We continue our New Jersey Regulatory Update with this Part II, which focuses on regulations that were finalized in the second half of 2024 and impact healthcare. For example, as a continuation of price transparency efforts, the New Jersey Division of Consumer Affairs finalized regulations requiring certain entities in the prescription drug supply chain to provide pricing information, which will then be used to propose statutes and regulations in the future. Also of interest is a new certification requirement for temporary help service firms.
Midwifery Early Aspiration Abortion
On May 6, 2024, the Division of Consumer Affairs, Board of Medical Examiners (BME) published 56 N.J.R. 781(a), which adopted new rule N.J.A.C. 13:35-2A.17A. The new rule permits certified midwives (CMs) and certified nurse midwives (CNMs) to perform early aspiration abortions for patients and sets forth the educational and clinical experience required to do so. The new rule also requires CNMs and CMs who have met the requirements of the new rule to amend their clinical guidelines to indicate that early aspiration abortions are within their scope of practice. The full text of the new rule may be accessed here.
Board of Applied Behavior Analyst Examiners Rules
On May 6, 2024, the BME published 56 N.J.R. 782(a), which adopted new rules at N.J.A.C. 13:42B, governing licensed applied behavior analysists. The new rule implements P.L. 2019, c. 337, which created the Board of Applied Behavior Analyst Examiners and allows for licensure and regulation of licensed applied behavior analysists and assistant applied behavior analysists. The rules include, among other things, licensing standards, qualification requirements, and various aspects of professional practice by the licensees; supervision and delegation requirements; educational requirements; record-keeping standards; and advertising limits. Notably, new rule N.J.A.C. 13:42B-7.7 requires licensees to establish written protocols to prevent fraud and abuse. The full text of the new rule may be accessed here.
Furnishing of Hormonal Contraceptives by Pharmacists
On May 20, 2024, the BME and the Board of Pharmacy (BOP) jointly published 56 N.J.R. 906(a), which adopted new rules at N.J.A.C. 13:35-6.28 and 13:35-6.28 Appendix; and 13:39-14.1 through 14.7 and 13:39-14 Appendices A through D. The new rules implement P.L. 2023, c. 2 (codified at N.J.S.A. 45:14-67.9), which authorizes pharmacists to furnish self-administered hormonal contraceptives pursuant to standardized procedures and protocols jointly developed by the BME and the BOP in consultation with the American College of Obstetricians and Gynecologists, the New Jersey Pharmacists Association, and other entities. Pharmacists who wish to participate in the protocol must take a four-hour training program specific to self-administered hormonal contraceptives and covering the screening of patients, selecting a hormonal contraceptive, and counseling patients on how to use it. The full text of the new rules may be accessed here.
Work First New Jersey/General Assistance Rate in Residential Healthcare Facilities
On June 17, 2024, the Department of Human Services, Division of Family Development published 56 N.J.R. 1106(a), which provided notice of administrative change in accordance with N.J.A.C. 10:90-3.17(a)1. The notice announced that the division had increased the rate to be paid for Work First New Jersey/General Assistance individuals in residential healthcare facilities from $1,051.05 to $1,153.05 monthly. The $102 increase was made retroactive to January 1, 2024, and reflected the same amount and effective date as for the change in rate for the same services paid to recipients pursuant to the federal program of Supplemental Security Income. The full text of the notice may be accessed here.
Adjusted Admission Assessment
On July 1, 2024, the Department of Health, Office of Health Care Financing published 56 N.J.R. 1181(a), which adopted amendments to N.J.A.C. 8:31B-3.66. The amended rule implements P.L. 2018, c. 116, which extended the department’s assessment charge requirement under N.J.S.A. 26:2H-18.57 to apply to rehabilitation and long-term acute care hospitals. The amended rule, among other things, requires rehabilitation and long-term acute care hospitals to submit annual revenue and admissions data using the Admission and Revenue Report Form, and requires a 15 percent increase in the total assessment on the hospitals for failure to submit the necessary information by the stated due date. The full text of the new rules may be accessed here.
Clinical Practice for Licensure, Electrical Percussive Devices, and Continuing Education
On August 19, 2024, the Division of Consumer Affairs, Board of Massage and Bodywork Therapy published 56 N.J.R. 1724(a), which adopted amendments to N.J.A.C. 13:37A-2.1, 3.1, and 4.1, to strengthen requirements for licensure and continuing education of licensees licensed by the board. Specifically, the rules limit licensees to completing no more than eight continuing education credit hours in one day. In addition, the rules amend the scope of practice rule to clarify that licensees may use devices that apply percussion or vibrations to the body without engaging in the “application of electrical current to the body,” as prohibited at N.J.A.C. 13:37A-3.1(b)3. The full text of the adopted rules may be accessed here.
Drug Donation Programs
On September 3, 2024, the Department of Health, Division of Certificate of Need and Licensing published 56 N.J.R. 1793(a), which adopted new rules at N.J.A.C. 8:32, governing the process for authorizing drug donation programs. The new rules set forth standards for an applicant seeking to establish and maintain a drug donation program. Under the new rules, a proposal for a drug donation program must include a description of the entity, including its history, mission, ownership structure, staffing, and any other characteristics or relevant facts that demonstrate the applicant’s ability to establish a drug donation program appropriately and safely. An applicant must also provide policies and procedures for accepting, transporting, safely storing, and dispensing donated drugs and administration supplies. The full text of the adopted rules may be accessed here.
Application for Licensure to Practice Dentistry
On September 3, 2024, the Division of Consumer Affairs, State Board of Dentistry published 56 N.J.R. 1808(a), which adopted amendments to N.J.A.C. 13:30-1.2, regarding applications for licensure to practice dentistry. The amended rule was updated to reflect the discontinuance and replacement of an existing two-part examination cited in the prior existing rule. The amended rule requires applicants for licensure to practice dentistry to submit documentation of their successful completion of either Parts I and II of the National Board Dental Examination or the Integrated National Board Dental Examination. The full text of the adopted rule may be accessed here.
Certification Requirements for Temporary Help Service Firms
On September 16, 2024, the Division of Consumer Affairs, Regulated Business Section published 56 N.J.R. 1875(a), which adopted new rules at N.J.A.C. 13:35B-12A. The new rules implement P.L. 2023, c. 10, enacted on February 6, 2023, and codified at N.J.S.A. 34:8D-1 et seq. P.L. 2023, c. 10, which regulate temporary help service firms that make “designated classification placements.” The new rule prohibits temporary help service firms that are located, operate, or transact business in New Jersey from making any designated classification placements unless the person or entity is certified by the director of the division to do so. The rules also require certain temporary help service firms that make designated classification placements to obtain a certification. The full text of the adopted rules may be accessed here.
Prescription Drug Price Transparency
On November 18, 2024, the Division of Consumer Affairs published 56 N.J.R. 2246(a), which specially adopted and concurrently proposed new rules at N.J.A.C. 13:45K. The new rules pertain to the registration of and reporting of drug pricing information by entities including manufacturers, carriers, pharmacy benefits managers, wholesalers, and pharmacy services administrative organizations in the prescription drug supply chain. The Drug Affordability Council, created by P.L. 2023, c. 106, will use these reports to formulate legislative and regulatory policy recommendations. The full text of the adopted rules may be accessed here.
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