pending examination, and initial qualifications for psychologists.
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