As we approach the fourth quarter of 2022, it is worth reviewing the regulatory rules that have become final in New Jersey over the approximately past twelve months. Part I of this multi-part series contains several regulatory changes published earlier this year through the New Jersey Register (N.J.R.) that have, or will soon become, active regulations.

For more information about this blog post, please contact Ryan L. O’Neill or Labinot Alexander Berlajolli.

Board of Respiratory Care Adopts Telemedicine and Telehealth Rules

53 N.J.R. 2050(a): The New Jersey State Board of Respiratory Care has implemented the New Jersey telehealth statutes (N.J.S.A. § 45:1-61 et seq.) by adopting telemedicine and telehealth rules for respiratory therapists. The new rules are identical to the telemedicine and telehealth rules already in place for other New Jersey healthcare providers. The rules have been codified at N.J.A.C. § 13:44F-11 et seq.

Board of Medical Examiners Revise Regulations on In-Office Surgical Procedures

53 N.J.R. 2013(a): The New Jersey State Board of Medical Examiners (“BME”) adopted and amended multiple regulations pertaining to surgery, special procedures, and anesthesia services performed in an office setting. Notably, the BME adopted N.J.A.C. § 13:35-4A.19, which states that nothing in the subchapter

shall be construed to preclude practitioners from authorizing advanced practice clinicians to perform minor procedures in the office consistent with their respective scopes of practice and as addressed within their individual collaborating agreements.

Additionally, multiple amendments were made throughout N.J.A.C. § 13:35-4A.1 through 4A.12 (See N.J.A.C § 13:35-4A et seq). Notably, the amendments revise multiple definitions under the regulation, including “moderate sedation,” “early aspiration abortion,” and “office.”

NJDOH Re-Codifies Mental Health Program Under New Section

53 N.J.R. 2008(a): The New Jersey Department of Health (“NJDOH”) has readopted and recodified the regulations relating to licensure standards for mental health programs. Such regulations were formerly codified at N.J.A.C. § 10:190 et seq. Per the new rulemaking, the regulations are now codified at N.J.A.C. § 8:121 et seq. Technical changes principally reflect that these regulations shall now be enforced by the NJDOH Division of Certificate of Need and Licensing.

NJDOH Re-Codifies Residential Substance Use Disorder Treatment Facilities Under New Section

53 N.J.R. 2208(a): The NJDOH readopted and recodified the regulations relating to licensure standards of residential substance use disorder treatment facilities. Such regulations were formerly codified at N.J.A.C. § 10:161A et seq. Per the new rulemaking, the regulations are now codified at N.J.A.C. § 8:111 et seq. Technical changes principally reflect that these regulations shall now be enforced by the NJDOH Division of Certificate of Need and Licensing, as well as updating resource-related information (e.g. references to the latest version of the DSM).

Board of Examiners of Ophthalmic Dispensers and Technicians Regarding Certificate Programs 

53 N.J.R. 2229(b): The New Jersey Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians has adopted new rules and regulations regarding applications for an Ophthalmic Dispenser Apprentice Certificate and for an Ophthalmic Technician Apprentice Certificate. The rules establish new standards for applying for these certificates, though the new criteria do not apply to ophthalmic dispenser/technician apprentices or students who began their apprenticeships or coursework prior to 12/20/21. The new regulations may be found at N.J.A.C. § 13:33-1.1, 1.2, 2.1, 2.2, 8.9 and 1A.

Board of Dentistry Amends Scope of Practice for Dental Hygienists

54 N.J.R. 83(a): The New Jersey State Board of Dentistry ("BOD") adopted amendments to the scope of practice regulations for dental hygienists as well as the interval for inspection of permit holders who perform certain forms of sedation. Under the amendments, dental hygienists may now perform the removal of biofilm with prophy paste containing fluoride in a school setting under the general supervision of a licensed dentist. Moreover, the BOD has reduced the inspection interval from every six years to every five years for all dental offices in which parenteral conscious sedation or general anesthesia is conducted. The amended regulations may be found at N.J.A.C. § 13:30-1A.4, 8.2, and 8.3.

Board of Pharmacy Amends Labeling Requirements for Opioids

54 N.J.R. 88(a): The New Jersey State Board of Pharmacy adopted amendments to the labeling regulations regarding the color, font, and positioning of labels specifically affixed to prescriptions for opioid medications. Under the amendments, opioid medication labels must be (i) yellow, red or orange in color; printed in an easily and clearly readable, non-cursive font size of at least 10- point font; and, (iii) affixed to the side or cap of the prescription bottle or to the side of the box that contains the prescription label. The amended regulations may be found at N.J.A.C § 13:39-7.12(e).