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New Jersey Health Care June 16, 2019 Regulatory Developments

Here are the most recent health care related regulatory developments as published in the New Jersey Register on June 16, 2019:

Special Note: June 16, 2019 contained 6 proposed rules to establish telemedicine regulations for various licensed professionals.

  • On June 16, 2019, at 51 N.J.R. 912(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners, proposed new rules that establish telemedicine regulations that are applicable to licensed midwives. See N.J.A.C. 13:35-2A.18-2A.26.

  • On June 16, 2019, at 51 N.J.R. 916(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners, proposed new rules that establish telemedicine regulations that are applicable to licensed athletic trainers. See N.J.A.C. 13:35-10.26 through 10.33.

  • On June 16, 2019, at 51 N.J.R. 916(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners, Genetic Counseling Advisory Committee proposed new rules that establish telemedicine regulations that are applicable to licensed genetic counselors. See N.J.A.C. 13:35-14.19 through 14.26.

  • On June 16, 2019, at 51 N.J.R. 926(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Physical Therapy Examiners proposed new rules that establish telemedicine regulations that are applicable to licensed physical therapists and licensed physical therapy assistants. See N.J.A.C. 13:39A-10.

  • On June 16, 2019, at 51 N.J.R. 931(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Psychological Examiners proposed new rules that establish telemedicine regulations that are applicable to licensed practicing psychologists. See N.J.A.C. 13:42-13.

  • On June 16, 2019, at 51 N.J.R. 946(a), the Department of Law and Public Safety, Division of Consumer Affairs, Orthotics and Prosthetics Board of Examiners proposed rules that establish telemedicine regulations that are applicable to licensed orthotists, orthotist assistants, pedorthists, prosthetists, prosthetist assistants, prosthetist-orthotists, and prosthetist-orthotist assistants. See N.J.A.C. 13:44H-11.

Other Rule Proposals and Adoptions:

  • On June 16, 2019, at 51 N.J.R. 911(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners of Ophthalmic Dispensers and Ophthalmic Technicians proposed amendments to its continuing education rules to impose new standards for continuing education courses to require two credits be in statutes and rules governing the practice of ophthalmic dispensing and at least five credits be in topics relevant to the practice of ophthalmic dispensing. The Board also proposed to amend the rule, so that ophthalmic dispensers could take no more than two credits of continuing education in topics related to management, sales, or marketing. Proposed amendments to N.J.A.C. 13:33-6.1 would require newly licensed ophthalmic dispensers to complete one credit of continuing education in blood borne pathogens. During the 2021-2022 biennial renewal period, currently licensed ophthalmic dispensers would also be required to complete one credit in blood borne pathogens. N.J.A.C. 13:33-6.1.

  • On June 16, 2019, at 51 N.J.R. 922(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Nursing proposed to delete N.J.A.C. 13:37-7.2(b), which requires that an applicant for certification as an advanced practice nurse shall have completed his or her education no more than two years prior to submitting an application to the New Jersey State Board of Nursing. The Board has found that several otherwise qualified candidates have not been able to obtain certification due to this requirement. The Board believes that the requirement in N.J.A.C. 13:37-7.1 that applicants hold current certification from a national certifying agency will ensure that applicants are competent to practice as advanced practice nurses in a safe and effective manner, even if they completed their education more than two years ago.

  • On June 16, 2019, at 51 N.J.R. 923(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Nursing proposed a new rule that would authorize and regulate electronic prescriptions by advanced practice nurses to licensed pharmacies. The new rule citation is N.J.A.C. 13:37-7.9B.

  • On June 16, 2019, at 51 N.J.R. 924(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Nursing proposed new regulations at N.J.A.C. 13:37-7.10A that effectuates the statute that permits APNs to dispense narcotic drugs for maintenance treatment or detoxification treatment if he or she has met the training and registration requirements at 21 U.S.C. 823. The APN’s collaborating physician is not required to meet the federal training and registration requirements as long as the joint protocol between the APN and collaborating physician includes the physician’s written approval for the APN to dispense such drugs. The APN is also permitted to prescribe services for the treatment of substance abuse disorder.

  • On June 16, 2019, at 51 N.J.R. 925(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Pharmacy proposed to amend the regulations which set forth criteria for sources of continuing education. The Board proposes to delete the provision which allows a pharmacist to seek Board approval for continuing education credit for attendance at a program or course that is not offered by the American Council of Pharmaceutical Education (ACPE)-approved provider or that has not been pre-approved by the Board.

  • On June 16, 2019, at 51 N.J.R. 930(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Psychological Examiners proposed an amendment to the rules governing the continuing education requirements for licensed psychologists that would require one of the 40 required continuing education credits to be on topics concerning prescription opioid drugs every biennial renewal period. These topics would have to include the risks and signs of opioid abuse, addiction, and diversion. The requirement would commence with the biennial renewal period beginning of July, 1, 2019. The proposed amendment is to N.J.A.C. 13:42-10.20(b).

  • On June 16, 2019, at 51 N.J.R. 942(a), the Department of Law and Public Safety, Division of Consumer Affairs, Audiology and Speech-Language Pathology Advisory Committee proposed a new amendment to regulations that would require a licensed audiologist or licensed speech-language pathologist to complete the online jurisprudence orientation at each biennial license renewal period. See N.J.A.C. 13:44C-4.1.

  • On June 16, 2019, at 51 N.J.R. 943(a), the Department of Law and Public Safety, Division of Consumer Affairs, Audiology and Speech-Language Pathology Advisory Committee proposed an amendment to the regulations that would prohibit hand-written certificates of completion of continuing education. Under the proposed amended regulation, the certificate of completion shall indicate whether the program, course, seminar or webinar, teleconference, lecture or in-services workshop was presented at the licensee’s place of employment. See N.J.A.C. 13:44C-6.3.

  • On June 16, 2019, at 51 N.J.R. 943(a), the Department of Law and Public Safety, Division of Consumer Affairs, Audiology and Speech-Language Pathology Advisory Committee proposed an amendment to the scope of practice regulations which would permit a licensed speech-language pathologist to perform Fiber Optic Endoscopic Examination of Swallowing (FEES) when a physician who completed training in endoscopic examinations during post-residency is present. The original rule only allowed FEES to be performed when a physician who was trained in endoscopic exams during residency was present. The proposed amendment would allow for physicians who are trained in residency and post-residency. See N.J.A.C. 13:44C-7.2A.

  • On June 16, 2019, at 51 N.J.R. 945(a), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Social Work Examiners proposed amendments to continuing education requirements for licensed and certified social workers to require a licensee to complete 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. This would apply for the biennial period commencing on September 1, 2018. See N.J.A.C. 13:44G-6.2.

  • On June 16, 2019, at 51 N.J.R. 945(b), the Department of Law and Public Safety, Division of Consumer Affairs, Orthotics and Prosthetics Board of Examiners proposed a new regulation to establish standards as to when the Board may consider an application for licensure abandoned. An application for a license will be deemed abandoned if an applicant has not submitted all the information and documentation required to obtain a license and one year has elapsed since the last notice was sent to the applicant regarding the deficiencies in his or her application. If an application is deemed abandoned, the Board will close the application without notice and dispose of any information or documentation submitted by the applicant pursuant to the Division of Consumer Affairs’ record retention plan. An applicant whose application has been deemed abandoned may reapply for licensure. See N.J.A.C. 44H-3.5A.

  • On June 16, 2019, at 51 N.J.R. 1056(a), the Department of Human Services, Division of Medical Assistance and Health Services, adopted new regulations that align ambulatory surgery center (ASC) service reimbursement methodology under the Medicaid/NJ Family Care Program to procedure lists and classification systems established by CMS. See N.J.A.C. 10:66-1.5 and 5.1.

  • On June 16, 2019, at 51 N.J.R. 1057(a), the Department of Banking and Insurance adopted a notice of readoption of regulations that establish the admission procedures and financial reporting requirements that are necessary to implement N.J.S.A. 17:47B-1 et seq., which governs Captive Insurance Companies. See N.J.A.C. 11:28.

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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...

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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,...

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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