July 6, 2022

Volume XII, Number 187

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July 05, 2022

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January 2022 State Regulatory Developments

Below are the most recent health care related regulatory developments as published in the New Jersey Register in January 2022:

  • On January 3, 2022, at 54 N.J.R. 1, the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Psychological Examiners, proposed amendments that allow for an online administration of the jurisprudence examination which applicants for a license to practice psychology in NJ must take. See proposed N.J.A.C. 13:42-3.1, 3.2, 3.6, 5.1, 5.3, 5.4 and 10.21.

  • On January 3, 2022, at 54 N.J.R. 52(a), the Department of Health, Public Health Services Branch Office of Local Public Health readopted licensure of persons for public health positions with technical changes. See readopted N.J.A.C. 8:7.

  • On January 3, 2022, at 54 N.J.R. 54(a), the Department of Health, Health Systems Branch, Certificate of Need and Licensing Division, Certificate of Need and Healthcare Facility Licensure Program readopted the standard for licensure of assisted living residences, comprehensive personal care homes, and assisted living programs with technical changes. See readopted N.J.A.C. 8:36.

  • On January 3, 2022, at 54 N.J.R. 60(a), the Department of Health, Health Systems Branch, Certificate of Need and Licensing Division, Certificate of Need and Healthcare Facility Licensure Program, readopted the manual of standards for licensing of ambulatory care facilities with technical changes. See readopted N.J.A.C. 8:43A.

  • On January 3, 2022, at 54 N.J.R. 65(a), the Department of Health, Integrated Health Branch, readopted and recodified the interim assistance procedures manual with technical changes. See readopted N.J.A.C. 10:38 as 8:133.

  • On January 3, 2022, at 54 N.J.R. 73(a), the Department of Banking and Insurance, Division of insurance readopted the health maintenance organizations with technical changes. See readopted N.J.A.C. 11:24.

  • On January 3, 2022, at 54 N.J.R. 83(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Dentistry adopted the following amendments:

  • Amending N.J.A.C. 13:30-1A.4 to reflect that the scope of practice of a Dental Hygienist under general supervision in a school setting may include, upon consent of a parent or guardian, preventative measures including biofilm with prophy paste containing fluoride.

  • Amending N.J.A.C. 13:30-8.2 and 8.3 to reflect that the inspection and approval by the Board of Dentistry of offices in which parenteral conscious sedation is performed shall occur every five (5) years, rather than every (6) years. N.J.A.C. 13:30-1A.4, 8.2, and 8.3.

  • On January 3, 2022, at 54 N.J.R. 87(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Nursing adopted a new rule regarding exit examinations. This rule requires that nursing programs administer a comprehensive examination at the end of the program. This exam shall not affect the students’ ability to graduate or take a licensing exam. See adopted N.J.A.C. 13:37-1.21.

  • On January 3, 2022, at 54 N.J.R. 88(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Pharmacy adopted amendments regarding opioid warning labels. When a pharmacist dispenses a prescription for an opioid medication, they must affix a warning to the bottle that states “opioid risk of addiction and overdose,” along with other requirements. See adopted N.J.A.C. 13:39-7.12.

  • On January 18, 2022, at 54 N.J.R. 115(a), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Dentistry proposed amendments to N.J.A.C. 13:30-8.18 that would be a substantial changes to limitations on prescribing, administering, or dispensing of controlled dangerous substances, and would provide that when a licensee issues a prescription for an opioid drug that is a controlled dangerous substance to a patient, the licensee shall also issue the patient a prescription for an opioid antidote when: (1) the patient has a history of substance use disorder; (2) the prescription for the opioid drug is for a daily dose of more than 90 morphine milligram equivalents; or (3) the patient holds a current, valid prescription for a benzodiazepine drug that is a Schedule III or Schedule IV controlled dangerous substance. See proposed N.J.A.C. 13:30-8.18.

  • On January 18, 2022, at 54 N.J.R. 117(a), the Department of Law and Public Safety, Division of Consumer Affairs, New Jersey Board of Nursing proposed substantial changes regarding limitations on prescribing, administering, or dispensing of controlled dangerous substances, and special requirements for management of acute and chronic pain (co-prescribing opioid antidote). See proposed N.J.A.C. 13:37-7.9A.

  • On January 18, 2022, at 54 N.J.R. 118(a), the Department of Law and Public Safety, Division of Consumer Affairs, New Jersey State Board of Optometrists proposed substantial changes regarding limitations on prescribing, administering, or dispensing of controlled dangerous substances, and special requirements for management of acute and chronic pain (co-prescribing opioid antidote). See proposed N.J.A.C. 13:38-2.5.

  • On January 18, 2022, at 54 N.J.R. 119(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Polysomnography proposed new rules regarding telemedicine and telehealth. See proposed N.J.A.C. 13:44L-7.

  • On January 18, 2022, at 54 N.J.R. 149(a), the Department of Health, New Jersey Healthcare Facilities Financing Authority readopted prevailing wage rates for workers employed in the performance of construction contracts for New Jersey Heath Care Facilities. See readopted N.J.A.C. 8:95.

  • On January 18, 2022, at 54 N.J.R. 149(b), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Dentistry adopted new rules regarding telemedicine and telehealth. See adopted N.J.A.C. 13:30-9.

  • On January 18, 2022, at 54 N.J.R. 152(b), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Nursing adopted amendments, adopted a new rule, and adopted a repeal regarding education programs. Changes were made to application for establishment of a new program in nursing, provisional accreditation, faculty responsibility for philosophy/missions, and student learning outcomes, maintaining accreditation, preceptors, renewing accreditation, waiver of on-site visits, changes to a nursing program, and other subsections. See adopted N.J.A.C. 13:37-1.2, 1.3, 1.5, 1.6, 1.7, 1.8, 1.13, 1.14, 1.15, 1.16, 1.18, 1.19; See repeal N.J.A.C. 13:37-1.17; See adopted new rule N.J.A.C. 13:37-1.10A.

  • On January 18, 2022, at 54 N.J.R. 156(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Pharmacy adopted amendments regarding fees for out-of-state pharmacies. These fees include $275 for an application permit, $275 for change of ownership/name, and $275 for change of location. See adopted N.J.A.C. 13:39-1.3.

  • On January 18, 2022, at 54 N.J.R. 156(b), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Pharmacy adopted amendments regarding the removal of the waiting period to retake the examination for licensure. See adopted N.J.A.C. 13:39-2.2 and 2A.5.

  • On January 18, 2022, at 54 N.J.R. 156(c), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Pharmacy adopted amendments that require the pharmacist to document that counseling was provided or refused at the time of prescription dispensing. See adopted N.J.A.C. 13:39-7.21.

  • On January 18, 2022, at 54 N.J.R. 157(a), the Department of Law and Public Safety, Division of Consumer Affairs, Occupational Therapy Advisory Council adopted new rules regarding telemedicine and telehealth. See adopted N.J.A.C. 13:44K-7.

Special thanks to Jessica Warwick, Law Student Intern

© 2022 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume XII, Number 68
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About this Author

Frank R. Ciesla, Giordano Law Firm Health Care Litigation Health Care Fraud and Abuse Tax Health & Hospital Law
Of Counsel

Mr. Ciesla is Chair Emeritus of the firm's Health Care Law Practice Area. His practice is primarily devoted to Health Care and Government Contracts Law. He counsels clients on legal developments facing healthcare providers in the modern health care environment. Firm clients include hospitals, nursing homes, physicians and physician groups, individual practice associations, home health agencies, ambulance carriers and industry-wide associations.

Mr. Ciesla advises such clients on business structures, mergers and consolidations, joint ventures, reorganization of health care providers...

732-741-3900
Beth Christian, Giordano Law firm, Health Care Attorney,Health Care Fraud and Abuse, Cannabis Law, Non-Profit Law
Shareholder

Ms. Christian's practice is devoted to Health Care Law and legal issues facing Health Care facilities licensed professionals and non-profit organizations. She has over twenty years of experience counseling clients on legal issues facing the modern health care and non-profit communities.

732-219-5485
Anjali Baxi, Giordano Halleran Law Firm, Healthcare Attorney, New Jersey health Law,Cannabis Law,Government Affairs,Business Transactions, Health Care Law Regulation, Medicare and NJ Medicaid Enrollment
Counsel

Anjali has been practicing law for 15 years, mainly focused on health care transactional and regulatory matters. She prepares and reviews LOIs, purchase agreements and other transaction documents for health care providers needed for the business transfer and necessary for the transfer of NJDOH and NJDHS licenses and provider numbers. She also reviews agreements required for the day to day operations of health care facilities.

She has counseled skilled nursing, assisted living, adult medical day care, outpatient facility clients and hospitals regarding NJDOH regulatory requirements,...

732-741-3900
Ari G. Burd, attorney at Giordano Law Firm, Labor & Employment New Jersey Cannabis Law, Health Care
Shareholder

Ari devotes his time to assisting and defending employers with regard to traditional employment issues. He frequently counsels employers for compliance with New Jersey laws and has extensive transactional and litigation experience.

Ari has litigated employment matters throughout the state, having made appearances in almost every Superior Court in New Jersey, as well as before both Federal District Courts in New Jersey and the Federal and State Courts in New York.  These actions have involved a diverse range of claims such as wrongful discharge, discrimination, harassment,...

732-741-3900
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