On June 16, 2021, the New Jersey Department of Health (“NJDOH”) updated its guidance, Executive Directive 20-016, on the resumption of elective surgeries at licensed Ambulatory Surgical Centers (“ASC”). Among other changes, pursuant to the updated guidance, patients no longer have to obtain COVID-19 testing or self-quarantine prior to a surgical procedure at an ASC if the patient has been fully vaccinated for two weeks. Similarly, patients who tested positive for COVID-19 in the last ninety (90) days before their procedure, completed the appropriate isolation and are asymptomatic no longer have to obtain COVID-19 testing or self-quarantine. Patients are required to provide proof that they meet the criteria. Patients that do not meet the criteria are required to obtain COVID-19 testing and self-quarantine.

NJDOH issued a similar COVID-19 testing update for hospitals, Executive Directive No. 20-018.

The Division of Consumer Affairs (“DCA”) recently revised its guidance, DCA Administrative Order No. 2021-11, regarding office-based procedures, including procedures in registered surgical practices. However, the DCA has yet to eliminate COVID-19 testing for vaccinated patients or patients who previously tested positive for COVID-19.