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

• On February 16, 2021 at 53 N.J.R. 195(a), the Commissioner of Health adopted a temporary rule waiver/modification of the requirements governing the expiration and renewal of certificates for Certified Medication Aides (CMAs) at N.J.A.C. 8:36-9.2. Section 6 of EO 103 that modifies the expiration dates and recertification requirements for CMAs as follows:

  1. CMA certifications that expire between March 1, 2020 and December 31, 2020, are automatically extended until March 19, 2021; and

  2. Any CMA whose certification expires between March 1, 2020 and December 31, 2020, are permitted to renew his or her certification outside of the two-year renewal window, up to and including March 19, 2021; and

  3. CMAs with certifications expiring between March 1, 2020 and December 31, 2020, are permitted to complete CEUs required for recertification up to March 19, 2021.

After March 19, 2021, all CMAs will be required to comply with all regular recertification requirements set forth in N.J.A.C. 8:36-9.2 (b) and (d).

• On February 16, 2021 at 53 N.J.R. 273(a), the Department of Health, in compliance with N.J.S.A. 52:14-34.4 et seq. (P.L. 1987, c. 7), the Department of Health published notice of grant availability, subject to fund availability, in the Department of Health Directory of Grant Programs.

• On March 1, 2021, at 53 N.J.R. 366(a) the Department of Law and Public Safety, Division of Consumer Affairs, Board of Medical Examiners adopted amendments to rules that permit all licensed midwives to administer, or facilitate the administration of, nitrous oxide for pain relief in health care facilities licensed by the Department of Health. See N.J.A.C. 13:35-2A.10 and 2A.12.

• On March 15, 2021, at 53 N.J.R. 406(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Dentistry proposed a new subchapter addressing telemedicine and telehealth regulations. See proposed N.J.A.C. 13:30-9.

• On March 15, 2021, at 53 N.J.R. 410(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Marriage and Family Therapy Examiners, Alcohol and Drug Counselor Committee, proposed a new subchapter addressing telemedicine and telehealth regulations.  See proposed N.J.A.C. 13:34C-7.

• On March 15, 2021, at 53 N.J.R. 414(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Respiratory Care, proposed a new subchapter addressing telemedicine and telehealth regulations. See proposed N.J.A.C. 13:44F-11

• On March 15, 2021, at 53 N.J.R. 417(a), the Department of Law and Public Safety, Division of Consumer Affairs, Occupation Therapy Advisory Council, proposed a new subchapter addressing telemedicine and telehealth regulations. See proposed N.J.A.C N.J.A.C. 13:44K-7.

• On March 15, 2021, at 53 N.J.R. 427(a), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Veterinary Medical Examiners adopted new telemedicine and telehealth regulations. The commentary discusses at length that, veterinarians are healthcare providers that provide health care services to animals and are subject to the telemedicine statute.  See N.J.A.C. 13:44-4A.

• On March 15, 2021, at 53 N.J.R. 435(a), the Department of Health published a notice postponing the certificate of need call for applications for new specialized long-term beds for pediatric care in accordance with the provisions of N.J.A.C. 8:33H-1.5 and N.J.S.A. 26:2H-1 et seq.

• On March 15, 2021, at 53 N.J.R. 435(b), the Department of Health published a notice postponing certificate of need call for applications for new specialized long-term beds for severe behavior management in accordance with the provisions of N.J.A.C. 8:33H-1.6 and N.J.S.A. 26:2H-1 et seq.

• On March 15, 2021, at 53 N.J.R. 435(c), the Department of Health published a notice postponing the certificate of need call for applications for new specialized long-term beds for ventilator care in accordance with the provisions of N.J.A.C. 8:33H-1.6 and N.J.S.A. 26:2H-1 et seq.