This fifth entry to our 2022 Regulatory Update further reviews regulatory changes published this year through the New Jersey Register (N.J.R.) including a new public notice on the amount of “modest meals” for prescribers, new prescribing authority for nurses and the revocation of certain COVID-19 related waivers. Although this is the final installment of this Update, we are certain that more regulations will be finalized before the end of this year.

DCA Issues Public Notice on Modest Meal Rule for Prescribers

54 N.J.R. 1747(a): The New Jersey Division of Consumer Affairs ("DCA") has published a public notice defining the current dollar limits for “modest meals” accepted by prescribers from pharmaceutical manufacturers. This notice updates rules set by the New Jersey Attorney General, under the authority of N.J.S.A. 45:1-17(b), to regulate the receipt and acceptance by prescribers of anything of value from pharmaceutical manufacturers. Prescribers, who are not speaking or providing promotional activities, and who accept meals beyond the prescribed “modest” value limits from a pharmaceutical manufacturer, may be liable under N.J.A.C. § 13:45J-1 et seq. for the undue acceptance of a gift or compensation. The current dollar limits for “modest meals” may be found here.

Boards of Nursing and Optometry Amend Regulations to Permit Co-Prescribing of Narcan With Opiates

54 N.J.R. 1174(a): The New Jersey Board of Nursing amended rules regarding the prescription of opioid painkillers by advanced practice nurses ("APNs") to reflect new, limited circumstances, in which a patient may also be prescribed an opioid antidote, such as Narcan. The amended regulation provides an update for the term “opioid antidote,” and also defines the situations in which the simultaneous prescription of opioids and opioid antidotes are appropriate (e.g., a patient with a history of a substance abuse disorder). The updated definitions and amended prescribing standards may be found at N.J.A.C. § 13:37-7.9A.

54 N.J.R. 1175(a): Similarly, the New Jersey Board of Optometry amended rules regarding the prescription of opioid painkillers by optometrists to reflect new, limited circumstances, in which a patient may also be prescribed an opioid antidote, such as Narcan. The updated Board of Optometry regulations may be found at N.J.A.C. § 13:38-2.5.

Board of Polysomnography Adopts Telemedicine and Telehealth Rules

54 N.J.R. 1176(a): The New Jersey Board of Polysomnography has implemented the New Jersey telehealth statutes (N.J.S.A. § 45:1-16 et seq.) by adopting telemedicine and telehealth rules for polysomnographic technologists, technicians, and trainees. 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. § 13:44L-7 et seq.

Board of Nursing Readopts Rules Regarding Power of Attorney and Financial Misconduct

54 N.J.R. 1415(a): The New Jersey Board of Nursing readopted, without change, its regulations regarding powers of attorney and other prohibited forms of financial misconduct between licensees and their patients. These regulations specifically prohibit both nurses and homemaker-home health aides from having power of attorney over a patient or accepting financial loans from patients. Additionally, these regulations require licensees to specifically document any gift or money from a patient over $50 in value. The regulations may be found at N.J.A.C. § 13:37-5.4 for nurses and N.J.A.C. § 13:37-14.18 for homemaker-home health aides.

NJDOH Approves Revocation of Further COVID-19 Rule Waivers

54 N.J.R. 1573(a): The New Jersey Department of Health (“NJDOH”) announced that multiple rule waivers instituted in response to the COVID-19 Public Health Emergency would be revoked effective July 18, 2022. Pursuant to Executive Order 281 and its Appendix, certain rule waivers and regulatory relaxations were granted in order to address unique challenges presented by pandemic-related health challenges and administrative difficulties. Following the termination of the New Jersey COVID-19 Public Health Emergency, via revocation of Executive Order 103, multiple rule waivers were granted a grace period in recognition of ongoing challenges posed by the emergence of new COVID-19 variants. A full list of rule waivers terminated as of July 18, 2022 can be found here.

NJDOH Readopts Ambulatory Care Facility Annual Assessment Regulations

54 N.J.R. 1299(a): NJDOH readopted its regulations relating to its annual assessment reports and fees for ambulatory care facilities by the Division of Certificate of Need and Licensing. Although the provisions were readopted without change, ambulatory care facility administrators should be aware that the annual assessment fees must either be remitted electronically, via, or via mail to: Ambulatory Care Facility Payment Unit, Accounting and Procurement, New Jersey Department of Health, 55 North Willow Street, 6th Floor, PO Box 360, Trenton, NJ 08625-0360. The telephone number for the Ambulatory Care Facility Payment Unit is (609) 376-8530. The readopted regulations may be found at N.J.A.C. § 8:31A-1.1, 2.1, 2.2, 2.3, 3.1, 3.2, and 4.1.