October 12, 2021 | Comments Off on September 2021 State Regulatory Developments
Posted by Anjali Baxi
Below are the most recent health care related regulatory developments as published in the New Jersey Register in September 2021:
- On September 7, 2021, at 53 N.J.R. 1418(a), the Office of the Governor released Executive Order No. 252 directing vaccination or testing requirements for workers in health care facilities and high-risk settings. Health care and high-risk congregate settings must retain a policy that requires its workers to provide proof of full COVID-19 vaccination or complete COVID-19 testing one to two times per week. The order addresses what documents may be presented to show proof of vaccination. Additionally, it lists what specific settings and workers are deemed “covered.” See Exec. Order. No. 252.
- On September 7, 2021, at 53 N.J.R. 1440(a), the Department of Health, Public Health Services Branch, Division of HIV, STD, and TB Services, proposed recodification, amendments, new rules, and repeals. The amendments address spelling and language changes, as well as definitional changes and additions. The new rules would add web-based publications that the Department uses for reference. See proposed N.J.A.C. 8:57-2.1, 2.3, 2.11. See proposed N.J.A.C. 8:65-1.2, 1.4, 2, 3.1, 3.3. See proposed N.J.A.C. 8:57-2.2, 2.4 through 2.10, 2.12.
- On September 7, 2021, at 53 N.J.R. 1451(a), the Department of Human Services, Division of Medical Assistance and Health Services, proposed the readoption of the Transportation Services Manual with amendments. See proposed N.J.A.C. 10:50, as well as, proposed repeal of certain sections of the chapter. See proposed N.J.A.C. 10:50-1.8, 1.10, 1.11, 1.12, 1.13.
- On September 7, 2021, at 53 N.J.R. 1490(a), the Commission of the Department of Human Services readopted the Rules of Practice; Petition for Rulemaking, with technical changes. See N.J.A.C. 10:1.
- On September 7, 2021, at 53 N.J.R. 1491(a), the Department of Human Services, Office of Licensing readopted the Standards for Private Licensed Facilities for Persons with Developmental Disabilities. See N.J.A.C. 10:47.
- On September 7, 2021, at 53 N.J.R. 1491(b), the Department of Human Services, Division of Medical Assistance and Health Services readopted Psychiatric Adult Acute Partial Hospital and Partial Hospital Services. See N.J.A.C. 10:52A.
- On September 7, 2021, at N.J.R. 1492(a), the Department of Human Services, Division of Medical Assistance and Health Services readopted Case Management Services with technical changes. See N.J.A.C. 10:73.
- On September 7, 2021 at 53 N.J.R. 1499(a), the Department of Labor and Workforce Development, Division of Wage and Hour Compliance readopted the Notification Concerning Health Benefits Plans. See N.J.A.C. 12:63.
- On September 7, 2021, at 53 N.J.R. 1500(a), the Department of Labor and Workforce Development, Division of Workers’ Compensation readopted the Rules of the Division of Workers’ Compensation. See N.J.A.C. 12:235.
- On September 7, 2021, at 53 N.J.R. 1500(b), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Physical Therapy Examiners readopted the Rules of the State Board of Physical Examiners with amendments. See N.J.A.C. 13:39A. Additionally, repeals and new rules were adopted. See N.J.A.C. 13:39A-5.5, 5A and N.J.A.C. 13:39A-4.3, 5.2A.
- On September 7, 2021, the Department of Labor and Workforce Development, Public Safety and Occupational Safety and Health adopted a special amendment to protect healthcare workers from occupational exposure to COVID-19 in settings where people with COVID-19 are expected to be. Healthcare employers must implement plans to control COVID-19 hazards and reduce transmission in the workplace, along with other rules regarding COVID-19 in the healthcare workplace. See adopted N.J.A.C 12:100-4.2.
- On September 20, 2021, at 53 N.J.R. 1558(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners, Electrologists Advisory Committee proposed amendments, repeal, and new rules. These changes include definitional updates, reference changes and removal, as well as relocating the renewal and reinstatement provisions that relate to an office premise license. See proposed N.J.A.C. 13:35-12.1, 12.2, 12.6 through 12.13, 12.15, 12.19. See proposed repeal N.J.A.C. 13:35-12:14. See proposed N.J.A.C. 13:35-12.10A, 12.14A, 12.14B.
- On September 20, 2021, at 53 N.J.R. 1562(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Pharmacy proposed a new rule that will require every pharmacy permit holder to implement a continuous quality improvement program to address prescription errors. See proposed N.J.A.C. 13:39-1.9.
- On September 20, 2021, at 53 N.J.R. 1570(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Psychological Examiners adopted amendments, new rules, and repeals that revise the standard for denying a license based on conduct constituting a crime or offense. See adopted N.J.A.C. 13:42-5.3, 10.17, 9.3, 10.4, 10.18, 11.4, 10.18.
- On September 20, 2021, at 53 N.J.R. 1580(a), the Department of Treasury, Cannabis Regulatory Commission, recodified the Department of Health’s rules to account for the creation of the Cannabis Regulatory Commission. See recodification of N.J.A.C. 8:64 as 17:30A.
Special thanks to Jessica Warwick, Law Student Intern
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