November 30, 2020

Volume X, Number 335

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September and October 2020 New Jersey State Regulatory Developments

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

  • On September 8, 2020, at 52 N.J.R. 1641(a), the Department of Health issued notice of emergency adoption of a rule waiver/modification/suspension pursuant to Executive Order No. 103 (2020) of the requirements for applicants to receive certification as a nurse aide in long-term care facilities. See N.J.A.C. 8:39-43.2.

  • On September 8, 2020, at 52 N.J.R. 1642(a), the Department of Health issued an emergency adoption of a temporary rule waiver/modification of N.J.A.C. 8:40-1.2 which governs Mobility Assistance Vehicle and Basic Life Support Ambulance Services. The adoption requires MAV and BLS crew members to wear delineated PPE and contains procedures for decontamination of vehicles and infection control training.  See N.J.A.C. 8:40-1.2.

  • On September 8, 2020, at 52 N.J.R. 1643(a), the Department of Health issued an emergency adoption of a temporary rule waiver/modification of certain rules governing Basic Life Support Services, consistent with N.J.A.C. 8:40-1.4(a) to waive/modify the requirement that EMS transport patients with mild, non-life-threatening COVID-19 symptoms to a hospital in order to preserve PPE and prevent the spread of COVID-19. Specific requirements are at N.J.A.C. 8:40-3.6 and 3.6 Appendices A and B, and 6.4 and 6.4 Appendices A and B.

  • On September 8, 2020, at 52 N.J.R. 1652(a) the Department of Health issued an emergency adoption of a temporary rule waiver/modification of the expiration deadlines of Emergency Medical Technician (EMT)-Paramedic certifications at N.J.A.C. 8:41A-4.1, Mobile Intensive Care Nurse (MICN) endorsements at N.J.A.C. 8:41-3.13, and EMT-Paramedic recertifications at N.J.A.C. 8:41A-4.3, as follows:

    • The June 30, 2020 expiration date for all valid NJ EMT-Paramedic certifications is extended to December 31, 2020;

    • The June 30, 2020 expiration date for MICN endorsements is extended to December 31, 2020; and

    • Providers shall be able to complete their recertification requirements for their current credentials up to and including December 31, 2020.

  • On September 8, 2020, at 52 N.J.R. 1652(b) the Department of Health issued an emergency adoption of a temporary rule waiver/modification of the expiration deadlines of Emergency Medical Technician (EMT)-Basic certifications at N.J.A.C. 8:40A-7.1 and EMT-Basic recertifications at N.J.A.C. 8:40A-7.5, as follows:

    • The June 30, 2020 expiration date for all valid NJ EMT-Basic certifications is extended to December 31, 2020;

    • EMT-Basics shall be able to complete their recertification requirements for their current credentials up to and including December 31, 2020.

  • On September 8, 2020, at 52 N.J.R. 1655(a) the Department of Health issued an emergency adoption of a temporary rule waiver of N.J.A.C. 8:41A-4.4, which sets forth the requirements for certification of an individual formerly certified as an EMT-Paramedic who has allowed that certification to expire. See N.J.A.C. 8:41A-4.4.

  • On September 8, 2020, at 52 N.J.R. 1656(a) the Department of Health issued an emergency adoption of a temporary rule waiver of N.J.A.C. 8:43I-2.9(c), which sets the criminal background clearance requirements for individuals seeking certification or recertification as a nurse aide. The temporary rule states that, notwithstanding subsection (c), criminal background clearance notifications issued to a CNA or CNA candidate between November 1, 2019 and March 31, 2020, are valid for a period of 270 days from the date of issuance of the notice of qualification. If full certification is not obtained by the 270th day following the issuance of the notice of qualification, the notice shall expire, and a new criminal history report must be obtained.

  • On September 8, 2020, at 52 N.J.R. 1657(a) the Department of Health issued an emergency adoption of a temporary rule waiver of N.J.A.C. 8:43I-4.9(c), which sets the criminal background clearance requirements for individuals seeking certification or recertification as an assisted living administrator. The rule states that notwithstanding subsection (c), criminal background clearance notifications issued to a certified assisted living administrator or assisted administrator candidate between November 1, 2019 and March 31, 2020, are valid for a period of 270 days from the issuance of the notice of qualification. If full certification is not obtained by the 270th day following the issuance of the notice of qualification, the notice shall expire, and a new criminal history report must be obtained.

  • On September 8, 2020, at 52 N.J.R. 1675(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Respiratory Care adopted amendments to the regulations governing respiratory care practitioners. Among other changes, the Board will now permit applicants with associate’s degrees rather than require a B.A. See N.J.A.C. 13:44F.

  • On September 21, 2020, at 52 N.J.R. 1778(b), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Physical Therapy Examiners adopted an new rule regarding physical therapist and physical therapist assistant compact privileges. There is a $40 compact privilege fee. See N.J.A.C. 13:39A-1.3 (fee); N.J.A.C. 13:39A-2.6 (new rule).

  • On September 21, 2020, at 52 N.J.R. 1778(c), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Physical Therapy Examiners adopted amendments to rules related to physical therapist assistants. The amendments require supervising licensed physical therapist sign notes prior to the next visit and review licensed physical therapist assistant plan of care. See N.J.A.C. 13:39A-7.2 and 7.3.

  • On September 21, 2020, at 52 N.J.R. 1779(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board Psychological Examiners adopted an amendment to the continuing education requirements, for biennial renewal periods beginning on July 1, 2019, requiring at least 1 hour of continuing education in topics concerning prescription opioid drugs, including the risks and signs of opioid abuse, addiction, and diversion. See N.J.A.C. 13:42-10.20.

  • On September 21, 2020, at 52 N.J.R. 1779(b), the Department of Law and Public Safety, Division of Consumer Affairs, Audiology And Speech-Language Pathology Advisory Committee, adopted an amendment that requires licensees to complete the jurisprudence online orientation as part of the biennial license renewal. See N.J.A.C. 13:44C-4.1.

  • On September 21, 2020, at 52 N.J.R. 1780(a), the Department of Law and Public Safety, Division of Consumer Affairs, Audiology And Speech-Language Pathology Advisory Committee, adopted an amendment that requires Fiber Optic Endoscopic Examination of Swallowing (FEES) only to be performed in a healthcare facility or in the office of of a physician who received training during residency or post-residency in endoscopic examination. FEES may only be performed when a physician who received training during residency or post-residency in endoscopic examination is present.  See N.J.A.C. 13:44C-7.2A.

 

  • On October 5, 2020, at 52 N.J.R. 1810(a), the Department of Law and Public Safety, Division of Consumer Affairs, Audiology And Speech-Language Pathology Advisory Committee, proposed an amendment to permit a licensed audiologist to dispense and fit hearing aids, as long as he or she has completed coursework and clinical training in the dispensing and fitting of hearing aids that meets the requirements established by the Audiology and Speech-Language Pathology Advisory Committee (Committee). See N.J.A.C. 13:44C-7.1.

  • On October 19, 2020, at 52 N.J.R. 1890(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Marriage and Family Therapy Examiners proposed new telemedicine regulations for marriage and family therapists. Proposed New Rule: N.J.A.C. 13:34-6A.

  • On October 19, 2020, at 52 N.J.R. 1894(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Marriage and Family Therapy Examiners in consultation with the Professional Counselor Committee proposed new telemedicine regulations for professional counselors regulated by the Committee. Proposed New Rule: N.J.A.C. 13:34-32.

  • On October 19, 2020, at 52 N.J.R. 1897(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners in consultation with the Physician Assistants Advisory Committee proposed and amended rule and new telemedicine regulations for physician assistants.  Proposed New Rule: N.J.A.C. 13:35-2C.

  • On October 19, 2020, at 52 N.J.R. 1901(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners, in consultation with the Electrologists Advisory Committee proposed new telemedicine regulations for electrologists. Proposed New Rules: N.J.A.C. 13:35-12A.

  • On October 19, 2020, at 52 N.J.R. 1911(b), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners, State Acupuncture Examining Board, adopted telemedicine regulations for licensed acupuncturists. Adopted New Rules: N.J.A.C. 13:35-9.21 through 9.28.

  • On October 19, 2020, at 52 N.J.R. 1913(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners, adopted telemedicine regulations for licensed genetic counselors. There are industry comment/regulatory responses in this rulemaking that may require a change genetic counselor’s practices when using telemedicine.  Adopted New Rules: N.J.A.C. 13:35-14.19 through 14.26.

  • On October 19, 2020, at 52 N.J.R. 1916(a), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Nursing adopted telemedicine regulations for licensed nurses. Adopted New Rules: N.J.A.C. 13:37-8A.

  • On October 19, 2020, at 52 N.J.R. 1918(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Physical Therapy Examiners, adopted telemedicine regulations for licensed physical therapy. Adopted New Rules: N.J.A.C. 13:39A-10.

  • On October 19, 2020, at 52 N.J.R. 1920(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Psychological Examiners, adopted telemedicine regulations for licensed psychotherapists. There is lengthy comment/response in this rule making.  There is a comment stating that the exemption to the licensure requirements at N.J.S.A. 45:14B-6 will apply to psychologists in other states who provide services in New Jersey through telemedicine or telehealth.  Adopted New Rules: N.J.A.C. 13:42-13.

  • On October 19, 2020, at 52 N.J.R. 1925(a), the Department of Law and Public Safety, Division of Consumer Affairs, Audiology and Speech-Language Pathology Advisory Committee adopted telemedicine regulations for audiologists/speech pathologists. Adopted New Rules: N.J.A.C. 13:44C-11.

  • On October 19, 2020, at 52 N.J.R. 1927(a), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Social Work Examiners adopted telemedicine regulations for social workers. There is a lengthy comment section in this rulemaking. Adopted New Rules: N.J.A.C. 13:44G-15.

© 2020 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume X, Number 325
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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, 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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