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23 August 2023

New Jersey Regulatory Update, Part III

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Riker Danzig LLP

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Riker Danzig LLP has served the business community for 140 years, with offices in Morristown and Trenton, New Jersey and in Midtown Manhattan. Riker Danzig is regional counsel, national defense counsel, and deal counsel to clients ranging from Fortune 500 corporations to middle-market businesses.
On March 6, 2023, the Commissioner of the Department of Human Services published 55 N.J.R. 391(a), which readopted N.J.A.C. 10:40, the rules which set forth the goals and basic method of operations...
United States Food, Drugs, Healthcare, Life Sciences
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Part III of our Regulatory Update continues to address various regulations in New Jersey that impact healthcare.

Division of Developmental Disabilities Organizational Rules: Notice of Readoption

On March 6, 2023, the Commissioner of the Department of Human Services published 55 N.J.R. 391(a), which readopted N.J.A.C. 10:40, the rules which set forth the goals and basic method of operations of the Division of Developmental Disabilities ("Division"). The rules describe the mission, method of operations, and public information regarding the Division's website. The rules were re-adopted for another seven-year period, expiring January 31, 2030.

The full text of the final rule may be accessed here.

Uniform Rules on Discrimination in Licensed Professions

On March 20, 2023, the Division of Consumer Affairs ("DCA") published 55 N.J.R. 550(a), which adopted new rules N.J.A.C. 13:45C-4.1, 4.2, and 4.3. The new rules establish activities that may result in disciplinary action for licensed professionals governed by the DCA. Any licensee who has been found to have engaged in a reprisal against any person, or engaged in prohibited discrimination against any current or prospective client, patient, student, supervisee, colleague, or employee shall be deemed to have engaged in professional or occupational misconduct and may be subject to discipline.

The full text of the final rule and adopted regulations may be accessed here.

Background Checks

On April 3, 2023, the Department of Human Services published 55 N.J.R. 583(a), which proposed to readopt N.J.A.C. 10:48A, Background Checks, with amendments. Chapter 48A establishes the guidelines for obtaining criminal history background checks for employees of agencies under contract with the Division of Developmental Disabilities. The amendments include, among other things, the addition of community care residences, applicants, alternates, and household members to the background check requirements. The proposed amendments to the rule are meant to address the statutory changes reflected in the amendments to P.L. 2017, c. 328.

The full text of the proposal may be accessed here.

New Jersey Board of Nursing: English Proficiency Examination

On April 17, 2023, the Division of Consumer Affairs published 55 N.J.R. 647(a), which proposed amendments to N.J.A.C. 13:37-2.3, which establishes application requirements for graduates of foreign nursing programs. The proposed amendments will recognize the Occupational English Test ("OET") organization examination as a valid examination of English proficiency.

The full text of the proposed rule may be accessed here.

Executive Order No. 325: An Order Lifting COVID-19 Requirements in Congregate Care and Healthcare Settings

On May 1, 2023, the Governor published 55 N.J.R. 773(b), Executive Order No. 325, an order lifting COVID-19 requirements in congregate care and healthcare settings. The EO was effective April 3, 2023. The EO rescinds the COVID-19 vaccination and testing requirements for high-risk congregate settings, as required or extended by Executive Order No. 252 (2021) and Nos. 283, 290, and 294 (2022), and Paragraph 2 of Executive Order No. 281 (2022). Healthcare settings are no longer required to maintain a policy that requires covered workers to submit to weekly or twice weekly COVID-19 testing under the circumstances outlined in such Executive Orders. Healthcare settings, however, shall continue to be required to maintain a policy that requires covered workers to provide adequate proof that they are up to date with their COVID-19 vaccinations pursuant to such EOs.

The full text of the executive order may be accessed here.

Patient Supervision at State Psychiatric Hospitals Rules

On May 1, 2023, the Department of Health ("DOH") published 55 N.J.R. 812(a), which proposes a readoption with amendments and recodification to N.J.A.C. 10:36 as 8:135, and proposes a new rule, N.J.A.C. 8:135-2.5. The amendments and new rule establish patient supervision at state psychiatric hospitals. The changes are meant to reflect the transfer of authority from the Department of Human Services ("DHS") to the DOH. The DOH proposed substantive and non-substantive amendments throughout the chapter to delete references to the DHS and its divisions and add in place thereof, references to the DOH, use gender-neutral language, reorganize sections, improve readability, improve grammar, eliminate the passive voice, remove unnecessary capitalization, and update terminology that tends to stigmatize or objectify patients who have psychiatric illnesses. Also, the amendment adds new supervision requirements for patients.

The full text of the proposed rule may be accessed here.

State Board of Pharmacy: Remote Processing of Prescriptions

On May 1, 2023, the Department of Health published 55 N.J.R. 954(b), which adopts new rules N.J.A.C. 13:39-4A. The new rules set forth the requirements to allow a pharmacy to have licensed pharmacists and registered pharmacy technicians perform limited pharmaceutical functions at a location other than on the premises of a pharmacy. The remote pharmaceutical functions include but are not limited to: data entry of prescription medication information, prospective drug utilization review, refill authorizations, interventions, patient counseling, and receipt, interpretation, and clarification of prescription orders received from a prescriber. Remote functions explicitly exclude the storing or dispensing of any medication and do not involve more than one licensed pharmacy.

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.

ARTICLE
23 August 2023

New Jersey Regulatory Update, Part III

United States Food, Drugs, Healthcare, Life Sciences

Contributor

Riker Danzig LLP has served the business community for 140 years, with offices in Morristown and Trenton, New Jersey and in Midtown Manhattan. Riker Danzig is regional counsel, national defense counsel, and deal counsel to clients ranging from Fortune 500 corporations to middle-market businesses.
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