Excecutive order No 112: Temporarily suspends statutory requirements for Joint protocol with collaborating physicians for Advance practice Nurses

Dear New Jersey Nurse Practitioners, 

As part of New Jersey's response to the continuing COVID-19 pandemic, Governor Phil Murphy issued Executive Order 112 on April 1, temporarily suspending certain laws and regulations related to health care providers and facilities. 

Specific to nurse practitioners, the order temporarily suspends statutory requirements relating to joint protocols with a collaborating physician. For advanced practice nurses acting within the scope of their education, training, experience and competence the order suspends the following requirements:

• Enter into a joint protocol with an individual collaborating physician who is present or readily available through electronic communication (N.J.S.A. 45:11-49);
• Include the name, address, and telephone number of a collaborating physician on prescriptions or orders (N.J.S.A. 45:11-49);
• Review patient charts and records with the collaborating physician (N.J.S.A. 45:11-49); and
• Obtain the authorization or written approval from a collaborating physician in order to dispense narcotic drugs for maintenance treatment or detoxification treatment or to determine the medical necessity for services for treatment of substance use disorder (N.J.S.A. 45:11-49.3).

Additional changes made by the Executive Order that may be relevant for NPs:

• Any requirement to hold a controlled dangerous substance registration as a precondition for registering with the Prescription Monitoring Program is suspended and waived for any healthcare professional with prescribing authority who is granted an expedited temporary license by the Director of the DCA and who holds a current valid registration with the U.S. Drug Enforcement Administration.
• Provides immunity from civil liability for health care practitioners for any damages alleged to have been sustained as a result of acts or omissions undertaken in good faith in the course of providing healthcare services in support of the State's COVID-19 response, whether or not within the scope of their practice, to the extent that the practitioner's existing liability insurance does not provide coverage or an applicable limit is exceeded, whether or not such immunity is otherwise available under current law. Such immunity shall not extend to acts or omissions that constitute a crime, actual fraud, actual malice, gross negligence or willful misconduct.

Changes made by the executive order shall remain in effect for the duration of the State of Emergency or Public Health Emergency, whichever is longer. 

For more information on the state's response to COVID-19, please visit New Jersey's COVID-19 Information Hub and the New Jersey Department of Health. AANP continues to monitor policy announcements related to COVID-19 and has put together a resource page on policy updates. AANP encourages you to visit this page frequently and continue to check the Government Affairs Update for new information. 

Thank you,
Joan Zaccardi, DNP, APN, FAANP, AANP New Jersey State Representative
Jamie Kings, AANP State Government Affairs Policy Analyst