Part II of our Update continues to address various regulations in New Jersey that impact healthcare.
Standards for Community Residences for Persons with Head Injuries
On January 3, 2023, the New Jersey Department of Health ("DOH") published 55 N.J.R. 58(a), which sets forth amendments to the rules for minimum requirements for community residences for persons with head injuries that are licensed by the DOH. The final rule adopts amendments to N.J.A.C. 10:44C. The amendments remove the terms "supported living programs" and replace them with "community care residences," since these are what will be offered in the future in a licensed setting. The other amendments include, among other things, changes regarding criminal background checks, individual requirements included in an application for licensure, time frame for application completion, requirements for initial licensure and renewal of a license, staff qualifications, orientation and training, advocacy and rights, rehabilitation procedures, health and safety, and general home requirements.
The full text of the final rule may be accessed here.
Radiologist Assistant Performing Procedures
On January 3, 2023, the State Board of Medical Examiners published 55 N.J.R. 67(a), which adopted a new rule N.J.A.C. 13:35-6.20A. The rule sets forth the procedures for licensed radiologist assistants, and the level of supervision licensed radiologists must provide, when radiologist assistants are performing certain procedures and other related tasks. The rule requires, among other things, that prior to a licensed radiologist directing a radiologist assistant to perform a task, a licensed radiologist or other licensed physician in the practice must certify and document the radiologist assistant's training and ability to perform the task. The rule also requires that the supervising licensed radiologist: 1) be responsible for choosing and ordering pharmaceuticals and contrast materials; 2) be certified in Advanced Cardiovascular Life Support (along with the radiologist assistant); and 3) if a patient is a minor, have experience performing the procedures on such patients. The rule lists specific procedures and post-imaging activities which a radiologist assistant may perform under general supervision and direct supervision of a licensed radiologist.
The full text of the final rule may be accessed here.
Expedited Partner Therapy
On January 17, 2023, the New Jersey DOH, in consultation with the Public Health Council, published 55 N.J.R. 108(a), which adopted a new rule, N.J.A.C. 8:67. The new rule, proposed by the Division of HIV, STD, and TB Services, implements expedited partner therapy ("EPT") in New Jersey, in accordance with P.L. 2019, c. 336, an act concerning treatment of sexually transmitted diseases and supplementing Title 26 of the Revised Statutes (Act), codified at N.J.S.A. 26:4-48.2 through 48.4.
The rule applies to health care professionals in the New Jersey who elect to provide EPT. EPT is a harm reduction practice by which a health care professional provides treatment to recent sexual partners of a patient the professional diagnosed with a sexually transmitted infection ("STI"), without first conducting an examination of those recent partners. A health care professional provides EPT by issuing a prescription for appropriate antibiotic drugs in each of the patient's partners' names, if known, or, if the patient does not know or declines to provide the partners' names, then in the name of "expedited partner therapy." N.J.S.A. 26:4-48.2. In the alternative, the health care professional can dispense medication to the patient to give to the patient's partners for their use. N.J.S.A. 26:4-48.2. EPT enables the partners to immediately begin treatment by having the prescriptions filled, without having to wait for appointments with the partners' own healthcare professionals. The new rule establishes informational materials and guidelines for the safe and effective provision of EPT by health care professionals, which includes incorporation of CDC STI Treatment Guidelines. Additionally the rule specifies which STIs EPT is indicated for.
The full text of the final rule may be accessed here.
Limitations on Prescribing, Administering, or Dispensing of Controlled Dangerous Substances
On January 17, 2023, the State Board of Medical Examiners published 55 N.J.R. 110(b), which adopted amendments to N.J.A.C. 13:35-7.6. The amendments set forth limitations on prescribing, administering, or dispensing of controlled dangerous substances, and special requirements for management of acute and chronic pain by physicians, podiatrists, physician assistants, and certified nurse midwives. The amendments aim to ensure that practitioners identify in advance psychological co-morbidities that affect prescribing and overall treatment decisions and assess whether continued opioid therapy is working to address the patient's treatment needs. The changes are also meant to ensure that practitioners have a clear understanding of the patient's history from the outset, assess a patient's predilection for addiction and develop treatment objectives accordingly, and continually evaluate whether opioid therapy is providing clinically meaningful improvement in pain and function. The amendments, among other things, add requirements for practitioners when evaluating the patients and obtaining and reviewing patient medical records, as well as discussing the treatment plan with the patient and prescribing an opioid antidote with a controlled dangerous substance if certain conditions are present.
The full text of the final rule may be accessed here.
Community Residences for Individuals with Developmental Disabilities
On February 6, 2023, the New Jersey Department of Human Services ("DHS") published 55 N.J.R. 171(a), which adopted amendments and repealed and added new rules to N.J.A.C. 10:44A. The adopted rules set minimum requirements for licensed community residences for individuals with developmental disabilities in the areas of general provisions and licensing procedures, organization and administration, advocacy and rights, service delivery/habitation, health and safety, and fire safety and physical environment. The adoptions are meant to comply with the DHS' Fee-for-Service initiative, the Centers for Medicare and Medicaid Services' guidelines for funding, Danielle's Law, P.L. 2003, c. 191 (N.J.S.A. 30:6D-5.1--5.6), and Stephen Komninos' Law, P.L. 2017, c. 238 (N.J.S.A. 30:6D-9.1 et seq., 30:6D-5.4, and 30:6D-74 et seq.).
The full text of the final rule may be accessed here.
Curriculum for 300-Hour Course for Persons Holding a New Jersey State Barbering License Issued After 1985 Who Wish to Obtain a Cosmetology and Hairstyling License
On February 6, 2023, the State Board of Cosmetology and Hairstyling published 55 N.J.R. 200(a), which adopted amendments to N.J.A.C. 13:28-6.28A. The rule now requires that a makeup application be included in the 300-hour course for barbers who were licensed by the Board after 1985, since makeup application is within the scope of practice for that license. Thus, the time distribution table for instructional units and clinical practice for a barbering license now shows that a total of 60 hours of makeup application is required.
The full text of the final rule may be accessed here.
Online Examination for Psychologists
On February 6, 2023, the State Board of Psychological Examiners published 55 N.J.R. 200(b), which adopted amendments to N.J.A.C. 13:42. The amendments focus on an online jurisprudent examination and continuing education requirements. To obtain a license as a psychologist in New Jersey, the jurisprudence examination, which an applicant must pass, may be completed online, at any time. Thus, applicants do not need to wait for an in-person examination. Additionally, the amendments amend N.J.A.C. 13:42-10.21 to require licensees to complete the jurisprudence online examination as part of continuing education requirements. Note that the written examination for Professional Practice in Psychology must be passed before an applicant may take the online jurisprudence examination, pursuant to N.J.A.C. 13:42-5.1(b).
The full text of the final rule may be accessed here.
Standards for Licensure of Adult Family Care Caregivers and Sponsor Agencies
On March 6, 2023, the New Jersey DOH published 55 N.J.R. 377(a), which adopted new rules at N.J.A.C. 8:43B, Standards for Licensure of Adult Family Care Caregivers and Sponsor Agencies. The rules were promulgated to effectuate the purposes of the New Jersey Adult Family Care Act. The rules establish licensing procedures for adult family care caregivers ("AFC") and sponsor agencies including actions required for initial licensure, renewal, and surrender of licenses, as well as criminal background checks and fingerprinting procedures. The rules apply to applicants for licensure as AFC caregivers and AFC sponsor agencies, licensed AFC caregivers who operate AFC homes, and licensed AFC sponsor agencies.
The full text of the final rule may be accessed here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
