Below are the most recent health care related regulatory developments as published in the New Jersey Register in April 2021:

•  On April 5, 2021 at 53 N.J.R 459(a), the Commissioner of Health modified rule N.J.A.C 8:33E-1.4 and -2.3 pursuant to executive order 103, concerning the minimum volume utilization requirements for invasive cardiac diagnostic facilities, cardiac surgical centers, and physicians practicing at those facilities. Some facilities were unable to meet their volume requirements because of the reduced number of elective procedures as a result of COVID-19. According to this rule:

  • The minimum volume utilization requirement for facilities outlined in N.J.A.C 8:33E-1.4 and -2.3 are waived for the duration of the Public Health Emergency, as long as one quarter of the facility’s reporting cycle is covered by the Public Health Emergency; and

  • Physician volume utilization requirements are waived for any calendar year that the Public Health Emergency was in effect for 90 days or more.

• On April 5, 2021, at 53 N.J.R. 495(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Pharmacy proposed a new amendment addressing fees for out-of-State pharmacies to be consistent with the amount assessed to in-State pharmacies. See proposed N.J.A.C 13:39-1.3.

• On April 5, 2021, at 53 N.J.R. 496(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Pharmacy proposed an amendment addressing the removal of the one year waiting period currently in place for applicants to retake the exam, who have failed the exams for licensure three or more times. See proposed N.J.A.C. 13:39-2.2 and 2A.5.

• On April 5, 2021, at 53 N.J.R. 497(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Pharmacy, proposed a subchapter to require that a warning sticker be placed on any bottle containing a prescription of opioid medication. See proposed 13:39-7.12.

• On April 5, 2021, at 53 N.J.R. 498(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Pharmacy, proposed an amendment to remove language that a signature from a patient or caregiver is required when counseling was provided or refused. See proposed N.J.A.C 13:39-7.21.

• On April 5, 2021, at 53 N.J.R. 538(b), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Marriage and Family Therapy Examiners, Professional Counselor Examiners Committee, adopted a new amendment that changes the requirements for supervisor qualifications. See N.J.A.C. 13:34-10.2. The Second amendment adopted, changes the license renewal and continuing education requirement for professional counselors. See N.J.A.C 13:34-15.2. The third amendment adopted changes signature requirements for minors and information that can be shared with a legal guardian of the minor. See N.J.A.C. 13:34-18.6. The fourth amendment adopted changes requirements for continuing education of Rehabilitation Counselors. See N.J.A.C 13:34-24.2. The fifth amendment adopted addresses who is an authorized representative of a minor in regards to rehabilitation counselors. See N.J.A.C 13:34-27.6. The final amendment adopted, changes the definitions of several terms used within the subchapter concerning parental rights. See N.J.A.C 13:34-31.2.

• On April 19, 2021, at 53 N.J.R. 579(a), Executive Order No. 231 extended the Public Health Emergency declared originally in Executive Order No. 103.

• On April 19, 2021, at 53 N.J.R. 605(a), the Department of Human Services, Division of Medical Assistance and Health Services proposed a new chapter addressing that nursing facilities will pay a rebate to the Department under certain circumstances. See proposed N.J.A.C 10:49A.

• On April 19, 2021, at 53 N.J.R. 611(a), the Department Banking and Insurance, Individual Health Coverage Program Board proposed amendments addressing how much a covered person is required to pay, as well as changes to several definitions with in the law. See proposed N.J.A.C 11:20.

• On April 19, 2021, at 53 N.J.R. 614(a), the Department for Law and Public Safety, Division of Consumer Affairs, State Board of Dentistry, proposed changes to an amendment addressing the scope of practice of licensed dental hygienists under general supervision and changes to parenteral conscious sedation. See proposed N.J.A.C 13:30-1A.4, 8.2, and 8.3.

• On April 19, 2021, at 53 N.J.R. 616(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Physical Therapy Examiners, proposed an amendment requiring that those who do not pass the licensing exam three times shall complete a remediation course before being permitted to retake the exam again. See Proposed N.J.A.C. 13:39A-5.3.

• On April 19, 2021, at 53 N.J.R. 619(c), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Dentistry adopted several amendments, new subchapters, as well as repealed and replaced one subchapter. Substantial changes were made to this part of the code. These changes addressed the application for licensure to practice dentistry, application for licensure of dental hygienists, application for registration as a dental assistant, applicants for limited teaching certificate in dental school, continuing dental education, advertising, and other general provisions. See N.J.A.C. 13:30-1.2, 1.5, 1A.2, 1A.4, 1A.5, 1A.7, 2.2, 2.3, 2.7, 2.8, 3, 5, 6.2, 8.1, 8.2, 8.3, 8.4, 8.7, 8.8, 8.9, 8.10, 8.26. See N.J.A.C 13:30-8.6. See N.J.A.C 13:30-8.5A, 8.6A, 8.6B, 8.12A.

Special thanks to Jessica Warwick, Summer Associate