October 26, 2020

Volume X, Number 300

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March and April 2020 State Regulatory Developments

Here are the most recent health care related regulatory developments as published in the New Jersey Register in March and April 2020:

  • On March 2, 2020, at 52 N.J.R. 10(a), Department of Law and Public Safety, Division of Consumer Affairs, the Board of Nursing issued a rule proposal to amend N.J.A.C. 13:37 Subchapter 1, relating to nursing programs. The proposed amendments would require nursing program administrators to have three years of experience with a background in developing curriculum; limit the body of graduates that will affect a nursing program’s licensing examination pass rate; delete requirements that faculty members who teach online have a New Jersey license; and require half of the faculty in practical nursing programs to hold master’s degrees. The Board proposes these amendments and new rules in recognition of the ongoing evolution of the role of registered professional nurses and licensed practical nurses with the goal of ensuring that individuals entering the nursing professional receive a high-quality education that equips them to provide nursing services in a safe and effective manner.

  • On March 2, 2020, at 52 N.J.R. 474(a), Department of Law and Public Safety, Division of Consumer Affairs, Board of Medical Examiners adopted new telemedicine regulations that are applicable to athletic trainers. The new adopted regulations are at N.J.A.C. 13:35-10.26 through 10.33.

  • On March 2, 2020, at 52 N.J.R. 476(a), Department of Law and Public Safety, Division of Consumer Affairs, Board of Medical Examiners, Electrologists Advisory Committee adopted amendments to N.J.A.C. 13:35-12.6 and 12.19, related to licensure of electrologists, electrology instructors and electrology standards of practice and continuing education requirements.

  • On March 2, 2020, at 52 N.J.R. 477(a), Department of Law and Public Safety, Division of Consumer Affairs, Board of Pharmacy, adopted amendment to N.J.A.C. 13:39-3A.2 with no changes. The Board considered and rejected the request of allowing a limited number of credits to be approved and applied toward license renewal after attending non-pharmacy conferences and seminars.

  • On March 2, 2020, at 52 N.J.R. 477(b), Department of Law and Public Safety, Division of Consumer Affairs, Certified Psychoanalysts Advisory Committee adopted a new telemedicine regulations for state certified psychoanalysts at N.J.A.C. 13:42A. “State-certified psychoanalyst” means an individual certified by the Director as a psychoanalyst.

  • On March 2, 2020, at 52 N.J.R. 479(a), Department of Law and Public Safety, Division of Consumer Affairs, State Board of Social Work Examiners, adopted an amendment to N.J.A.C. 13:44G-6.2 to require at least one of the prescribed contact hours of continuing education in topics concerning prescription opioid drugs, including the risks and signs of opioid abuse, addiction, and diversion.

  • On March 16, 2020, at 52 N.J.R. 520(a), the Department of Human Services, Division of Medical Assistance and Health Services adopted new rules regarding The County Option Hospital Fee Pilot Program for eligible counties. An eligible county means a county with a population greater than 250,000, according to the 2010 Federal decennial census, that contains a municipality that: (i) is classified, pursuant to N.J.S.A. 40A:6-4, as a First or Second Class municipality, or a Fourth Class municipality whose population exceeds 20,000; and (ii) has a Municipal Revitalization Index score, as last calculated by the New Jersey Department of Community Affairs prior to April 27, 2019, that exceeds 60. See N.J.A.C. 10:52B

  • On March 16, 2020, at 52 N.J.R. 529(a) Department of Law and Public Safety, Division of Consumer Affairs, State Board of Family Therapy has adopted new rules and amendments relating to Licensed Associate Marriage and Family Therapist rules; continuing education and professional.

  • On April 6, 2020, at 52 N.J.R. 666(a) the Department of Health issued a proposed rule at N.J.A.C. 8:53 to implement the requirements of P.L. 2017, c. 117, codified at N.J.S.A. 45:1-61 et seq. (the Act). The Act requires each telemedicine or telehealth organization operating in the State of New Jersey (State) to register with the Department prior to commencing services. The proposed new chapter implements the Act by setting forth the registration requirements for telemedicine and telehealth organizations and the penalties that may be imposed for failing to comply with these requirements. Registration for telemedicine or telehealth organization includes a nonrefundable fee of $ 1,500 with the submission of the registration application.  The registration form is the CN-25.  Comments due June 5, 2020.

  • On April 6, 2020, at 52 N.J.R. 676(a), Department of Law and Public Safety, Division of Consumer Affairs, Board of Medical Examiners proposed an amendment to 13:35-7.6, which addresses limitations on prescribing, administering, or dispensing of controlled dangerous substances; special requirements for management of acute and chronic pain. There is a proposed change in definition to “chronic pain,” and “initial prescription”, clarification that only a physician can manage multiple opioid prescriptions, and mandatory co-prescription of nalaxone. Comments due June 5, 2020.

  • On April 6, 2020, at 52 N.J.R. 815(a), Department of Law and Public Safety, Division of Consumer Affairs, Board of Medical Examiners published a Notice of Final Action on Petition for Rulemaking that was submitted on December 30, 2019, requesting the Board to amend N.J.A.C. 13:35-6.16, so that policies required by that rule indicate whether a physician has participated in the Medical Aid in Dying for the Terminally Ill Act, P.L. 2019, c. 59 (Act). The petitioner also requested that the Board provide this information as part of the website profile the Division maintains for each licensed physician. The Board rejected both requests.  No change was made to the rule.

  • On April 20, 2020, at 52 N.J.R. 827(a), the Office of the Governor published Executive Order No. 109 regarding suspension of elective surgery effective March 27, 2020 (overridden by Executive Order 145, which permits elective surgeries to resume on 5/26/2020).

  • On April 20, 2020, at 52 N.J.R. 829(a), the Office of the Governor published Executive Order No. 111, effective March 28, 2020, directing health care facilities to report data, including PPE inventory and bed capacity, on a daily basis.

  • On April 20, 2020, at 52 N.J.R. 830(a), the Office of the Governor published Executive Order No. 112, effective April 1, 2020, directing the removal of barriers to health care professionals joining New Jersey’s COVID-19 response and provide protections for front line health care responders.

  • On April 20, 2020, at 52 N.J.R. 833(a), the Office of the Governor published Executive Order No. 113, effective April 2, 2020, an order authorizing commandeering of property such as medical supplies.

  • On April 20, 2020, at 52 N.J.R. 835(a), the Department of Community Affairs, Division of Codes and Standards published proposed amended rules to N.J.A.C. 5:23 and 5:27 which include unrelated changes to the Uniform Construction Code (UCC) and one change to the Standards for Licensure of Residential Health Care Facilities (RHCFs), N.J.A.C. 5:27A , in relation to the UCC.  One notable proposed amendment would eliminate the role of the Health Care Plan Review Unit, within the Bureau of Construction Plan review, from construction projects related to Residential Health Care Facilities. This amendment would, thus, assign responsibility for plan review to the local enforcing agency.  Comments due June 19, 2020.

  • On April 20, 2020, at 52 N.J.R. 851(a), the Department of Health republish of proposed rules at N.J.A.C. 8:53 that was first published proposed on April 6, 2020 (see 52 N.J.R. 666(a)). The Office of Administrative Law inadvertently published this notice of proposal with the incorrect appendix. The proposed new rules pertaining to N.J.A.C. 8:53 is being reproposed with no change from the April 6, 2020 publication, other than the changed appendix and an extended comment period to allow sufficient time for the public to review the proper appendix and prepare any comments.

  • On April 20, 2020, at 52 N.J.R. 855(a), the Department of Human Services, Division of Medical Assistance and Health Services proposed the readoption of N.J.A.C. 10:57 with amendments related to HCPCS codes and reimbursement rates, references to the Medicaid program and the references to DXC Technology. Comments due June 19, 2020.

  • On April 20, 2020, at 52 N.J.R. 866(a), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Nursing published proposed amendments and new rules to N.J.A.C. 13:37, related to the process for applying for a license under the multi-state licensure compact. The proposed rules would require whether the applicant is applying for single or multi-state licensure.  Comments due June 19, 2020.

  • On April 20, 2020, at 52 N.J.R. 867(a), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Nursing published proposal to amend N.J.A.C. 13:37-5.3 and 7.2 to require registered professional nurses and licensed practical nurses to complete continuing education or initial education in pharmacologic therapy, addiction prevention and management, and issues concerning opioid drugs. An applicant for certification as an advanced practice nurse must complete this education as part of his or her six contact hours in pharmacology. Comments due June 19, 2020.

  • On April 20, 2020, at 52 N.J.R. 890(b), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Medical Examiners adopted amendment: N.J.A.C. 13:35-2.6, limited licenses, and adopted a new rule N.J.A.C. 13:35-6B regarding telemedicine. The comments and responses from 6 commenters are contained in the rule adoption.

  • On April 20, 2020, at 52 N.J.R. 894(a), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Medical Examiners adopted new rules N.J.A.C. 13:35-2A.18 through 2A.26 regarding telemedicine by certified midwives. The Board declined to permit prescriptive authority to certified midwives in this rulemaking.

  • On April 20, 2020, at 52 N.J.R. 896(a), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Nursing adopted an amendment to N.J.A.C. 13:37-7.2, related to education requirements for advanced practice nurses (APNs), that recodifies certain subsections.

  • On April 20, 2020, at 52 N.J.R. 896(b), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Nursing adopted a new rule at N.J.A.C. 13:37-7.9B regarding electronic transmission of prescriptions by advanced practice nurses (APNs).

© 2020 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume X, Number 149
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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, Shareholder, Giordano Law Firm, Labor & Employment, 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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