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A2217
ASSEMBLY, No. 2217
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Assemblywoman LUANNE M. PETERPAUL
District 11 (Monmouth)
Co-Sponsored by:
Assemblywoman Drulis, Assemblyman Verrelli, Assemblywomen
Park and Haider
SYNOPSIS
���� Codifies authority for certain health care providers
to provide abortions and clarifies certain operational requirements for
abortion facilities.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning abortion, amending P.L.1991, c.378
and P.L.1971, c.136, and supplementing Title 45 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� (New section) The
Legislature finds and declares that:
���� a.� Targeted restrictions on
abortion providers, also referred to as TRAP laws, are medically unnecessary
restrictions on abortion providers that are implemented to make delivering and
accessing healthcare more difficult.�
���� b.� TRAP laws are common in
states hostile to abortion; however, New Jersey still has not updated statutory
law to expressly address these restrictions.
���� c.���� Many of these outdated
restrictions have already been revised through regulation by the Board of
Medical Examiner, so New Jersey Legislature must now solidify those updated
regulations into statute in order to secure access to abortion and all
reproductive healthcare now and in the future.�
���� d.��� Medically
unnecessary
facility requirements increase the cost of
healthcare delivery, create burdensome barriers to patients trying to access
abortion care, and require the New Jersey Department of Health staff to enforce
regulations that do not improve or promote patient health. Removing unnecessary
requirements would increase and ease access to reproductive health care and
allow providers to focus their resources on the needs of their patients.�
���� e.���� Expanding the type of
health care providers who can provide abortion services is critical to
increasing access to safe, timely, affordable and respectful abortion care. �
���� f.���� Through regulation,
this expansion has already been in effect in the State since 2021 allowing tens
of thousands of medical professionals to be trained to provide abortion
services.
���� g.��� Therefore, it is in the
best interest of the State to codify the expansion of the types of health care
providers who can provide abortions in the State in order to ensure that people
can access affordable, high quality health care in their own communities by a
provider of their choice and to meet the current and increasing unmet need for
abortion and other reproductive health services and to ensure access to
reproductive health care in New Jersey.
���� 2.� Section 12 of P.L.2017,
c.136 (C.26: 2H-12) is amended to read as follows:
���� 12.� a.� No health care
service or health care facility shall be operated unless it shall: (1) possess
a valid license issued pursuant to this act, which license shall specify the
kind or kinds of health care services the facility is authorized to provide;
(2) establish and maintain a uniform system of cost accounting approved by the
commissioner; (3) establish and maintain a uniform system of reports and audits
meeting the requirements of the commissioner; (4) prepare and review annually a
long range plan for the provision of health care services; and (5) establish
and maintain a centralized, coordinated system of discharge planning which
assures every patient a planned program of continuing care and which meets the
requirements of the commissioner which requirements shall, where feasible,
equal or exceed those standards and regulations established by the federal
government for all federally-funded health care facilities but shall not
require any person who is not in receipt of State or federal assistance to be
discharged against his will.
���� b.� (1) Application for a
license for a health care service or health care facility shall be made upon
forms prescribed by the department.� The department shall charge a single,
nonrefundable fee for the filing of an application for and issuance of a license
and a single, nonrefundable fee for any renewal thereof, and a single,
nonrefundable fee for a biennial inspection of the facility, as it shall from
time to time fix in rules or regulations; provided, however, that no such
licensing fee shall exceed $10,000 in the case of a hospital and $4,000 in the
case of any other health care facility for all services provided by the
hospital or other health care facility, and no such inspection fee shall exceed
$5,000 in the case of a hospital and $2,000 in the case of any other health
care facility for all services provided by the hospital or other health care
facility.� No inspection fee shall be charged for inspections other than
biennial inspections.� Any surgical practice required to apply for licensure by
the department as an ambulatory care facility pursuant to P.L.2017, c.283 shall
be exempt from the initial and renewal license fees required by this section.�
The application shall contain the name of the health care facility, the kind or
kinds of health care service to be provided, the location and physical
description of the institution, and such other information as the department
may require.
���� (2)�� A license shall be
issued by the department upon its findings that the premises, equipment,
personnel, including principals and management, finances, rules and bylaws, and
standards of health care service are fit and adequate and there is reasonable
assurance the health care facility will be operated in the manner required by
this act and rules and regulations thereunder.
���� (3)�� The department shall
post on its Internet website each inspection report prepared following an
inspection of a residential health care facility, as defined in section 1 of
P.L.1953, c.212 (C.30:11A-1) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1
et seq.), that is performed pursuant to this subsection, along with any other
inspection report prepared by or on behalf of the department for such facility.
���� If an inspection reveals a
serious health and safety violation at a residential health care facility, the
department shall post the inspection report, including the name of the facility
and the owner of the facility, on its website no later than 72 hours following
the inspection.� If a license of a residential health care facility is
suspended, the department shall post the suspension on its website no later
than 72 hours following the suspension.� The department shall update its
website to reflect the correction of a serious health and safety violation, and
the lifting of a suspension.
���� The department shall notify,
as soon as possible, the Commissioner of Human Services, or the commissioner's
designee, and the director of the county board of social services or county
welfare agency, as appropriate, in the county in which a residential health
care facility is located, of a serious health and safety violation at the
facility and of any suspension of a license to operate such facility.
���� If the inspection
responsibilities under this subsection with respect to such facility are
transferred or otherwise assigned to another department, that other department
shall post on its Internet website each inspection report prepared following an
inspection of such facility performed pursuant to this subsection, along with
any other inspection report prepared by or on behalf of that department for
such facility, and shall comply with the other requirements specified in this
subsection.
���� c.���� (Deleted by amendment,
P.L.1998, c.43)
���� d.��� The commissioner may
amend a facility's license to reduce that facility's licensed bed capacity to
reflect actual utilization at the facility if the commissioner determines that
10 or more licensed beds in the health care facility have not been used for at
least the last two succeeding years. For the purposes of this subsection, the
commissioner may retroactively review utilization at a facility for a two-year
period beginning on January 1, 1990.
���� e.���� If a prospective
applicant for licensure for a health care service or facility that is not
subject to certificate of need review pursuant to P.L.1971, c.136 (C.26:2H-1 et
al.) so requests, the department shall provide the prospective applicant with a
pre-licensure consultation.� The purpose of the consultation is to provide the
prospective applicant with information and guidance on rules, regulations,
standards and procedures appropriate and applicable to the licensure process.�
The department shall conduct the consultation within 60 days of the request of
the prospective applicant.
���� f.���� Notwithstanding the
provisions of any other law to the contrary, an entity that provides magnetic
resonance imaging or computerized axial tomography services shall be required
to obtain a license from the department to operate those services prior to commencement
of services, except that a physician who is operating such services on the
effective date of P.L.2004, c.54 shall have one year from the effective date of
P.L.2004, c.54 to obtain the license.
���� g.� (1) (Deleted by amendment,
P.L.2017, c.283)
���� (2)�� (Deleted by amendment,
P.L.2017, c.283)
���� (3)�� (Deleted by amendment,
P.L.2017, c.283)
���� (4) A surgical practice in
operation on the date of enactment of P.L.2017, c.283 shall be required to
apply to the department for licensure as an ambulatory care facility licensed
to provide surgical and related services within one year of the date of enactment
of P.L.2017, c.283.
���� A surgical practice that is
certified by the Centers for Medicare and Medicaid Services (CMS) shall not be
required to meet the physical plant and functional requirements specified in
N.J.A.C.8:43A-19.1 et seq.� A surgical practice that is not Medicare certified,
either by CMS or by any deeming authority recognized by CMS, but which has
obtained accreditation from the American Association of Ambulatory Surgery
Facilities or any accrediting body recognized by CMS and is in operation on the
date of enactment of P.L.2017, c.283, shall not be required to meet the
physical plant and functional requirements specified in N.J.A.C.8:43A-19.1 et
seq.� A surgical practice not in operation on the date of enactment of
P.L.2017, c.283, if it is certified by CMS as an ambulatory surgery center
provider, shall also be exempt from these requirements.� A surgical practice
required by this subsection to meet the physical plant and functional
requirements specified in N.J.A.C.8:43A-19.1 et seq. may apply for a waiver of
any such requirement in accordance with N.J.A.C.8:43A-2.9.� The commissioner
shall grant a waiver of those physical plant and functional requirements, as
the commissioner deems appropriate, if the waiver does not endanger the life,
safety, or health of patients or the public.
���� A surgical practice required
to be licensed pursuant to this subsection shall be exempt from the ambulatory
care facility assessment pursuant to section 7 of P.L.1992, c.160
(C.26:2H-18.57); except that, if the entity expands to include any additional
room dedicated for use as an operating room, the entity shall be subject to the
assessment.
���� (5)�� As used in this
subsection and subsection i. of this section, "surgical practice"
means a structure or suite of rooms that has the following characteristics:
���� (a)�� has no more than one
room dedicated for use as an operating room which is specifically equipped to
perform surgery, and is designed and constructed to accommodate invasive
diagnostic and surgical procedures;
���� (b)�� has one or more
post-anesthesia care units or a dedicated recovery area where the patient may
be closely monitored and observed until discharged; and
���� (c)�� is established by a
physician, physician professional association surgical practice, or other
professional practice form specified by the State Board of Medical Examiners
pursuant to regulation solely for the physician's, association's, or other
professional entity's private medical practice.
���� (6)�� Nothing in this
subsection shall be construed to limit the State Board of Medical Examiners
from establishing standards of care with respect to the practice of medicine.
���� h.��� An ambulatory care
facility licensed to provide surgical and related services shall be required to
obtain ambulatory care accreditation from an accrediting body recognized by the
Centers for Medicare and Medicaid Services as a condition of licensure by the
department.
���� An ambulatory care facility
that is licensed to provide surgical and related services on the effective date
of this section of P.L.2009, c.24 shall have one year from the effective date
of this section of P.L.2009, c.24 to obtain ambulatory care accreditation.
���� i.���� Beginning on the
effective date of this section of P.L.2009, c.24, and as provided in P.L.2017,
c.283, the department shall not issue a new license to an ambulatory care
facility to provide surgical and related services unless:
���� (1)�� in the case of a
licensed facility in which a transfer of ownership of the facility is proposed,
the commissioner reviews the qualifications of the new owner or owners and
approves the transfer;
���� (2) (a) except as provided in
subparagraph (b) of this paragraph, in the case of a licensed facility for
which a relocation of the facility is proposed, the relocation is within 20
miles of the facility's current location or the relocation is to a "Health
Enterprise Zone" designated pursuant to section 1 of P.L.2004, c.139
(C.54A:3-7), there is no expansion in the number of operating rooms provided at
the new location from that of the current location, and the commissioner
reviews and approves the relocation prior to its occurrence; or
���� (b)�� in the case of a
licensed facility described in paragraph (5) or (6) of this subsection for
which a relocation of the facility is proposed, the commissioner reviews and
approves the relocation prior to its occurrence;
���� (3)�� the entity is a surgical
practice required to be licensed pursuant to subsection g. of this section and
meets the requirements of that subsection;
���� (4)�� the entity has filed its
plans, specifications, and required documents with the Health Care Plan Review
Unit of the Department of Community Affairs or the municipality in which the
surgical practice or facility will be located, as applicable, on or before the
180th day following the effective date of this section of P.L.2009, c.24;
���� (5)�� the facility is owned
jointly by a general hospital in this State and one or more other parties;
���� (6)�� the facility is owned by
a hospital or medical school in this State, or the facility is owned by any
hospital approved on or before the effective date of P.L.2015, c.305 to provide
ambulatory surgery services in this State, or the facility is owned by a hospital
which applied on or before the effective date of P.L.2015, c.305 to provide
ambulatory surgery services in this State so long as the hospital is later
approved to provide ambulatory surgery services at the facility, or the
facility is owned by any hospital approved to provide ambulatory surgery
services at another facility in this State; or
���� (7) (a) the facility is a
newly licensed ambulatory surgical facility that was created by combining two
or more registered surgical practices, provided that the number of operating
rooms at the newly licensed facility is not greater than the total number of
operating rooms prior to the establishment of the newly licensed facility;
���� (b)�� the facility is a
licensed ambulatory surgical facility that has expanded by combining with one
or more registered surgical practices, provided that the number of operating
rooms at the newly expanded facility is not greater than the total number of
operating rooms prior to the combination of the practices and facility; or
���� (c)�� the facility is a
licensed ambulatory surgical facility that has expanded through the combination
of two or more licensed ambulatory surgical facilities, provided that the
number of operating rooms at the newly expanded facility is not greater than
the total number of operating rooms prior to the combining of the facilities.
���� Beginning on the effective
date of P.L.2017, c.283, the department shall not issue a new registration to a
surgical practice.� Any surgical practice in operation on the effective date of
P.L.2017, c.283 that proposes to relocate on or after the effective date of
P.L.2017, c.283 shall be required to be licensed by the department as an
ambulatory care facility providing surgical and related services pursuant to
subsection g. of this section.
���� j.���� (Deleted by amendment,
P.L.2017, c.283)
���� k.��� An ambulatory care
facility licensed to provide surgical and related services and a surgical
practice shall:
���� (1)�� report to the department
any change in ownership of the facility within 30 days of the change in
ownership; and
���� (2)�� annually report to the
department the name of the facility's medical director, physician director, and
physician director of anesthesia, as applicable, and the director of nursing
services.� The facility shall notify the department if there is any change in a
named director within 30 days of the change of the director.
����
l.� (1)� As used in this
section, an �abortion facility� means an ambulatory care facility licensed by
the Department of Health providing services that include, but are not limited
to, procedures resulting in the termination of pregnancy.� Such procedures
include early aspiration abortions and other related minor procedures not
requiring general anesthesia or the utilization of invasive surgical
techniques, which shall not be classified as either major or minor surgery.�
Neither an ambulatory care facility nor a medical practice providing medication
abortions, which involve only the prescription and administration of
medications to induce termination of pregnancy, shall be classified as an
abortion facility.
����
(2)� An abortion facility
shall not be required to be an ambulatory surgical facility or a surgical
practice license, to the extent that the facility performs abortion procedures
that do not require general anesthesia or an operating room, and such services
may be performed in procedure rooms, as defined by national architectural codes
utilized by the Department of Health in the construction of health care
facilities.� Nothing in this section shall be construed to require a private
professional office to be licensed as an ambulatory care facility or surgical
practice solely because early aspiration abortions without anesthesia services
are performed or medication abortions are offered at that office, or both,
provided that nothing in this subsection shall be construed to excuse the
health care professionals rendering those services in that private professional
office from adhering to all applicable regulations with respect to the standard
of care.� An entity seeking licensure as an ambulatory care facility or a
surgical practice at which early aspiration abortions, with or without
anesthesia services, would be performed, shall not be subject to the
limitations set forth at subsection i. of this section, so long as the facility
or surgical practice adheres to all applicable regulations with respect to the
standard of care.
(cf: P.L.2017, c.283, s.1)
���� 3.� Section 2 of P.L.1991,
c.378 (C.45:9-27.11) is amended to read as follows:
���� 2.��� As used in this act:
���� �Accredited program� means an
education program for physician assistants which is accredited by the
Accreditation Review Commission on Education for the Physician Assistant or its
predecessor or successor agency.
����
�Aspiration abortion� means
a procedure that terminates a pregnancy utilizing manual or electric suction to
empty the uterus.
���� �Board� means the State Board
of Medical Examiners created pursuant to R.S.45:9-1.
���� �Committee� means the
Physician Assistant Advisory Committee established pursuant to section 11 of
P.L.1991, c.378 (C.45:9-27.20).
���� �Director� means the Director
of the Division of Consumer Affairs.
���� �Health care facility� means a
health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2).
���� �Institution� means any of the
charitable, hospital, relief and training institutions, noninstitutional
agencies, and correctional institutions enumerated in R.S.30:1-7.
����
�Medication abortion�
means
the research-based use,
prescription, order, dispensing, administration, or any combination thereof as
applicable, of a medication or a combination of medications to induce
termination of pregnancy.
���� �Physician assistant� means a
health professional who meets the qualifications under P.L.1991, c.378
(C.45:9-27.10 et seq.) and holds a current, valid license issued pursuant to
section 4 of P.L.1991, c.378 (C.45:9-27.13).
���� �Physician� means a person
licensed to practice medicine and surgery pursuant to chapter 9 of Title 45 of
the Revised Statutes.
���� �Veterans' home� means the New
Jersey Veterans' Memorial Home - Menlo Park, the New Jersey Veterans' Memorial
Home - Vineland, and the New Jersey Veterans' Memorial Home - Paramus.
(cf: P.L.2015, c.224, s.1)
���� 4.� Section 7 of P.L.1991,
c.378 (C.45:9-27.16) is amended to read as follows:
���� 7. �a. �A physician assistant
may perform the following procedures:
���� (1)�� Approaching a patient to
elicit a detailed and accurate history, perform an appropriate physical
examination, identify problems, record information, and interpret and present
information to the supervising physician;
���� (2)�� Suturing and caring for
wounds including removing sutures and clips and changing dressings, except for
facial wounds, traumatic wounds requiring suturing in layers, and infected
wounds;
���� (3)�� Providing patient
counseling services and patient education consistent with directions of the
supervising physician;
���� (4)�� Assisting a physician in
an inpatient setting by conducting patient rounds, recording patient progress
notes, determining and implementing therapeutic plans jointly with the
supervising physician, and compiling and recording pertinent narrative case
summaries;
���� (5)�� Assisting a physician in
the delivery of services to patients requiring continuing care in a private
home, nursing home, extended care facility, or other setting, including the
review and monitoring of treatment and therapy plans; and
���� (6)�� Referring patients to,
and promoting their awareness of, health care facilities and other appropriate
agencies and resources in the community.
���� (7)�� (Deleted by amendment,
P.L.2015, c.224)
���� �b.�� A physician assistant
may perform the following procedures only when directed, ordered, or prescribed
by the supervising physician, or when performance of the procedure is delegated
to the physician assistant by the supervising physician as authorized under
subsection d. of this section:
���� (1)�� Performing non-invasive
laboratory procedures and related studies or assisting duly licensed personnel
in the performance of invasive laboratory procedures and related studies;
���� (2)�� Giving injections,
administering medications, and requesting diagnostic studies;
���� (3)�� Suturing and caring for
facial wounds, traumatic wounds requiring suturing in layers, and infected
wounds;
���� (4)�� Writing prescriptions or
ordering medications in an inpatient or outpatient setting in accordance with
section 10 of P.L.1991, c.378 (C.45:9-27.19);
���� (5)�� Prescribing the use of
patient restraints;
[
and
]
���� (6)�� Authorizing qualifying
patients for the medical use of cannabis and issuing written instructions for
medical cannabis to registered qualifying patients pursuant to P.L.2009, c.307
(C.24:6I-1 et al.)
; and
����
(7)� Performing aspiration
abortions
consistent with the physician assistant�s scope of practice, which shall
include the administration of sedation consistent with the physician
assistant�s scope of practice and training
.
���� c.���� A physician assistant
may assist a supervising surgeon in the operating room when a qualified
assistant physician is not required by the board and a second assistant is
deemed necessary by the supervising surgeon.
���� d.��� A physician assistant
may perform medical services beyond those explicitly authorized in this
section, when such services are delegated by a supervising physician with whom
the physician assistant has signed a delegation agreement pursuant to section 8
of P.L.1991, c.378 (C.45:9-27.17).� The procedures delegated to a physician
assistant shall be limited to those customary to the supervising physician's
specialty and within the supervising physician's and the physician assistant's
competence and training.
���� e.���� Notwithstanding
subsection d. of this section, a physician assistant shall not be authorized to
measure the powers or range of human vision, determine the accommodation and
refractive states of the human eye, or fit, prescribe, or adapt lenses, prisms,
or frames for the aid thereof.� Nothing in this subsection shall be construed
to prohibit a physician assistant from performing a routine visual screening.
����
f.� Nothing in P.L.2021,
c.375 (C.10:7-1 et seq.) shall effect or limit in anyway a physician assistant
who is licensed, certified, or otherwise authorized by law to practice in this
State from performing aspiration abortion, providing medication abortion, or
managing the spontaneous termination of a pregnancy in accordance with the
physician assistant�s scope of practice and with any regulations promulgated by
the State Board of Medical Examiners.
(cf: P.L.2019, c.153, s.45)
���� 5. �Section 10 of P.L.1991,
c.378 (C.45:9-27.19) is amended to read as follows:
���� 10.� A physician assistant may
order, prescribe, dispense, and administer medications and medical devices
,
and
issue written instructions to registered qualifying patients for medical
cannabis to the extent delegated by a supervising physician.
���� a.���� Controlled dangerous
substances may only be ordered or prescribed if:
���� (1)�� a supervising physician
has authorized a physician assistant to order or prescribe Schedule II, III,
IV, or V controlled dangerous substances in order to:
���� (a)�� continue or reissue an
order or prescription for a controlled dangerous substance issued by the
supervising physician;
���� (b)�� otherwise adjust the
dosage of an order or prescription for a controlled dangerous substance
originally ordered or prescribed by the supervising physician, provided there
is prior consultation with the supervising physician;
���� (c)�� initiate an order or
prescription for a controlled dangerous substance for a patient, provided there
is prior consultation with the supervising physician if the order or
prescription is not pursuant to subparagraph (d) of this paragraph; or
���� (d)�� initiate an order or
prescription for a controlled dangerous substance as part of a treatment plan
for a patient with a terminal illness, which for the purposes of this
subparagraph means a medical condition that results in a patient's life
expectancy being 12 months or less as determined by the supervising physician;
���� (2)�� the physician assistant
has registered with, and obtained authorization to order or prescribe
controlled dangerous substances from, the federal Drug Enforcement
Administration and any other appropriate State and federal agencies; and
���� (3)�� the physician assistant
complies with all requirements which the board shall establish by regulation
for the ordering, prescription, or administration of controlled dangerous
substances, all applicable educational program requirements, and continuing professional
education programs approved pursuant to section 16 of P.L.1991, c.378
(C.45:9-27.25).
���� b.��� (Deleted by amendment,
P.L.2015, c.224)
���� c.���� (Deleted by amendment,
P.L.2015, c.224)
���� d.��� In the case of an order
or prescription for a controlled dangerous substance or written instructions
for medical cannabis, the physician assistant shall print on the order or
prescription or the written instructions the physician assistant's Drug Enforcement
Administration registration number.
���� e.���� The dispensing of
medication or a medical device by a physician assistant shall comply with
relevant federal and State regulations, and shall occur only if:� (1) pharmacy
services are not reasonably available; (2) it is in the best interest of the
patient; or (3) the physician assistant is rendering emergency medical
assistance.
���� �f.��� A physician assistant
may request, receive, and sign for prescription drug samples and may distribute
those samples to patients.
���� �g.�� A physician assistant
may issue written instructions to a registered qualifying patient for medical
cannabis pursuant to section 10 of P.L.2009, c.307 (C.24:6I-10) only if:
���� (1)�� a supervising physician
has authorized the physician assistant to issue written instructions to
registered qualifying patients;
���� (2)�� the physician assistant
verifies the patient's status as a registered qualifying patient; and
���� (3)�� the physician assistant
complies with the requirements for issuing written instructions for medical
cannabis established pursuant to P.L.2009, c.307 (C.24:6I-1 et al.).
����
h.��� A physician assistant
may order, prescribe, dispense, and administer medication abortions.
(cf: P.L.2019, c.153, s.46)
���� 6. �(New section)� a.� A
certified nurse midwife or certified midwife may perform aspiration abortions, which
may include the administration of moderate sedation, consistent with the health
care professional�s scope of practice and training and consistent with
regulations of the applicable licensing board.
���� b. �A certified nurse midwife
authorized to prescribe drugs pursuant to section 2 of P.L. 1991, c. 97
(C.45:10-18), may order, prescribe, dispense, and administer medication
abortions.
���� c. �A certified nurse midwife
who is not authorized to prescribe drugs pursuant to section 2 of P.L. 1991, c.
97 (C.45:10-18) or a certified midwife may provide medication abortions if the
use of the medication is authorized by a standing order issued by a physician.
���� d.� Nothing in P.L.2021, c.375
(C.10:7-1 et seq.) shall effect or limit in anyway a certified nurse midwife or
certified midwife who is licensed, certified, or otherwise authorized by law to
practice in this State from performing aspiration abortion, providing
medication abortion, or managing the spontaneous termination of a pregnancy in
accordance with the certified nurse midwife or certified midwife�s scope of
practice and with any regulations promulgated by the State Board of Medical
Examiners.
���� e.� As used in this section:
���� �Aspiration abortion� means a
procedure that terminates a pregnancy utilizing manual or electric suction to
empty the uterus.
���� �Medication abortion� means
the use, prescription, order, dispensing,
administration, or any combination thereof as applicable, of a medication or a
combination of medications to induce termination of pregnancy.
���� �Moderate sedation� means a drug-induced depression of
consciousness during which patients respond purposefully to verbal commands,
either alone, or accompanied by light tactile stimulation, no interventions are
required to maintain a patent airway, spontaneous ventilation is adequate, and
cardiovascular function is usually maintained. ��Moderate sedation� does not
include an oral dose of pain medication or minimal pre-procedure
tranquilization, such as the administration of a pre-procedure oral dose of a
benzodiazepine designed to calm the patient.� �Moderate sedation� shall be
synonymous with the term �sedation/analgesia� as used by the American Society
of Anesthesiologists.
���� 7. �(New section)� a.� An
advanced practice nurse may perform aspiration abortions, which may include the
administration of moderate sedation, and administer medication abortions consistent
with the advanced practice nurse�s scope of practice and training and
consistent with regulations of the New Jersey Board of Nursing.
���� b.� Nothing in P.L.2021, c.375
(C.10:7-1 et seq.) shall effect or limit in anyway an advanced practice nurse
who is licensed, certified, or otherwise authorized by law to practice in this
State from performing aspiration abortion, providing medication abortion, or
managing the spontaneous termination of a pregnancy in accordance with the advanced
practice nurse�s scope of practice and with any regulations promulgated by the
New Jersey Board of Nursing.
���� c.� As used in this section:
���� �Aspiration abortion� means a
procedure that terminates a pregnancy utilizing manual or electric suction to
empty the uterus.
���� �Medication abortion� means
the use, prescription, order, dispensing,
administration, or any combination thereof as applicable, of a medication or a
combination of medications to induce termination of pregnancy.
���� �Moderate sedation� means a drug-induced depression of
consciousness during which patients respond purposefully to verbal commands,
either alone, or accompanied by light tactile stimulation, no interventions are
required to maintain a patent airway, spontaneous ventilation is adequate, and
cardiovascular function is usually maintained.� �Moderate sedation� does not
include an oral dose of pain medication or minimal pre-procedure
tranquilization, such as the administration of a pre-procedure oral dose of a
benzodiazepine designed to calm the patient.� �Moderate sedation� shall be
synonymous with the term �sedation/analgesia� as used by the American Society
of Anesthesiologists.
���� 8.� (New section)� The
Commissioner of Health and the Director of the Division of Consumer Affairs
shall adopt rules and regulations, pursuant to the �Administrative Procedure
Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement
the provisions of P.L.��� , c.��� (C.����� ) (pending before the Legislature as
this bill).� The State Board of Medical Examiners and the New Jersey Board of
Nursing shall additionally adopt rules and regulations, pursuant to the
�Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), with
respect to the health care professionals under each licensing board�s
respective jurisdiction, as may be necessary to implement the provisions of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill).
���� Notwithstanding the provisions
of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.), to the contrary, the commissioner and director may adopt, immediately
upon filing with the Office of Administrative Law, regulations that the
commissioner and director deem necessary to effectuate the purposes of this
section, which regulations shall be effective for a period not to exceed 18
months from the date of the filing.� The commissioner and director may
thereafter amend, adopt, or readopt the regulations in accordance with the
requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).
���� 9.��� This act shall take
effect immediately.
STATEMENT
���� This bill codifies the
authority of physician assistants, certified nurse midwives, certified
midwives, and advanced practice nurses to provide abortions.
���� Under the bill, physician
assistants can perform aspiration abortions consistent with the physician
assistant�s scope of practice, which can include the administration of sedation
consistent with the physician assistant�s scope of practice and training and a
physician assistant can order, prescribe, dispense, and administer medication
abortions.
���� Under the bill, certified
nurse midwives and certified midwives can perform aspiration abortions, which
may include the administration of moderate sedation, consistent with their
scope of practice and training and consistent with regulations of the
applicable licensing board.� A certified nurse midwife authorized to prescribe
drugs pursuant to section 2 of P.L. 1991, c. 97 (C.45:10-18), may order,
prescribe, dispense, and administer medication abortions.� A certified nurse
midwife who is not authorized to prescribe drugs pursuant to section 2 of P.L.
1991, c. 97 (C.45:10-18) or a certified midwife may provide medication
abortions if the use of the medication is authorized by a standing order issued
by a physician.
���� Under the bill, advanced
practice nurses may perform aspiration abortions, which may include the
administration of moderate sedation, and administer medication abortions consistent
with the advanced practice nurse�s scope of practice and training and
consistent with regulations of the New Jersey Board of Nursing.
���� The bill provides that an abortion
facility will not be required to be an ambulatory surgical facility or a
surgical practice license, to the extent that the facility performs abortion
procedures that do not require general anesthesia or an operating room, and
such services may be performed in procedure rooms.� An entity seeking licensure
as an ambulatory care facility or a surgical practice at which early aspiration
abortions would be performed will not be subject to certain limitations under
current law for ambulatory care facilities, so long as the facility or surgical
practice adheres to all applicable regulations with respect to the standard of
care.