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May 2019 Regulatory Developments

Here are the most recent health care related regulatory developments as published in the New Jersey Register in May, 2019:

  • On May 6, 2019, at 51 N.J.R. 543(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Marriage and Family Therapy Examiners, Art Therapist Advisory Committee proposed regulations to adopt licensing standards and regulations for art therapists. The new rules would be codified at N.J.A.C. 13:34D-1.1 et. seq.

  • On May 6, 2019, at 51 N.J.R. 561(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners proposed rule amendments and new rules addressing telehealth and telemedicine provided by physicians and podiatrists. The proposed regulations require physicians and podiatrists to hold a Board-issued license if they are physically located in New Jersey and are providing health care services by means of telemedicine or telehealth, or if they are physically located outside of New Jersey and are providing health care services by means of telemedicine or telehealth to patients located in New Jersey. The proposed new rule also states that a healthcare provider in another state who uses communications technology to consult with a New Jersey licensee and who is not directing patient care will be deemed as not providing health care services in New Jersey and will not be required to obtain a license in New Jersey. There are also proposed regulations that address standard of care, establishment of licensee-patient relationships, prescriptions, medical records, HIPAA compliance, and establishment of protocols to prevent fraud and abuse.

  • On May 20, 2019, at 51 N.J.R. 709(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Marriage and Family Therapy Examiners, Alcohol & Drug Counselor Committee proposed rule amendments to require State licensed clinical alcohol and drug counselors to hold a current Certified Clinical Supervisor (CCS) credential from an International Certification Reciprocity Consortium (ICRC) member board (a certification authority that is a member of the International Certification Reciprocity Consortium of Alcohol and Other Drug Abuse, Inc., a credentialing organization) in order to be deemed a qualified clinical supervisor. The public comment period closed on July 20, 2018. There are substantial changes proposed to N.J.A.C. 13:34C-6.2, 6.2A and 6.3.

  • On May 20, 2019, at 51 N.J.R. 713(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners proposed a new subsection to permit licensees to obtain up to 10 hours of CME credits by providing medical care outside of their offices to low-income patients. Licensees will obtain one continuing education credit for every two hours spent providing such care. Proposed new subsection specifies that credit hours obtained by providing volunteer medical services will not count towards the 40 credit hours required in Category I courses. Under the new subsection, the Board would have the authority to deny a licensee the opportunity to obtain credits through volunteer medical services if the licensee has to complete continuing education credit hours to maintain competence or to address developments in science or technology. The rule proposal would amend N.J.A.C. 13:35-6.15.

  • On May 20, 2019, at 51 N.J.R. 714(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners, Hearing Aid Dispensers Examining Committee proposed new rules to effectuate the telemedicine statute and to provide rules for hearing aid dispensers at N.J.A.C. 13:35-8.21-8.28. The proposed regulation states that a hearing aid dispenser must hold a license issued by the Hearing Aid Dispensers Examining Committee if he or she (1) is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or (2) is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth. Notwithstanding the foregoing, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey and will not be required to obtain licensure in New Jersey in order to provide such consultation.

  • On May 20, 2019 at 51 N.J.R. 732(a), the Department of Health, Public Health Services Branch, Division of Medicinal Marijuana readopted with amendments the medical marijuana rules at N.J.A.C. 8:64. The amendments included amended N.J.A.C. 8:64-5.1, which would allow the public to petition for additional “debilitating medical conditions” and permit the Commissioner to establish additional “debilitating medical conditions” outside of the petition-making process.

  • On May 20, 2019, at 51 N.J.R. 769(a), the Department of Law and Public Safety, Division of Consumer Affairs, Occupational Therapy Advisory Council adopted amended and new rules. The new rules address eligibility, licensure procedures, temporary licenses, scope of practice, supervision, general obligations, professional conduct, professional records and fees. The rules are located at N.J.A.C. 13:44K Subchapter 2.

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About this Author

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,...

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