Revises statutory law to change title of "physician assistant" to "physician associate."

A4958

ASSEMBLY, No. 4958

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 7, 2026

Sponsored by:

Assemblywoman� LISA SWAIN

District 38 (Bergen)

SYNOPSIS

���� Revises statutory law to change title of
"physician assistant" to "physician associate."

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the appellation of physician assistant and
amending various parts of the statutory law.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 7 of P.L.1983,
c.17 (C.9:17-44) is amended to read as follows:

���� 7.��� a. If, under the
supervision of a licensed physician, a physician
[
assistant
]

associate
,
or an advanced practice nurse, and with the consent of her spouse or partner in
a civil union, a woman is inseminated artificially with semen donated by a man
not her spouse or partner, the spouse or partner is treated in law as if the
spouse or partner were the legal parent of a child thereby conceived.� The
consent of the spouse or partner shall be in writing and signed by both parties
to the marriage or civil union. �The physician, physician
[
assistant
]

associate
,
or advance practice nurse shall certify their signatures and the date of the
insemination, upon forms provided by the Department of Health, and file the
consent with the Department of Health, where it shall be kept confidential and
in a sealed file.� However, the physician's, physician
[
assistant's
]

associate�s
,
or advance practice nurse's failure to do so shall not affect the parent and
child relationship of the spouse or partner.� All papers and records pertaining
to the insemination, whether part of the permanent record of a court or of a
file held by the supervising physician,
[
physician's
assistant
]

physician associate
, or advance practice nurse or elsewhere, are subject
to inspection only upon an order of the court for compelling reasons clearly
and convincingly shown.

���� b.��� Unless the donor of
semen and the woman have entered into a written contract to the contrary, the
donor of semen provided to a licensed physician, physician
[
assistant
]

associate
,
or advance practice nurse for use in artificial insemination of a woman other
than the spouse or partner in a civil union is treated in law as if the donor
of semen were not the legal parent of a child thereby conceived and shall have
no rights or duties stemming from the conception of a child.

���� c.���� This section shall not
apply in a proceeding to determine parentage of a child born in connection with
a gestational carrier agreement executed in accordance with the provisions of
P.L.2018, c.18 (C.9:17-60 et al.).

(cf: P.L.2018, c.18, s.13)

���� 2.��� Section 3 of P.L.2018,
c.18 (C.9:17-62) is amended to read as follows:

���� 3.��� Definitions.

���� As used in
[
this act
]

P.L.2018,
c.18 (C.9:17-60 et seq.)
:

���� "Advanced practice
nurse" means a person certified in accordance with the provisions of
section 8 or 9 of P.L.1991, c.377 (C.45:11-47 or 45:11-48).

���� "Assisted reproductive
technology" means procreative laboratory procedures involving human eggs
or pre-embryos, including, but not limited to:� in vitro fertilization; embryo
transfer; gamete transfer; pronuclear stage transfer; and zygote transfer.

���� "Attorney" means a
person licensed to practice law in New Jersey or another state or the District
of Columbia.

���� "Certified nurse
midwife" means a midwife licensed by the State Board of Medical Examiners
as a certified nurse midwife pursuant to the provisions of P.L.1991, c.97
(C.45:10-17 et al.).

���� "Donor" means a
person who contributes gametes for use in assisted reproduction.� The term does
not include an intended parent who contributes gametes to be used in assisted
reproduction pursuant to a valid gestational carrier agreement.

���� "Fertilization"
means the initial union of the sperm and the egg.

���� "Gamete" means sperm
or egg.

���� "Gestational
carrier" means a woman 21 years of age or older who agrees to become
pregnant for an intended parent by assisted reproductive technology without the
use of her own egg.

���� "Gestational carrier
agreement" means the written contract between the gestational carrier and
the intended parent, pursuant to which the intended parent agrees to become the
legal parent of a child created through assisted reproductive technology and
carried by the gestational carrier.

���� "Implantation" means
when the fertilized egg adheres to the gestational carrier's uterine wall.

���� "Intended parent"
means a person who enters into a gestational carrier agreement with a
gestational carrier pursuant to section 6 of P.L.2018, c.18 (C.9:17-65),
pursuant to which the person shall be the legal parent of the resulting child.�
The term shall include persons who are single, married, partners in a civil
union or domestic partnership, and couples who are not married or in a civil
union or domestic partnership.� Any reference to an intended parent shall
include both spouses or partners in a civil union or domestic partnership.�
This term shall include the intended mother, the intended father, the intended
mother and intended father, the intended mother and intended mother, or the
intended father and intended father.

���� "In vitro
fertilization" means all medical and laboratory procedures that are
required to effectuate the formation of a human embryo outside the human body.

���� "Medical evaluation"
means an evaluation and consultation by a physician, a physician
[
assistant
]

associate
,
a certified nurse midwife, or an advanced practice nurse.

���� "Order of parentage"
means a judgment determining parentage pursuant to the provisions of a
gestational carrier agreement that satisfies P.L.2018, c.18 (C.9:17-60 et al.).

���� "Physician" means a
person licensed to practice medicine in New Jersey pursuant to R.S.45:9-1 et
seq. or licensed to practice in any one of the United States or its
territories, or the District of Columbia.

���� "Physician
[
assistant
]

associate
"
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).

���� "Pre-embryo" is a
fertilized egg prior to 14 days of development.

���� "Pre-embryo
transfer" means all medical and laboratory procedures that are necessary
to effectuate the transfer of a pre-embryo into the uterine cavity.

���� "Psychological
evaluation" means an evaluation and consultation by a clinical social
worker, psychotherapist, or psychiatrist licensed by the State of New Jersey or
licensed to practice in any one of the United States or its territories, or the
District of Columbia.

���� "Reasonable
expenses" means medical, hospital, counseling or other similar expenses
incurred in connection with the gestational carrier agreement, reasonable
attorney fees and costs for legal services in connection with the gestational
carrier agreement, and the reasonable living expenses of the gestational
carrier during her pregnancy including payments for reasonable food, clothing,
medical expenses, shelter, and religious, psychological, vocational, or similar
counseling services during the period of the pregnancy and during the period of
postpartum recovery.� These payments may be made directly to the gestational
carrier or on the gestational carrier's behalf to the supplier of the goods or
services pursuant to the gestational carrier agreement.

(cf: P.L.2018, c.18, s.3)

���� 3.��� Section 6 of P.L.2018,
c.18 (C.9:17-65) is amended to read as follows:

���� 6.��� Requirements for a
Gestational Carrier Agreement.

���� a.���� A gestational carrier
agreement shall satisfy the following requirements:

���� (1)�� It is in writing and
executed by the gestational carrier, her spouse or partner in a civil union or
domestic partnership, if any, and each intended parent.� If the intended parent
is married or in a domestic partnership or civil union at the time the intended
parent enters the agreement, both spouses or partners shall meet the
requirements of subsection b. of section 5 of P.L.2018, c.18 (C.9:17-64) and
shall be required to enter into the agreement as intended parents.� If the
intended parent is not married or in a civil union or domestic partnership, no
other person shall be deemed a legal parent of the child unless that person
meets the requirements of subsection b. of section 5 of P.L.2018, c.18
(C.9:17-64) and duly executes the agreement;

���� (2)�� It is executed after the
required medical and psychological screenings of the gestational carrier and
the psychological screening of the intended parent, but prior to the
commencement of any other necessary medical procedures in furtherance of the
implantation of the pre-embryo; and

���� (3)�� The gestational carrier
and her spouse or partner, if any, and the intended parent shall have been
represented by separate attorneys in all matters relating to the gestational
carrier agreement and each attorney provides an affidavit of such representation.

���� b.��� A gestational carrier
agreement shall provide:

���� (1)�� Express terms that the
gestational carrier shall:

���� (a)�� Undergo pre-embryo
transfer and attempt to carry and give birth to the child;

���� (b)�� Surrender custody of the
child to the intended parent immediately upon the child's birth; and

���� (c)�� Have the right to
medical care for the pregnancy, labor, delivery, and postpartum recovery
provided by a physician, physician
[
assistant
]

associate
,
advance practice nurse, or certified nurse midwife of her choice, after she
notifies, in writing, the intended parent of her choice;

���� (2)�� An express term that, if
the gestational carrier is married or in a civil union or domestic partnership,
the spouse or partner agrees to the obligations imposed on the gestational
carrier pursuant to the terms of the gestational carrier agreement and to surrender
custody of the child to the intended parent immediately upon the child's birth;
and

���� (3)�� Express terms that the
intended parent shall:

���� (a)�� Accept custody of the
child immediately upon the child's birth; and

���� (b)�� Assume sole
responsibility for the support of the child immediately upon the child's birth.

���� c.���� A gestational carrier
agreement shall be presumed enforceable if:

���� (1)�� It satisfies the
contractual requirements set forth in subsection a. of this section; and

���� (2)�� It contains at a minimum
each of the terms set forth in subsection b. of this section.

���� In addition, an enforceable
gestational carrier agreement shall include a provision setting forth the
financial responsibilities of the parties and shall include a provision that
the intended parent shall pay the gestational carrier's reasonable expenses, as
defined herein, unless expressly waived, in whole or in part, in writing by the
gestational carrier.

���� d.��� In the event that any of
the requirements of this section are not met, a court of competent jurisdiction
shall determine parentage

based on the parties' intent.

(cf: P.L.2018, c.18, s.6)

���� 4.��� Section 1 of P.L.1968,
c.230 (C.9:17A-4) is amended to read as follows:

���� 1.��� a. (1) The consent to
the provision of medical or surgical care or services or a forensic sexual
assault examination by a hospital or public clinic, or consent to the
performance of medical or surgical care or services or a forensic sexual
assault examination by a health care professional, when executed by a minor who
is or believes that he or she may have a sexually transmitted infection, or who
is at least 13 years of age and is or believes that he or she may be infected
with the human immunodeficiency virus or have acquired immune deficiency
syndrome, or by a minor who, in the judgment of the treating health care
professional, appears to have been sexually assaulted, shall be valid and
binding as if the minor had achieved the age of majority. �Any such consent
shall not be subject to later disaffirmance by reason of minority.� In the case
of a minor who appears to have been sexually assaulted, the minor's parents or
guardian shall be notified immediately, unless the treating healthcare professional
believes that it is in the best interests of the patient not to do so.�
Inability of the treating health care professional, hospital, or clinic to
locate or notify the parents or guardian shall not preclude the provision of
any emergency or medical or surgical care to the minor or the performance of a
forensic sexual assault examination on the minor.

���� (2)�� As used in this
subsection, "health care professional" means a physician, physician
[
assistant
]

associate
,
nurse, or other health care professional whose professional practice is
regulated pursuant to Title 45 of the Revised Statutes.

���� b.��� When a minor believes
that he or she is adversely affected by a substance use disorder involving
drugs or is a person with a substance use disorder involving drugs as defined
in section 2 of P.L.1970, c.226 (C.24:21-2) or is adversely affected by an alcohol
use disorder or is a person with an alcohol use disorder as defined in section
2 of P.L.1975, c.305 (C.26:2B-8), the minor's consent to treatment under the
supervision of a physician licensed to practice medicine, or an individual
licensed or certified to provide treatment for an alcohol use disorder, or in a
facility licensed by the State to provide for the treatment of an alcohol use
disorder, shall be valid and binding as if the minor had achieved the age of
majority.� Any such consent shall not be subject to later disaffirmance by
reason of minority.� Treatment for an alcohol use disorder or a substance use
disorder involving drugs that is consented to by a minor shall be considered
confidential information between the physician, the treatment provider, or the
treatment facility, as appropriate, and the patient, and neither the minor nor
the minor's physician, treatment provider, or treatment facility, as
appropriate, shall be required to report such treatment when it is the result
of voluntary consent, except as may otherwise be required by law.

���� When a minor who is sixteen
years of age or older believes that he or she is in need of behavioral health
care services for the treatment of mental illness or emotional disorders, the
minor's consent to temporary outpatient treatment, excluding the use or
administration of medication, under the supervision of a physician licensed to
practice medicine, an advanced practice nurse, or an individual licensed to
provide professional counseling under Title 45 of the Revised Statutes,
including, but not limited to, a psychiatrist, licensed practicing
psychologist, certified social worker, licensed clinical social worker,
licensed social worker, licensed marriage and family therapist, certified
psychoanalyst, or licensed psychologist, or in an outpatient health care
facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), shall be
valid and binding as if the minor had achieved the age of majority.� Any such
consent shall not be subject to later disaffirmance by reason of minority.�
Treatment for behavioral health care services for mental illness or emotional
disorders that is consented to by a minor shall be considered confidential
information between the physician, the individual licensed to provide
professional counseling, the advanced practice nurse, or the health care
facility, as appropriate, and the patient, and neither the minor nor the
minor's physician, professional counselor, nurse, or outpatient health care
facility, as appropriate, shall be required to report such treatment when it is
the result of voluntary consent.

���� The consent of no other person
or persons, including but not limited to, a spouse, parent, custodian, or
guardian, shall be necessary in order to authorize a minor to receive such
hospital services, facility, or clinical care or services, medical or surgical
care or services, or counseling services from a physician licensed to practice
medicine, an individual licensed or certified to provide treatment for an
alcohol use disorder, an advanced practice nurse, or an individual licensed to
provide professional counseling under Title 45 of the Revised Statutes, as
appropriate, except that behavioral health care services for the treatment of
mental illness or emotional disorders shall be limited to temporary outpatient
services only.

(cf: P.L.2017, c.131, s.7)

���� 5.��� Section 3 of P.L.2013,
c.71 (C.18A:40-41d) is amended to read as follows:

���� 3.��� a. The Commissioners of
Education and Health, in consultation with the New Jersey Chapter of the
American Academy of Pediatrics, the New Jersey Academy of Family Physicians,
the American Heart Association, and the New Jersey Chapter of the American
College of Cardiology, shall develop, by the 2013-2014 school year, a
Student-Athlete Cardiac Screening professional development module to increase
the assessment skills of those health care practitioners who perform
student-athlete physical examinations and screenings.� The module shall
include, but need not be limited to, the following:

���� (1)�� how to complete and
review a detailed medical history with an emphasis on cardiovascular family
history and personal reports of symptoms;

���� (2)�� identifying symptoms of
sudden cardiac arrest that may require follow up with a cardiologist;

���� (3)�� recognizing normal
structural changes of the athletic heart;

���� (4)�� recognizing prodromal
symptoms that precede sudden cardiac arrest;

���� (5)�� performing the
cardiovascular physical examination;

���� (6)�� reviewing the major
etiologies of sudden unexplained cardiac death with an emphasis on structural
abnormalities and acquired conditions; and

���� (7)�� when to refer a student
to a cardiologist for further assessment.

���� b.��� The module developed
pursuant to subsection a. of this section and the pamphlet developed pursuant
to section 1 of P.L.2007, c.125 (C.18A:40-41) shall be posted on the websites
of the Department of Education, the American Academy of Pediatrics, the New Jersey
Academy of Family Physicians, the American Heart Association, the American
College of Cardiology, the Athletic Trainers' Society of New Jersey, the State
Board of Medical Examiners, the New Jersey State Board of Nursing, and the New
Jersey State Society of Physician Assistants
, or any successor organization
thereof
.

���� c.���� A physician, advanced
practice nurse, or physician
[
assistant
]

associate

who performs a student-athlete's annual physical examination prior to the
student's participation in a school-sponsored interscholastic or intramural
athletic team or squad as required pursuant to subsection a. of section 2 of
P.L.2013, c.71 (C.18A:40-41.7) shall complete the Student-Athlete Cardiac
Screening professional development module developed pursuant to subsection a.
of this section.� Upon performing a physical examination required by subsection
a. of section 2 of P.L.2013, c.71 (C.18A:40-41.7), the physician, advanced
practice nurse, or physician
[
assistant
]

associate

shall sign the certification statement on the Preparticipation Physical
Evaluation form required pursuant to subsection a. of section 2 of P.L.2013,
c.71 (C.18A:40-41.7) attesting to the completion of the module.� The board of
education of a public school district and the governing board or chief school
administrator of a nonpublic school shall retain the original signed statement
to attest to the qualification of the health care practitioner to perform the
physical examination required by subsection a. of section 2 of P.L.2013, c.71
(C.18A:40-41.7).

(cf: P.L.2013, c.71, s.3)

���� 6.��� Section 2 of P.L.2013,
c.71 (C.18A:40-41.7) is amended to read as follows:

���� 2.��� a. The board of
education of a public school district and the governing board or chief school
administrator of a nonpublic school shall require that prior to the
participation of any student enrolled in grades six to 12 on a school-sponsored
interscholastic or intramural athletic team or squad, the student shall have a
physical examination using the "Preparticipation Physical Evaluation"
form developed jointly by the American Academy of Family Physicians, American
Academy of Pediatrics, American College of Sports Medicine, American Medical
Society for Sports Medicine, American Orthopaedic Society for Sports Medicine,
and American Osteopathic Academy of Sports Medicine.� The Preparticipation
Physical Evaluation form shall include the History and Physical Examination
components.� The Preparticipation Physical Evaluation form shall also include a
certification statement, to be signed by the licensed physician, advanced
practice nurse, or physician
[
assistant
]

associate

who performed the physical examination, attesting to the completion of the
current professional development module developed pursuant to subsection a. of
section 3 of P.L.2013, c.71 (C.18A:40-41d).

���� b.��� The physical examination
required by subsection a. of this section shall be conducted within 365 days
prior to the first day of official practice in an athletic season and shall be
conducted by a licensed physician, advanced practice nurse, or physician
[
assistant
]

associate
.�
Each student whose physical examination was completed more than 90 days prior
to the first day of official practice in an athletic season shall provide a
health history update questionnaire, completed and signed by the student's
parent or guardian.� The completed health history update questionnaire shall be
reviewed by the school nurse and, if applicable, the school athletic trainer
and shall include information as to whether, in the time period since the date
of the student's last preparticipation physical examination, the student has:

���� (1)�� been advised by a
licensed physician, advanced practice nurse, or physician
[
assistant
]

associate

not to participate in a sport;

���� (2)�� sustained a concussion,
been unconscious or lost memory from a blow to the head;

���� (3)�� broken a bone or
sprained, strained, or dislocated any muscles or joints;

���� (4)�� fainted or blacked out;

���� (5)�� experienced chest pains,
shortness of breath, or heart racing;

���� (6)�� had a recent history of
fatigue and unusual tiredness;

���� (7)�� been hospitalized,
visited an emergency room, or had a significant medical illness;

���� (8)�� started or stopped
taking any over the counter or prescribed medications; or

���� (9)�� had a sudden death in
the family, or whether any member of the student's family under the age of 50
has had a heart attack or heart trouble.

���� c.���� A board of education of
a public school district and the governing board or chief school administrator
of a nonpublic school shall not permit a student enrolled in grades six to 12
to participate on a school-sponsored interscholastic or intramural athletic
team or squad unless the student has completed a Preparticipation Physical
Evaluation form and, if applicable, a completed health history update
questionnaire as required by subsections a. and b. of this section.

(cf: P.L.2013, c.71, s.2)

���� 7.��� Section 3 of P.L.2013,
c.211 (C.18A:61D-13) is amended to read as follows:

���� 3.��� As used in
[
this act
]

P.L.2013,
c.211 (C.18A:61D-11 et seq.)
:

���� "Institution of higher
education" means a public or independent institution of higher education.

���� "Licensed campus medical
professional" means a physician, physician
[
assistant
]

associate
,
advanced practice nurse, or registered nurse who is appropriately licensed by
the State of New Jersey and is designated by an institution of higher education
to oversee the institution's epinephrine administration and training program.

���� "Member of the campus
community" means an individual who is a student, faculty, or staff member
of an institution of higher education.

���� "Secretary" means
the Secretary of Higher Education.

���� "Trained designee"
means a member of the campus community trained by a licensed campus medical
professional in the emergency administration of epinephrine via a pre-filled
auto-injector mechanism.

(cf: P.L.2013, c.211, s.3)

���� 8.��� Section 4 of P.L.2013,
c.211 (C.18A:61D-14) is amended to read as follows:

���� 4.��� a. An institution of
higher education may develop a policy, in accordance with the guidelines
established by the secretary pursuant to section 6 of P.L.2013, c.211
(C.18A:61D-16), for the emergency administration of epinephrine via a
pre-filled auto-injector mechanism to a member of the campus community for
anaphylaxis when a medical professional is not available.� The policy shall:

���� (1)�� permit a trained
designee, under the guidance of a licensed campus medical professional, to
administer epinephrine via a pre-filled auto-injector mechanism to a member of
the campus community for whom the designee is responsible, when the designee in
good faith believes that the member of the campus community is having an
anaphylactic reaction;

���� (2)�� permit a trained
designee, when responsible for the safety of one or more members of the campus
community, to carry in a secure but easily accessible location a supply of
pre-filled epinephrine auto-injectors that is prescribed under a standing
protocol from a licensed physician; and

���� (3)�� provide that the
licensed campus medical professional shall have responsibility for:� training
designees on how to identify an anaphylactic reaction, how to identify the
indications for when to use epinephrine, and how to administer epinephrine via
a pre-filled auto-injector mechanism; and distributing prescribed pre-filled
epinephrine auto-injectors to trained designees.

���� b.��� Each institution of
higher education that develops a policy pursuant to subsection a. of this
section shall designate a physician, physician
[
assistant
]

associate
,
advanced practice nurse, or registered nurse who is appropriately licensed by
the State of New Jersey to serve as the licensed campus medical professional.

���� c.���� A licensed campus
medical professional is authorized to:

���� (1)�� establish and administer
a standardized training protocol for the emergency administration of
epinephrine by trained designees;

���� (2)�� ensure that trained
designees have satisfactorily completed the training protocol;

���� (3)�� obtain a supply of
pre-filled epinephrine auto-injectors under a standing protocol from a licensed
physician; and

���� (4)�� control distribution to
trained designees of pre-filled epinephrine auto-injectors.

(cf: P.L.2013, c.211, s.4)

���� 9.��� N.J.S.18A:71C-32 is
amended to read as follows:

���� 18A:71C-32.� "Approved
site" means a site located within a State designated underserved area or a
health professional shortage area, or a clinic which is part of the extramural
network of dental clinics established by the New Jersey Dental School of
Rutgers, The State University, or a site that has been determined by the Higher
Education Student Assistance Authority, in consultation with the Department of
Health and Senior Services, to serve medically underserved populations
according to criteria determined by the authority, including, but not limited
to, the percentage of medically underserved patients served.

���� "Authority" means
the Higher Education Student Assistance Authority.

���� "Eligible qualifying loan
expenses" means the cumulative outstanding balance of student loans
covering the cost of attendance at an undergraduate institution of medical,
dental, or other primary care professional education at the time an applicant
is selected for the program.� Interest paid or due on qualifying loans that an
applicant has taken out for use in paying the costs of undergraduate medical,
dental, or other primary care professional education shall be considered
eligible for reimbursement under the program.� The authority may establish a
limit on the total amount of qualifying loans which may be redeemed for
participants under the program, provided that the total redemption of
qualifying loans does not exceed $120,000, or the maximum amount authorized by
the federal government, whichever is greater, either in State funds or the sum
of federal, State, and other non-federal matching funds, pursuant to section
338I of the Public Health Service Act (42 U.S.C.s.254q-1), whichever is
applicable.

���� "Executive director"
means the executive director of the Higher Education Student Assistance
Authority.

���� "Health professional
shortage area" (HPSA) means an urban or rural area, a population group or
a public or non-profit private medical or dental facility or other public
facility which the Secretary of Health and Human Services determines has a health
professional shortage pursuant to section 332 of the Public Health Service Act
(42 U.S.C. s.254e).

���� "Primary care" means
the practice of family medicine, general internal medicine, general pediatrics,
general obstetrics, gynecology, pediatric dentistry, general dentistry, public
health dentistry, and any other areas of medicine or dentistry which the
Commissioner of Health and Senior Services may define as primary care.� Primary
care also includes the practice of a nurse-practitioner, certified
nurse-midwife, and physician
[
assistant
]

associate
.

���� "Primary care
practitioner" means a State-licensed or certified health care professional
who has obtained a degree in allopathic or osteopathic medicine, dentistry, or
another primary care profession at an undergraduate institution of medical, dental,
or other primary care professional education, as applicable.

���� "Program" means the
Primary Care Practitioner Loan Redemption Program established pursuant to
N.J.S.18A:71C-33.

���� "Program
participant" means a primary care practitioner who contracts with the
authority to engage in the clinical practice of primary care at an approved
site in exchange for the redemption of eligible qualifying loan expenses
provided under the program.

���� "Qualifying loan"
means a government or commercial loan for the actual costs paid for tuition and
reasonable education and living expenses relating to the obtaining of a degree
in allopathic or osteopathic medicine, dentistry, or another primary care
profession.

���� "State designated
underserved area" means a geographic area in this State which has been
ranked by the Commissioner of Health and Senior Services on the basis of health
status and economic indicators as reflecting a medical or dental health professional
shortage.

���� "Total and permanent
disability" means a physical or mental disability that is expected to
continue indefinitely or result in death and renders a participant in the
program unable to perform that person's service obligation, as determined by the
executive director or his designee.

���� "Undergraduate medical,
dental, or other primary care professional education" means the period of
time between entry into medical school, dental school, or other primary care
professional training program and the award of a degree in allopathic or
osteopathic medicine, dentistry, or another primary care profession,
respectively.

(cf: P.L.2012, c.45, s.99)

���� 10.� Section 3 of P.L.2009,
c.307 (C.24:6I-3) is amended to read as follows:

���� 3.��� As used in P.L.2009,
c.307 (C.24:6I-1 et al.) and P.L.2015, c.158 (C.18A:40-12.22 et al.):

���� "Academic medical
center" means (1) an entity located in New Jersey that, on the effective
date of P.L.2019, c.153 (C.24:6I-5.1 et al.), has an addiction medicine faculty
practice or is in the same health care system as another facility located in
New Jersey that offers outpatient medical detoxification services or inpatient
treatment services for substance use disorder; has a pain management faculty
practice or a facility-based pain management service located in New Jersey; has
graduate medical training programs accredited, or pending accreditation, by the
Accreditation Council for Graduate Medical Education or the American
Osteopathic Association in primary care and medical specialties; is the
principal teaching affiliate of a medical school based in the State; and has
the ability to conduct research related to medical cannabis.� If the entity is
part of a system of health care facilities, the entity shall not qualify as an
academic medical center unless the health care system is principally located within
the State; or

���� (2)�� an accredited school of
osteopathic medicine that:� is located in a state that shares a common border
with this State; has an articulation agreement or similar memorandum of
understanding, plus an agreement to establish and maintain an apprenticeship
program in this State to train workers in the cannabis industry, which training
would earn college credit, with any State college or university located in a
county of the first class with a college of nursing or nursing degree program
accredited by the Commission on Collegiate Nursing Education on the effective
date of P.L.2021, c.16 (C.24:6I-31 et al.); and has an institutional review
board that has, on the effective date of P.L.2021, c.16 (C.24:6I-31 et al.),
previously approved a clinical research study in this State involving medical
cannabis; and has the ability and will conduct all research and development in
the county in which the partner State college or university is located.

���� "Adverse employment
action" means refusing to hire or employ an individual, barring or
discharging an individual from employment, requiring an individual to retire
from employment, or discriminating against an individual in compensation or in
any terms, conditions, or privileges of employment.

���� "Cannabis" has the
meaning given to "marihuana" in section 2 of the "New Jersey
Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-2).

���� "Clinical
registrant" means an entity that has a written contractual relationship
with an academic medical center in the region in which it has its principal
place of business, which includes provisions whereby the parties will engage in
clinical research related to the use of medical cannabis and the academic
medical center or its affiliate will provide advice to the entity regarding
patient health and safety, medical applications, and dispensing and managing
controlled dangerous substances, among other areas.

���� "Commission" means
the Cannabis Regulatory Commission established pursuant to section 31 of
P.L.2019, c.153 (C.24:6I-24).

���� "Commissioner" means
the Commissioner of Health.

���� "Common ownership or
control" means:

���� (1)�� between two for-profit
entities, the same individuals or entities own and control more than 50 percent
of both entities;

���� (2)�� between a nonprofit
entity and a for-profit entity, a majority of the directors, trustees, or
members of the governing body of the nonprofit entity directly or indirectly
own and control more than 50 percent of the for-profit entity; and

���� (3)�� between two nonprofit
entities, the same directors, trustees, or governing body members comprise a
majority of the voting directors, trustees, or governing body members of both
nonprofits.

���� "Department" means
the Department of Health.

���� "Designated
caregiver" means a resident of the State who:

���� (1)�� is at least 18 years
old;

���� (2)�� has agreed to assist
with a registered qualifying patient's medical use of cannabis, is not
currently serving as a designated caregiver for more than one other qualifying
patient, and is not the qualifying patient's health care practitioner;

���� (3)�� subject to the
provisions of paragraph (2) of subsection c. of section 4 of P.L.2009, c.307
(C.24:6I-4), has never been convicted of possession or sale of a controlled
dangerous substance, unless such conviction occurred after the effective date
of P.L.2009, c.307 (C.24:6I-1 et al.) and was for a violation of federal law
related to possession or sale of cannabis that is authorized under P.L.2009,
c.307 (C.24:6I-1 et al.) or P.L.2015, c.158 (C.18A:40-12.22 et al.);

���� (4)�� has registered with the
commission pursuant to section 4 of P.L.2009, c.307 (C.24:6I-4), and, except in
the case of a designated caregiver who is an immediate family member of the
patient, has satisfied the criminal history record background check requirement
of section 4 of P.L.2009, c.307 (C.24:6I-4); and

���� (5)�� has been designated as a
designated caregiver by the patient when registering or renewing a registration
with the commission or in other written notification to the commission.

���� "Dispense" means the
furnishing of medical cannabis to a registered qualifying patient, designated
caregiver, or institutional caregiver by a medical cannabis dispensary or
clinical registrant pursuant to written instructions issued by a health care
practitioner pursuant to the requirements of P.L.2009, c.307 (C.24:6I-1 et
al.).� The term shall include the act of furnishing medical cannabis to a
medical cannabis handler for delivery to a registered qualifying patient,
designated caregiver, or institutional caregiver, consistent with the
requirements of subsection i. of section 27 of P.L.2019, c.153 (C.24:6I-20).

���� "Health care
facility" means a general acute care hospital, nursing home, long term
care facility, hospice care facility, group home, facility that provides
services to persons with developmental disabilities, behavioral health care
facility, or rehabilitation center.

���� "Health care
practitioner" means a physician, advanced practice nurse, or physician
[
assistant
]

associate

licensed or certified pursuant to Title 45 of the Revised Statutes who:

���� (1)�� possesses active
registrations to prescribe controlled dangerous substances issued by the United
States Drug Enforcement Administration and the Division of Consumer Affairs in
the Department of Law and Public Safety;

���� (2)�� is the health care
practitioner responsible for the ongoing treatment of a patient's qualifying
medical condition, the symptoms of that condition, or the symptoms associated
with the treatment of that condition, provided, however, that the ongoing
treatment shall not be limited to the provision of authorization for a patient
to use medical cannabis or consultation solely for that purpose; and

���� (3)�� if the patient is a
minor, is a pediatric specialist.

���� "Immediate family"
means the spouse, domestic partner, civil union partner, child, sibling, or
parent of an individual, and shall include the siblings, parents, and children
of the individual's spouse, domestic partner, or civil union partner, and the
parents, spouses, domestic partners, or civil union partners of the
individual's parents, siblings, and children.

���� "Institutional
caregiver" means a resident of the State who:

���� (1)�� is at least 18 years
old;

���� (2)�� is an employee of a
health care facility;

���� (3)�� is authorized, within
the scope of the individual's professional duties, to possess and administer
controlled dangerous substances in connection with the care and treatment of
patients and residents pursuant to applicable State and federal laws;

���� (4)�� is authorized by the
health care facility employing the person to assist registered qualifying
patients who are patients or residents of the facility with the medical use of
cannabis, including, but not limited to, obtaining medical cannabis for
registered qualifying patients and assisting registered qualifying patients
with the administration of medical cannabis;

���� (5)�� subject to the
provisions of paragraph (2) of subsection c. of section 4 of P.L.2009, c.307
(C.24:6I-4), has never been convicted of possession or sale of a controlled
dangerous substance, unless such conviction occurred after the effective date
of P.L.2009, c.307 (C.24:6I-1 et al.) and was for a violation of federal law
related to possession or sale of cannabis that is authorized under P.L.2009,
c.307 (C.24:6I-1 et al.) or P.L.2015, c.158 (C.18A:40-12.22 et al.); and

���� (6)�� has registered with the
commission pursuant to section 4 of P.L.2009, c.307 (C.24:6I-4).

���� "Integrated
curriculum" means an academic, clinical, or research program at an
institution of higher education that is coordinated with a medical cannabis
cultivator, medical cannabis manufacturer, or medical cannabis dispensary to
apply theoretical principles, practical experience, or both involving the
cultivation, manufacturing, dispensing, delivery, or medical use of cannabis to
a specific area of study, including, but not limited to, agriculture, biology,
business, chemistry, culinary studies, ecology, environmental studies, health
care, horticulture, technology, or any other appropriate area of study or
combined areas of study.� Integrated curricula shall be subject to approval by
the commission and the Office of the Secretary of Higher Education.

���� "Integrated curriculum
permit" or "IC permit" means a permit issued to a medical
cannabis cultivator, medical cannabis manufacturer, or medical cannabis
dispensary that includes an integrated curriculum approved by the commission
and the Office of the Secretary of Higher Education.

���� "Medical cannabis
alternative treatment center" or "alternative treatment center"
means an organization issued a permit, including a conditional permit, by the
commission to operate as a medical cannabis cultivator, medical cannabis manufacturer,
medical cannabis dispensary, or clinical registrant.� This term shall include
the organization's officers, directors, board members, and employees.

���� "Medical cannabis
cultivator" means an organization holding a permit issued by the
commission that authorizes the organization to: possess and cultivate cannabis
and deliver, transfer, transport, distribute, supply, and sell medical cannabis
and related supplies to other medical cannabis cultivators and to medical
cannabis manufacturers, clinical registrants, and medical cannabis
dispensaries, as well as to plant, cultivate, grow, and harvest medical
cannabis for research purposes.� A medical cannabis cultivator permit shall not
authorize the permit holder to manufacture, produce, or otherwise create
medical cannabis products, or to deliver, transfer, transport, distribute,
supply, sell, or dispense medical cannabis, medical cannabis products,
paraphernalia, or related supplies to qualifying patients, designated
caregivers, or institutional caregivers.

���� "Medical cannabis
dispensary" means an organization issued a permit by the commission that
authorizes the organization to:� purchase or obtain medical cannabis and
related supplies from medical cannabis cultivators; purchase or obtain medical
cannabis products and related supplies from medical cannabis manufacturers;
purchase or obtain medical cannabis, medical cannabis products, and related
supplies and paraphernalia from other medical cannabis dispensaries and from
clinical registrants; deliver, transfer, transport, distribute, supply, and
sell medical cannabis and medical cannabis products to other medical cannabis
dispensaries; furnish medical cannabis, including medical cannabis products, to
a medical cannabis handler for delivery to a registered qualifying patient,
designated caregiver, or institutional caregiver consistent with the
requirements of subsection i. of section 27 of P.L.2019, c.153 (C.24:6I-20);
and possess, display, deliver, transfer, transport, distribute, supply, sell,
and dispense medical cannabis, medical cannabis products, paraphernalia, and
related supplies to qualifying patients, designated caregivers, and
institutional caregivers.� A medical cannabis dispensary permit shall not
authorize the permit holder to cultivate medical cannabis, to produce,
manufacture, or otherwise create medical cannabis products.

���� "Medical cannabis
manufacturer" means an organization issued a permit by the commission that
authorizes the organization to:� purchase or obtain medical cannabis and
related supplies from a medical cannabis cultivator or a clinical registrant; purchase
or obtain medical cannabis products from another medical cannabis manufacturer
or a clinical registrant; produce, manufacture, or otherwise create medical
cannabis products; and possess, deliver, transfer, transport, distribute,
supply, and sell medical cannabis products and related supplies to other
medical cannabis manufacturers and to medical cannabis dispensaries and
clinical registrants.� A medical cannabis manufacturer permit shall not
authorize the permit holder to cultivate medical cannabis or to deliver,
transfer, transport, distribute, supply, sell, or dispense medical cannabis,
medical cannabis products, paraphernalia, or related supplies to registered
qualifying patients, designated caregivers, or institutional caregivers.

���� "Medical use of
cannabis" means the acquisition, possession, transport, or use of cannabis
or paraphernalia by a registered qualifying patient as authorized by P.L.2009,
c.307 (C.24:6I-1 et al.) and P.L.2015, c.158 (C.18A:40-12.22 et al.).

���� "Minor" means a
person who is under 18 years of age and who has not been married or previously
declared by a court or an administrative agency to be emancipated.

���� "Paraphernalia" has
the meaning given in N.J.S.2C:36-1.

���� "Pediatric
specialist" means a physician who is a board-certified pediatrician or
pediatric specialist, or an advanced practice nurse or physician
[
assistant
]

associate

who is certified as a pediatric specialist by an appropriate professional
certification or licensing entity.

���� "Primary care" means
the practice of family medicine, general internal medicine, general pediatrics,
general obstetrics, or gynecology.

���� "Qualifying medical
condition" means seizure disorder, including epilepsy; intractable
skeletal muscular spasticity; post-traumatic stress disorder; glaucoma;
positive status for human immunodeficiency virus; acquired immune deficiency
syndrome; cancer; amyotrophic lateral sclerosis; multiple sclerosis; muscular
dystrophy; inflammatory bowel disease, including Crohn's disease; terminal
illness, if the patient has a prognosis of less than 12 months of life;
anxiety; migraine; Tourette's syndrome; dysmenorrhea; chronic pain; opioid use
disorder; or any other medical condition or its treatment that is approved by
the commission.

���� "Qualifying patient"
or "patient" means a resident of the State who has been authorized
for the medical use of cannabis by a health care practitioner.

���� "Registration with the
commission" means a person has met the qualification requirements for, and
has been registered by the commission as, a registered qualifying patient,
designated caregiver, or institutional caregiver.� The commission shall
establish appropriate means for health care practitioners, health care
facilities, medical cannabis dispensaries, law enforcement, schools, facilities
providing behavioral health services or services for persons with developmental
disabilities, and other appropriate entities to verify an individual's status
as a registrant with the commission.

���� "Significantly involved
person" means a person or entity who holds at least a five percent
investment interest in an entity issued, or applying for a permit to operate
as, a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis
dispensary, or clinical registrant, or who is a decision making member of a
group that holds at least a 20 percent investment interest in an entity issued,
or applying for a permit to operate as, a medical cannabis cultivator, medical
cannabis manufacturer, medical cannabis dispensary, or clinical registrant, in
which no member of that group holds more than a five percent interest in the
total group investment interest, and the person or entity makes controlling
decisions regarding the operations of the entity issued, or applying for a
permit to operate as, a medical cannabis cultivator, medical cannabis
manufacturer, medical cannabis dispensary, or clinical registrant.

���� "Terminally ill"
means having an illness or condition with a prognosis of less than 12 months of
life.

���� "Usable cannabis"
means the dried leaves and flowers of cannabis, and any mixture or preparation
thereof, and does not include the seeds, stems, stalks, or roots of the plant.

(cf: P.L.2021, c.16, s.4)

���� 11.� Section 3 of P.L.2013,
c.46 (C.24:6J-3) is amended as follows:

���� 3.��� As used in
[
this act
]

P.L.2013,
c.46 (C.24:6J-1 et al.)
:

���� "Commissioner" means
the Commissioner of Human Services.

���� "Drug overdose"
means an acute condition including, but not limited to, physical illness, coma,
mania, hysteria, diminished consciousness, respiratory depression, or death
resulting from the consumption or use of a controlled dangerous substance or
another substance with which a controlled dangerous substance was combined and
that a layperson would reasonably believe to require medical assistance.

���� "Emergency medical
response entity" means an organization, company, governmental entity,
community-based program, or healthcare system that provides pre-hospital
emergency medical services and assistance.� "Emergency medical response
entity" includes, but is not limited to, a first aid, rescue and ambulance
squad or other basic life support (BLS) ambulance provider; a mobile intensive
care provider or other advanced life support (ALS) ambulance provider; an air
medical service provider; or a fire-fighting company or organization, which
squad, provider, company, or organization is qualified to send paid or
volunteer emergency medical responders to the scene of an emergency.

���� "Emergency medical
responder" means a person, other than a health care practitioner, who is
employed on a paid or volunteer basis in the area of emergency response,
including, but not limited to, an emergency medical technician, a mobile intensive
care paramedic, or a fire fighter, acting in that person's professional
capacity.

���� "Health care
practitioner" means any individual who is licensed or certified to provide
health care services pursuant to Title 45 of the Revised Statutes.

���� "Institution of higher
education" means any public or private university, college, technical
college or community college located in New Jersey.

���� "Law enforcement
agency" means a department, division, bureau, commission, board or other
authority of the State or of any political subdivision thereof which employs
law enforcement officers.

���� "Law enforcement
officer" means a person whose public duties include the power to act as an
officer for the detection, apprehension, arrest and conviction of offenders
against the laws of this State.

���� "Medical assistance"
means professional medical services that are provided to a person experiencing
a drug overdose by a health care practitioner, acting within the practitioner's
scope of professional practice, including professional medical services that
are mobilized through telephone contact with the 911 telephone emergency
service.

���� "Occupational
school" means a business, trade, technical, or other school approved by a
nationally-recognized accrediting agency.

���� "Opioid antidote"
means any drug, regardless of dosage amount or method of administration, which
has been approved by the United States Food and Drug Administration (FDA) for
the treatment of an opioid overdose.� "Opioid antidote" includes, but
is not limited to, naloxone hydrochloride, in any dosage amount, which is
administered through nasal spray or any other FDA-approved means or methods.

���� "Prescriber" means a
health care practitioner authorized by law to prescribe medications.�
"Prescriber" includes, but shall not be limited to, physicians,
physician
[
assistants
]

associates
,
and advanced practice nurses.

���� "Public library"
means a library that serves, free of charge, all residents of an area without
discrimination and that receives its financial support, in whole or in part,
from public funds.

���� "Public transportation
hub" means a passenger station, terminal, or other facility, as designated
by the Commissioner of Transportation, where public transportation services are
made available.

���� "Recipient" means
any individual who or entity that is prescribed or dispensed an opioid antidote
in accordance with section 4 of P.L.2013, c.46 (C.24:6J-4) or section 1 of
P.L.2017, c.88 (C.45:14-67.2).� The term "recipient" shall include,
but shall not be limited to, private citizens, emergency medical responders,
emergency medical response entities, law enforcement officers, law enforcement
agencies, recognized places of public access, employees and volunteers
providing services at, through, or on behalf of a recognized place of public
access, public and nonpublic schools, school nurses and other staff at a public
or nonpublic school, sterile syringe access programs, and staff and employees
of a sterile syringe access program.� The term "recipient" shall not
include a prescriber or a licensed pharmacist acting within a professional
capacity.

���� "Recognized place of
public access" means a public library, institution of higher education,
occupational school, or public transportation hub.

���� "Sterile syringe access
program" means a program established pursuant to the provisions of
P.L.2006, c.99 (C.26:5C-25 et al.).

(cf: P.L.2021, c.152, s.2)

���� 12.� Section 5 of P.L.2013,
c.46 (C.24:6J-5) is amended to read as follows:

���� 5.��� a. (1) A prescriber or
other health care practitioner who prescribes or dispenses an opioid antidote
in accordance with subsection a. of section 4 of P.L.2013, c.46 (C.24:6J-4),
and a pharmacist who dispenses an opioid antidote pursuant to subsection a. of
section 4 of P.L.2013, c.46 (C.24:6J-4) or section 1 of P.L.2017, c.88
(C.45:14-67.2), shall ensure that overdose prevention information is provided
to the recipient.� The overdose prevention information shall include, but need
not be limited to:� information on opioid overdose prevention and recognition;
instructions on how to perform rescue breathing and resuscitation; information
on opioid antidote dosage and instructions on opioid antidote administration;
information describing the importance of calling the 911 emergency telephone
service for assistance with an opioid overdose; and instructions for
appropriate care of a person believed to be experiencing an opioid overdose
after administration of the opioid antidote.

���� (2)�� (Deleted by amendment,
P.L.2021, c.152).

���� b.��� (1) (Deleted by
amendment, P.L.2021, c.152).

���� (2)�� The dissemination of
overdose prevention information shall be documented by the prescribing or
dispensing health care practitioner or dispensing pharmacist in the patient's
medical record or another appropriate record, log or other similar
recordkeeping location.

���� c.���� In order to facilitate
the dissemination of overdose prevention information in accordance with this
section, the Commissioner of Human Services, in consultation with the
Department of Health and Statewide organizations representing physicians,
advanced practice nurses, or physician
[
assistants
]

associates
,
and organizations operating community-based programs, sterile syringe access
programs, or other programs which address medical or social issues related to
substance use disorders, may develop training materials in video, electronic,
or other appropriate formats, and disseminate these materials to health care
practitioners.� The Commissioner of Human Services may make the materials
available to the general public through the Internet website of the Department
of Human Services, with such modifications as may be appropriate to adapt the
materials for use by persons who are not health care practitioners.� The
commissioner shall ensure the materials are available in English, Spanish, and
any other language that the commissioner determines is the first language of a
significant number of people who are likely to be prescribed or dispensed an
opioid antidote in accordance with subsection a. of section 4 of P.L.2013, c.46
(C.24:6J-4) or dispensed an opioid antidote pursuant to section 1 of P.L.2017,
c.88 (C.45:14-67.2).

(cf: P.L.2021, c.152, s.4)

���� 13.� Section 3 of P.L.2015,
c.215 (C.24:6L-3) is amended to read as follows:

���� 3.��� As used in
[
this act
]

P.L.2015,
c.215 (C.24:6L-1 et seq.)
:

���� "Commissioner" means
the Commissioner of Health.

���� "Health care
professional" means a licensed physician, physician
[
assistant
]

associate
,
advanced practice nurse, pharmacist, or other health care professional whose
professional practice is regulated pursuant to Title 45 of the Revised Statutes
and whose authorized scope of practice includes prescribing, dispensing, or
administering medication, whether independently or through a joint protocol or
standing order from a physician.

(cf: P.L.2015, c.215, s.3)

���� 14.� Section 2 of P.L.2017,
c.254 (C.24:6M-2) is amended to read as follows:

���� 2.��� As used in sections 1
through 7 of
[
this
act
]

P.L.2017,
c.254 (C.24:6M-1 et seq.)
:

���� "Administration
supplies" means any supply associated with the administration of
prescription drugs, including, but not limited to, diabetes test strips,
nebulizers, syringes, and needles.

���� "Anti-rejection
drug" means an over-the-counter drug or prescription drug that suppresses
the immune system to prevent or reverse the rejection of a transplanted organ.

���� "Board" means the
State Board of Pharmacy.

���� "Cancer drug" means
a prescription drug that is used to treat cancer or the side effects of cancer,
or that is used to treat the side effects of any other prescription drug that
is used to treat cancer or the side effects of cancer.

���� "Commissioner" means
the Commissioner of Health.

���� "Compounded drug"
means a sterile or nonsterile compounded formulation for dispensing or
administration pursuant to a prescription, that is prepared for a patient with
needs that cannot be met by a commercially available prescription drug.

���� "Controlled dangerous
substance" means the same as that term is defined by N.J.S.2C:35-2.

���� "Correctional
facility" means a county or state correctional facility, county juvenile
detention facility, secure juvenile facility, federal prison, or other
comparable facility.

���� "Donated drug" means
an over-the-counter drug or prescription drug that has been donated to a
redistributor in accordance with the provisions of
[
this act
]

P.L.2017,
c.254 (C.24:6M-1 et seq.)
.

���� "Donor" means a drug
manufacturer, wholesaler, repackager, returns processor, third-party logistics
provider, health care facility, correctional facility, pharmacy, or any other
person or entity that is properly licensed and authorized to possess
prescription drugs, and which elects to donate over-the-counter drugs,
prescription drugs, or administration supplies pursuant to
[
this act
]

P.L.2017,
c.254 (C.24:6M-1 et seq.)
.

���� "Drug donation
program" means a program, established pursuant to the provisions of
[
this act
]

P.L.2017,
c.254 (C.24:6M-1 et seq.)
, which accepts the donation of unused
over-the-counter drugs, prescription drugs, and administration supplies that
would otherwise be destroyed, and which provides for the redistribution of
those unused drugs and administration supplies to persons who are most in need.

���� "Grooming and hygiene
product" is soap or cleaning solution, shampoo, toothpaste, mouthwash,
anti-perspirant, or sun tan lotion or screen, regardless of whether the item
meets the definition of "over-the-counter drug."

���� "Health care
facility" means a physician's office; a hospital; an outpatient clinic; a
federally qualified health center; a federally qualified health center
look-alike; a rural health clinic; a clinic that provides services under the
federal Ryan White HIV/AIDS Program; a mental health center or clinic; a
Veterans Affairs hospital; and any other health care facility licensed pursuant
to P.L.1971, c.136 (C.26:2H-1 et seq.), or a comparable facility licensed to
operate within another state.

���� "Indigent" means a
person who has an income that is below 250 percent of the federal poverty
level.

���� "Out-of-State
redistributor" means a health care facility, pharmacy, wholesaler, returns
processor, or other person or entity that is properly licensed to operate in a
state other than New Jersey, and is authorized to dispense over-the-counter drugs
and prescription drugs, and which agrees to accept, repackage, transfer to
other redistributors, and, if otherwise authorized by law, dispense donated
drugs and administration supplies to eligible individuals pursuant to a
prescription drug donation program established under the laws of the state in
which the person or entity is located.

���� "Over-the-counter-drug"
means a drug that contains a label that meets the requirements of 21 CFR
201.66, including (1) a "Drug Facts" panel; or (2) a statement of the
"active ingredient" or "active ingredients" with a list of
those ingredients contained in the compound, substance, or preparation.
"Over-the-counter drug" does not include a grooming and hygiene
product.

���� "Prescriber" means a
licensed physician, physician
[
assistant
]

associate
,
or advanced practice nurse, or any other person who is authorized by the
appropriate State professional and occupational licensing board to prescribe
drugs and devices as provided by law.

���� "Prescription drug"
means any drug, intended for use in humans, which is required by federal or
State law or regulation to be dispensed only pursuant to a prescription.�
"Prescription drug" includes cancer drugs and anti-rejection drugs,
but does not include any controlled dangerous substance or compounded drug.�

���� "Redistributor"
means a health care facility, pharmacy, wholesaler, returns processor, or any
other person or entity that is properly licensed and authorized to dispense
over-the-counter drugs and prescription drugs, and which agrees to accept,
repackage, transfer to other redistributors, and, if otherwise authorized by
law, dispense donated drugs and administration supplies to eligible individuals
pursuant to
[
this
act
]

P.L.2017,
c.254 (C.24:6M-1 et seq.)
.� "Redistributor" includes an
out-of-State redistributor.

���� "Returns processor"
shall mean the same as that term is defined by 21 U.S.C. s.360eee (18).
"Returns processor" includes a reverse distributor.

���� "Tamper-evident
packaging" means a package or container that has an immediate, outer, or
secondary seal that must be broken in order to gain access to the container's
contents.� "Tamper-evident packaging" includes partially used single-unit
dose or blister pack and bottles or vials sealed in pouches or with
tamper-evident tape.

���� "Third-party
intermediary" means an organization that is not a wholesaler or
third-party logistics provider, and that facilitates the donation or transfer
of over-the-counter drugs, prescription drugs, and administration supplies for
a drug donation program established pursuant to
[
this act
]

P.L.2017,
c.254 (C.24:6M-1 et seq.)
, but which does not take possession or ownership
of the drugs.

���� "Transaction date"
means the date at which ownership of the drug was donated or transferred
between two participants of the program as established by contract or other
arrangement. �If no such contract or arrangement exists, the transaction date
shall be the date the drug was accepted into inventory by the redistributor.

(cf: P.L.2017, c.254, s.2)

���� 15.� Section 11 of P.L.2017,
c.28 (C.24:21-15.2) is amended to read as follows:

���� 11.� a. A practitioner shall
not issue an initial prescription for an opioid drug which is a prescription
drug as defined in section 2 of P.L.2003, c.280 (C.45:14-41) in a quantity
exceeding a five-day supply for treatment of acute pain.� Any prescription for
acute pain pursuant to this subsection shall be for the lowest effective dose
of immediate-release opioid drug.�

���� b.��� Prior to issuing an
initial prescription of a Schedule II controlled dangerous substance or any
opioid drug which is a prescription drug as defined in section 2 of P.L.2003,
c.280 (C.45:14-41) in a course of treatment for acute or chronic pain, a
practitioner shall:

���� (1)�� take and document the
results of a thorough medical history, including the patient's experience with
non-opioid medication and non-pharmacological pain management approaches and
substance use disorder history;

���� (2)�� conduct, as appropriate,
and document the results of a physical examination;

���� (3)�� develop a treatment
plan, with particular attention focused on determining the cause of the
patient's pain;

���� (4)�� access relevant
prescription monitoring information under the Prescription Monitoring Program
pursuant to section 8 of P.L.2015, c.74 (C. 45:1-46.1); and

���� (5)�� limit the supply of any
opioid drug prescribed for acute pain to a duration of no more than five days
as determined by the directed dosage and frequency of dosage.

���� c.���� No less than four days
after issuing the initial prescription pursuant to subsection a. of this
subsection, the practitioner, after consultation with the patient, may issue a
subsequent prescription for the drug to the patient in any quantity that complies
with applicable State and federal laws, provided that:

���� (1)�� the subsequent
prescription would not be deemed an initial prescription under this section;

���� (2)�� the practitioner
determines the prescription is necessary and appropriate to the patient's
treatment needs and documents the rationale for the issuance of the subsequent
prescription; and

���� (3)�� the practitioner
determines that issuance of the subsequent prescription does not present an
undue risk of abuse, addiction, or diversion and documents that determination.

���� d.��� Prior to issuing the
initial prescription of a Schedule II controlled dangerous substance or any
opioid drug which is a prescription drug as defined in section 2 of P.L.2003,
c.280 (C.45:14-41) in a course of treatment for acute pain and prior to issuing
a prescription at the outset of a course of treatment for chronic pain, a
practitioner shall discuss with the patient, or the patient's parent or
guardian if the patient is under 18 years of age and is not an emancipated
minor, the risks associated with the drugs being prescribed, including but not
limited to:

���� (1)�� the risks of addiction
and overdose associated with opioid drugs and the dangers of taking opioid
drugs with alcohol, benzodiazepines and other central nervous system
depressants;

���� (2)�� the reasons why the
prescription is necessary;

���� (3)�� alternative treatments
that may be available; and

���� (4)�� risks associated with
the use of the drugs being prescribed, specifically that opioids are highly
addictive, even when taken as prescribed, that there is a risk of developing a
physical or psychological dependence on the controlled dangerous substance, and
that the risks of taking more opioids than prescribed, or mixing sedatives,
benzodiazepines or alcohol with opioids, can result in fatal respiratory
depression.

���� The practitioner shall include
a note in the patient's medical record that the patient or the patient's parent
or guardian, as applicable, has discussed with the practitioner the risks of
developing a physical or psychological dependence on the controlled dangerous
substance and alternative treatments that may be available.� The Division of
Consumer Affairs shall develop and make available to practitioners guidelines
for the discussion required pursuant to this subsection.

���� e.���� Prior to the
commencement of an ongoing course of treatment for chronic pain with a Schedule
II controlled dangerous substance or any opioid, the practitioner shall enter
into a pain management agreement with the patient.

���� f.���� When a Schedule II
controlled dangerous substance or any prescription opioid drug is continuously
prescribed for three months or more for chronic pain, the practitioner shall:

���� (1)�� review, at a minimum of
every three months, the course of treatment, any new information about the
etiology of the pain, and the patient's progress toward treatment objectives
and document the results of that review;

���� (2)�� assess the patient prior
to every renewal to determine whether the patient is experiencing problems
associated with physical and psychological dependence and document the results
of that assessment;

���� (3)�� periodically make
reasonable efforts, unless clinically contraindicated, to either stop the use
of the controlled substance, decrease the dosage, try other drugs or treatment
modalities in an effort to reduce the potential for abuse or the development of
physical or psychological dependence and document with specificity the efforts
undertaken;

���� (4)�� review the Prescription
Drug Monitoring information in accordance with section 8 of P.L.2015, c.74
(C.45:1-46.1); and

���� (5)�� monitor compliance with
the pain management agreement and any recommendations that the patient seek a
referral.

���� g.��� As used in this section:

���� "Acute pain" means
pain, whether resulting from disease, accidental or intentional trauma, or
other cause, that the practitioner reasonably expects to last only a short
period of time.� "Acute pain" does not include chronic pain, pain
being treated as part of cancer care, hospice or other end of life care, or
pain being treated as part of palliative care.

���� "Chronic pain" means
pain that persists or recurs for more than three months.�

���� "Initial
prescription" means a prescription issued to a patient who:

���� (1)�� has never previously
been issued a prescription for the drug or its pharmaceutical equivalent; or

���� (2)�� was previously issued a
prescription for, or used or was administered the drug or its pharmaceutical
equivalent, but the date on which the current prescription is being issued is
more than one year after the date the patient last used or was administered the
drug or its equivalent.

���� When determining whether a
patient was previously issued a prescription for, or used or was administered a
drug or its pharmaceutical equivalent, the practitioner shall consult with the
patient and review the patient's medical record and prescription monitoring
information.

���� "Opioid antidote"
means any drug, regardless of dosage amount or method of administration, which
has been approved by the United States Food and Drug Administration (FDA) for
the treatment of an opioid overdose.� "Opioid antidote" includes, but
is not limited to, naloxone hydrochloride, in any dosage amount, which is
administered through nasal spray or any other FDA-approved means or methods.

���� "Pain management
agreement" means a written contract or agreement that is executed between
a practitioner and a patient, prior to the commencement of treatment for
chronic pain using a Schedule II controlled dangerous substance or any opioid
drug which is a prescription drug as defined in section 2 of P.L.2003, c.280
(C.45:14-41), as a means to:

���� (1)�� prevent the possible
development of physical or psychological dependence in the patient;

���� (2)�� document the
understanding of both the practitioner and the patient regarding the patient's
pain management plan;

���� (3)�� establish the patient's
rights in association with treatment, and the patient's obligations in relation
to the responsible use, discontinuation of use, and storage of Schedule II
controlled dangerous substances, including any restrictions on the refill of
prescriptions or the acceptance of Schedule II prescriptions from
practitioners;

���� (4)�� identify the specific
medications and other modes of treatment, including physical therapy or
exercise, relaxation, or psychological counseling, that are included as a part
of the pain management plan;

���� (5)�� specify the measures the
practitioner may employ to monitor the patient's compliance, including but not
limited to random specimen screens and pill counts; and

���� (6)�� delineate the process
for terminating the agreement, including the consequences if the practitioner
has reason to believe that the patient is not complying with the terms of the
agreement.

���� "Practitioner" means
a medical doctor, doctor of osteopathy, dentist, optometrist, podiatrist,
physician
[
assistant
]

associate
,
certified nurse midwife, or advanced practice nurse, acting within the scope of
practice of their professional license pursuant to Title 45 of the Revised
Statutes.

���� h.��� This section shall not
apply to a prescription for a patient who is currently in active treatment for
cancer, receiving hospice care from a licensed hospice or palliative care, or
is a resident of a long term care facility, or to any medications that are
being prescribed for use in the treatment of substance use disorder.

���� i.���� Every policy, contract
or plan delivered, issued, executed or renewed in this State, or approved for
issuance or renewal in this State by the Commissioner of Banking and Insurance,
and every contract purchased by the School Employees' Health Benefits Commission
or State Health Benefits Commission, on or after the effective date of
[
this act
]

P.L.2017,
c.28 (C.17:48-6nn et al.)
, that provides coverage for prescription drugs
subject to a co-payment, coinsurance or deductible shall charge a co-payment,
coinsurance or deductible for an initial prescription of an opioid drug
prescribed pursuant to this section that is either:

���� (1)�� proportional between the
cost sharing for a 30-day supply and the amount of drugs the patient was
prescribed; or

���� (2)�� equivalent to the cost
sharing for a full 30-day supply of the opioid drug, provided that no
additional cost sharing may be charged for any additional prescriptions for the
remainder of the 30-day supply.

���� j.���� (1)� Subject to
paragraph (2) of this subsection, if a health care practitioner issues a
prescription for an opioid drug which is a controlled dangerous substance to a
patient, the prescriber shall additionally issue the patient a prescription for
an opioid antidote if any of the following conditions is present:

���� (a)�� the patient has a
history of substance use disorder;

���� (b)�� the prescription for the
opioid drug is for a daily dose of more than 90 morphine milligram equivalents;
or

���� (c)�� the patient holds a
current, valid prescription for a benzodiazepine drug that is a Schedule III or
Schedule IV controlled dangerous substance.

���� (2)�� A practitioner shall not
be required to issue more than one prescription for an opioid antidote to a
patient under paragraph (1) of this subsection per year.

���� (3)�� Nothing in paragraph (2)
of this subsection shall be construed to prohibit a practitioner from issuing
additional prescriptions for an opioid antidote to a patient upon the patient's
request or when the practitioner determines there is a clinical or practical
need for the additional prescription.

(cf: P.L.2023, c.177, s.57)

���� 16.� Section 2 of P.L.2015,
c.37 (C.26:2-192) is amended to read as follows:

���� 2.��� a. A physician, advanced
practice nurse, or physician
[
assistant
]

associate

who performs annual physical examinations of children 19 years of age or
younger shall complete the Student-Athlete Cardiac Screening professional
development module developed pursuant to subsection a. of section 3 of
P.L.2013, c.71 (C.18A:40-41d).

���� b.��� Upon the first renewal
of a certification, biennial registration, or renewal of a license by a
physician, advanced practice nurse, or physician
[
assistant
]

associate

after completing the Student-Athlete Cardiac Screening professional development
module as required pursuant to subsection a. of this section, a physician,
advanced practice nurse, or physician
[
assistant
]

associate

who performs annual physical examinations of children 19 years of age or
younger shall attest to the completion of the module to the Board of Medical
Examiners or the Board of Nursing, as appropriate.� An application for renewal
of a certification, biennial registration, or renewal of a license shall
include a check box for attestation regarding compliance with subsection a. of
this section for a physician, advanced practice nurse, or physician
[
assistant
]

associate

who performs annual physical examinations of children 19 years of age or
younger.

���� c.���� A physician, advanced
practice nurse, or physician
[
assistant
]

associate

who completes the Student-Athlete Cardiac Screening professional development
module as required pursuant to subsection a. of this section shall retain on
file at that person's professional office a hard copy of the certificate of
completion of the module.� The hard copy of the certificate of completion of
the module shall be made available upon request.

(cf: P.L.2015, c.37, s.2)

���� 17.� Section 1 of P.L.2019,
c.227 (C.26:2H-5o) is amended to read as follows:

���� 1.��� As used in
[
this act
]

P.L.2019,
c.227 (C.26:2H-5o et seq.)
:

���� "Appropriate" means
consistent with applicable legal, health, and professional standards, the
patient's clinical and other circumstances, and the patient's reasonably known
wishes and beliefs.

���� "Hospice care" means
a coordinated program of home, outpatient, and inpatient care and services that
is operated by a public agency or private organization, or subdivision of
either of these entities, and that provides care and services to hospice
patients and to hospice patients' families, through a medically directed
interdisciplinary team, under interdisciplinary plans of care in order to meet
the physical, psychological, social, spiritual, and other special needs that
are experienced during the final stages of illness, dying, and bereavement.� A
hospice care program includes: nursing care by or under the supervision of a
registered professional nurse; physical, occupational, or speech or language
therapy; medical social services by a certified or licensed social worker under
the direction of a physician; services of a certified home health aide; medical
supplies, including drugs and biologicals, and the use of medical appliances
related to terminal diagnosis; physician's services; short-term inpatient care,
including both palliative and respite care and procedures; spiritual and other
counseling for hospice patients and hospice patients' families; services of
volunteers under the direction of the provider of the hospice care program; and
bereavement services for hospice patients' families.

���� "Medical care" means
services provided, requested, or supervised by a physician, physician
[
assistant
]

associate
,
or advanced practice nurse.

���� "Palliative care"
means patient-centered and family-centered medical care that optimizes quality
of life by anticipating, preventing, and treating suffering caused by serious
illness.� Palliative care throughout the continuum of illness involves
addressing physical, emotional, social, and spiritual needs and facilitating
patient autonomy, access to information, and choice.� Palliative care includes,
but is not limited to: comprehensive pain and symptom management and discussion
of treatment options appropriate to the patient, including hospice care, when
appropriate.

���� "Serious illness"
means any medical illness or physical injury or condition that substantially
impacts quality of life for more than a short period of time.� Serious illness
includes, but is not limited to: cancer; heart, renal, or liver failure; lung
disease; and Alzheimer's disease and related dementias.

(cf: P.L.2019, c.227, s.1)

���� 18.� Section 4 of P.L.2019,
c.227 (C.26:2H-5r) is amended to read as follows:

���� 4.��� a. There is established
in the Department of Health the Palliative Care and Hospice Care Advisory
Council.�

���� b.��� It shall be the duty of
the council, in collaboration with the Cancer Institute of New Jersey, to
implement the provisions of P.L.2019, c.227 (C.26:2H-5o et seq.), including
establishing the Palliative Care and Hospice Care Consumer and Professional
Information and Education Program pursuant to section 2 of P.L.2019, c.227
(C.26:2H-5p), developing and facilitating the provision of information about
palliative care and hospice care for the purposes of section 3 of P.L.2019,
c.227 (C.26:2H-5q), and developing resources and programs to facilitate access
to palliative care and hospice care services for patients and residents.

���� c.���� (1) The council shall
be comprised of eleven members, to be appointed as follows: one member of the
Senate appointed by the Senate President; one member of the General Assembly
appointed by the Speaker of the General Assembly; three public members appointed
by the Senate President; three public members appointed by the Speaker of the
General Assembly; and three public members appointed by the Governor.

���� (2)�� In selecting the public
members, the Senate President, the Speaker of the General Assembly, and the
Governor shall seek to include persons who have experience, training, or
academic background in issues related to the provision of palliative care or
hospice care, with an emphasis on addressing physical, emotional, social, and
spiritual needs and facilitating patient autonomy, access to information, and
choice.� Seven of the nine public members shall be comprised as follows: one
physician, one advanced practice nurse or physician
[
assistant
]

associate
,
one nurse, one social worker, one chaplain, one pediatric oncologist, and one
hospice administrator.� The public members shall be board certified or have a
hospice and palliative care certification, as appropriate to their discipline.�
Selections of public members may be made in consultation with: the State Board
of Medical Examiners, the New Jersey Board of Nursing, the Physician
[
Assistant
]

Associate

Advisory Committee, the Board of Pharmacy, the New Jersey Hospital Association,
the Health Care Association of New Jersey, the Medical Society of New Jersey,
the New Jersey Association of Osteopathic Physicians and Surgeons, the New
Jersey State Nurses Association, the Home Care and Hospice Association of New
Jersey, LeadingAge New Jersey, the New Jersey State Society of Physician
Assistants, and the New Jersey Hospice and Palliative Care Organization
, or
any successor organization thereof
.

���� d.��� All appointments shall
be made within 30 days after the effective date of P.L.2019, c.227 (C.26:2H-5o
et seq.).�

���� e.���� The public members
shall serve for a term of five years; but, of the members first appointed,
three shall serve for a term of three years, three for a term of four years,
and three for a term of five years.� Members are eligible for reappointment
upon the expiration of their terms.� Vacancies in the membership shall be
filled in the same manner as the original appointments.�

���� f.���� The council shall
organize as soon as is practicable upon the appointment of a majority of its
members, and shall select a chairperson from among the members.

���� g.��� The members of the
council shall serve without compensation but may be reimbursed, within the
limits of funds made available to the council, for necessary travel expenses
incurred in the performance of their duties.�

���� h.��� The council shall be
entitled to call to its assistance and avail itself of the services of the
employees of any State, county, or municipal department, board, bureau,
commission, or agency as it may require and as may be available for its
purposes.

���� i.���� The Department of
Health shall provide staff support to the council.

(cf: P.L.2019, c.227, s.4)

���� 19.� Section 1 of P.L.2019,
c.392 (C.26:2H-5.34) is amended to read as follows:

���� 1.��� a. A hospital licensed
pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall require a health care
professional or appropriate staff member to include a notation in a patient's
medical record indicating that the patient has an increased risk of confusion,
agitation, behavioral problems, and wandering due to a dementia related
disorder, if such notation is requested by the patient's caregiver.� The
notation may be included in the patient's medical record at the time the
patient is admitted to the hospital or to the hospital emergency department or
when the patient is examined by a health care professional, and shall be
prominently displayed in the medical record.� A notation made pursuant to this
section shall also be included by the hospital on the patient's universal
transfer form, and, where practicable, shall be additionally communicated
electronically to any licensed health care facility to which the patient may be
admitted upon discharge by the hospital.

���� b.��� As used in this section:

���� "Caregiver" means a
relative, spouse, partner, friend, or neighbor who has a significant
relationship to the patient;

���� "Dementia" means a
chronic or persistent disorder of the mental processes due to organic brain
disease, for which no curative treatment is available, and marked by memory
disorders, changes in personality, deterioration in personal care, impaired
reasoning ability, and disorientation; and

���� "Health care
professional" means a physician, physician
[
assistant
]

associate
,
or advanced practice nurse, who is acting within the scope of the
professional's practice and is licensed or whose professional practice is
otherwise regulated pursuant to Title 45 of the Revised Statutes

(cf: P.L.2019, c.392, s.1)

���� 20.� Section 1 of P.L.2011,
c.58 (C.26:2H-128) is amended to read as follows:

���� 1.��� a. Each assisted living
facility and comprehensive personal care home provider licensed pursuant to
P.L.1971, c.136 (C.26:2H-1 et seq.) shall distribute to each resident and post
in a conspicuous, public place in the facility or home, as applicable, a statement
of resident rights.� The statement of rights shall include, at a minimum, the
rights set forth in subsection b. of this section.� Each resident, resident
family member, and legally appointed guardian, as applicable, shall be informed
of the resident rights, and provided with explanations if needed.� The provider
shall ensure that each resident, or the resident's legally appointed guardian,
as applicable, signs a copy of the statement of rights.

���� b.��� Every resident of an
assisted living facility or comprehensive personal care home that is licensed
in the State shall have the right to:

���� (1)�� receive personalized
services and care in accordance with the resident's individualized general
service or health service plan;

���� (2)�� receive a level of care
and services that address the resident's changing physical and psychosocial
status;

���� (3)�� have the resident's
independence and individuality;

���� (4)�� be treated with respect,
courtesy, consideration, and dignity;

���� (5)�� make choices with
respect to services and lifestyle;

���� (6)�� privacy;

���� (7)�� have or not to have
families' and friends' participation in resident service planning and
implementation;

���� (8)�� receive pain management
as needed, in accordance with Department of Health regulations;

���� (9)�� choose a physician,
advanced practice nurse, or physician
[
assistant
]

associate
;

���� (10) �appeal an involuntary
discharge as specified in department regulations;

���� (11) �receive written
documentation that fee increases based on a higher level of care are based on
reassessment of the resident and in accordance with department regulations;

���� (12) �receive a written
explanation of fee increases that are not related to increased services, upon
request by the resident;

���� (13) �participate, to the
fullest extent that the resident is able, in planning the resident's own
medical treatment and care;

���� (14) �refuse medication and
treatment after the resident has been informed, in language that the resident
understands, of the possible consequences of this decision;

���� (15) �refuse to participate in
experimental research, including the investigations of new drugs and medical
devices, and to be included in experimental research only when the resident
gives informed, written consent to such participation;

���� (16) �be free from physical
and mental abuse and neglect;

���� (17) �be free from chemical
and physical restraints, unless a physician, advanced practice nurse, or
physician
[
assistant
]

associate

authorizes the use for a limited period of time to protect the resident or
others from injury.� Under no circumstances shall a resident be confined in a
locked room, or restrained, including with the use of excessive drugs, for
punishment or for the convenience of staff;

���� (18) �manage the resident's
own finances, and to delegate that responsibility to a family member, assigned
guardian, facility administrator, or some other individual with power of
attorney.� The resident's authorization delegating such authority shall be witnessed
and in writing;

���� (19) �receive prior to or at
the time of admission, and afterwards through addenda, an admission agreement
that complies with all applicable State and federal laws, describes the
services provided and the related charges, and includes the policies for
payment of fees, deposits, and refunds;

���� (20) �receive a quarterly
written account of the resident's funds, the itemized property deposited with
the facility for the resident's use and safekeeping, and all financial
transactions with the resident, next-of-kin, or guardian, which account shall
show the amount of property in the account at the beginning and end of the
accounting period, as well as a list of all deposits and withdrawals,
substantiated by receipts given to the resident or the resident's guardian;

���� (21) �have daily access during
specified hours to the money and property that the resident has deposited with
the facility, and to delegate, in writing, this right of access to a
representative;

���� (22) �live in safe and clean
conditions that do not admit more residents than can safely be accommodated;

���� (23) �not be arbitrarily and
capriciously moved to a different bed or room;

���� (24) �wear the resident's own
clothes;

���� (25) �keep and use the
resident's personal property, unless doing so would be unsafe, impractical, or
an infringement on the rights of other residents;

���� (26) �reasonable opportunities
for private and intimate physical and social interaction with other people,
including the opportunity to share a room with another individual unless it is
medically inadvisable;

���� (27) �confidential treatment
with regard to information about the resident, subject to the requirements of
law;

���� (28) �receive and send mail in
unopened envelopes, unless the resident requests otherwise, and the right to
request and receive assistance in reading and writing correspondence unless
medically contraindicated;

���� (29) �have a private telephone
in the resident's living quarters at the resident's own expense;

���� (30) �meet with any visitors
of the resident's choice, at any time, in accordance with facility policies and
procedures;

���� (31) �take part in activities,
and to meet with and participate in the activities of any social, religious,
and community groups, as long as these activities do not disrupt the lives of
other residents;

���� (32) �refuse to perform
services for the facility;

���� (33) �request visits at any
time by representatives of the religion of the resident's choice and, upon the
resident's request, to attend outside religious services at the resident's own
expense;

���� (34) �participate in meals,
recreation, and social activities without being subjected to discrimination
based on age, race, religion, sex, marital status, nationality, or disability;

���� (35) �organize and participate
in a resident council that presents residents' concerns to the administrator of
the facility;

���� (36) �be transferred or
discharged only in accordance with the terms of the admission agreement and
with N.J.A.C. 8:36-5.1(d);

���� (37) �receive written notice
at least 30 days in advance when the facility requests the resident's transfer
or discharge, except in an emergency, which notice shall include the name and
contact information for the New Jersey Office of the Ombudsman for the Institutionalized
Elderly;

���� (38) �receive a written
statement of resident rights and any regulations established by the facility
involving resident rights and responsibilities;

���� (39) �retain and exercise all
constitutional, civil, and legal rights to which the resident is entitled by
law;

���� (40) �voice complaints without
fear of interference, discharge, reprisal, and obtain contact information
respecting government agencies to which residents can complain and ask
questions, which information also shall be posted in a conspicuous place in the
facility;

���� (41) �hire a private caregiver
or companion at the resident's expense and responsibility, as long as the
caregiver or companion complies with the facility's policies and procedures;
and

���� (42) �obtain medications from
a pharmacy of the resident's choosing, as long as the pharmacy complies with
the facility's medication administration system, if applicable.

(cf: P.L.2012, c.17, s.254)

���� 21.� Section 2 of P.L.2011,
c.145 (C.26:2H-130) is amended to read as follows:

���� 2.��� The Legislature finds
and declares that:

���� a.���� Pursuant to the
"New Jersey Advance Directives for Health Care Act," P.L.1991, c.201
(C.26:2H-53 et seq.), this State has statutorily recognized the right of an
adult with decision-making capacity to plan ahead for health care decisions
through the execution of advance directives and designate a surrogate
decision-maker, and to have the wishes expressed in those documents respected,
subject to certain limitations, in order to ensure that the right to control
decisions about one's own health care is not lost if a patient loses
decision-making capacity and is no longer able to participate actively in
making his own health care decisions;

���� b.��� The Physician Orders for
Life-Sustaining Treatment or Practitioner Orders for Life-Sustaining Treatment,
or POLST, form complements an advance directive by converting a person's wishes
regarding life-sustaining treatment, such as those set forth in an advance
directive, into a medical order;

���� c.���� The POLST form:�
contains immediately actionable, signed medical orders on a standardized form;
includes medical orders that address a range of life-sustaining interventions
as well as the patient's preferred intensity of treatment for each
intervention; is typically a brightly colored, clearly identifiable form; and
is recognized and honored across various health care settings;

���� d.��� The use of a POLST form
is particularly appropriate for persons who have a compromised medical
condition or a terminal illness, and the experience in other states has shown
that the use of the POLST form helps these patients to have their health care
preferences honored by health care providers;

���� e.���� The use of POLST forms
can overcome many of the problems associated with advance directives, which in
many cases are designed simply to name an individual to make health care
decisions for the patient if the latter becomes incapacitated or otherwise lack
specificity in regard to the patient's health care preferences, and are often
locked away in file drawers or safe deposit boxes and unavailable to health
care providers when the need arises to ensure that the patient's wishes are
followed;

���� f.���� A completed POLST form
is signed by, and more readily available than an advance directive to, the
patient's attending physician, physician
[
assistant
]

associate
,
or advanced practice nurse, and provides a specific and detailed set of
instructions for a health care professional or health care institution to
follow in regard to the patient's preference for the use of various medical
interventions;

���� g.��� To date, at least the
following states, or communities within these states, have established programs
providing for the use of the POLST form that have been endorsed by the National
POLST Paradigm Task Force or are in the process of developing such programs:�
Alaska, California, Colorado, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa,
Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri,
Montana, Nebraska, Nevada, New Hampshire, New York, North Carolina, North
Dakota, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Utah, Washington, West
Virginia, Wisconsin, and Wyoming; and

���� h.��� The right and preference
of New Jerseyans to have their health care preferences respected would be
better served by the use of the POLST form in this State to augment the use of
advance directives, and the enactment of
[
this
act
]

P.L.2011,
c.145 (C.26:2H-129 et al.)
will conduce to that end.

(cf: P.L.2019, c.218, s.3)

���� 22.� Section 3 of P.L.2011,
c.145 (C.26:2H-131) is amended to read as follows:

���� 3.��� As used in sections 1
through 12 of
[
this
act
]

P.L.2011,
c.145 (C.26:2H-129 et al.)
:

���� "Advance directive"
means an advance directive for health care as defined in section 3 of P.L.1991,
c.201 (C.26:2H-55).

���� "Advanced practice
nurse" or "APN" means a person who is certified as an advanced
practice nurse pursuant to P.L.1991, c.377 (C.45:11-45 et seq.).

���� "Commissioner" means
the Commissioner of Health.

���� "Decision-making
capacity" means a patient's ability to understand and appreciate the
nature and consequences of a particular health care decision, including the
benefits and risks of that decision, and alternatives to any proposed health
care, and to reach an informed decision.

���� "Department" means
the Department of Health.

���� "Emergency care"
means the use of resuscitative measures and other immediate treatment provided
in response to a sudden, acute, and unanticipated medical crisis in order to
avoid injury, impairment, or death.

���� "Emergency care
provider" means an emergency medical technician, paramedic, or member of a
first aid, ambulance, or rescue squad.

���� "Health care
decision" means a decision to accept, withdraw, or refuse a treatment,
service, or procedure used to diagnose, treat, or care for a person's physical
or mental condition, including life-sustaining treatment.

���� "Health care
institution" means a health care facility licensed pursuant to P.L.1971,
c.136 (C.26:2H-1 et seq.), a psychiatric facility as defined in section 2 of
P.L.1987, c.116 (C.30:4-27.2), or a State developmental center listed in
R.S.30:1-7.

���� "Health care
professional" means a health care professional who is licensed or
otherwise authorized to practice a health care profession pursuant to Title 45
or 52 of the Revised Statutes and is currently engaged in that practice.

���� "Life-sustaining
treatment" means the use of any medical device or procedure, artificially
provided fluids and nutrition, drugs, surgery, or therapy that uses mechanical
or other artificial means to sustain, restore, or supplant a vital bodily function,
and thereby increase the expected life span of a patient.

���� "Patient" means a
person who is under the care of a physician, physician
[
assistant
]

associate
,
or APN.

���� "Patient's
representative" means an individual who is designated by a patient or
otherwise authorized under law to make health care decisions on the patient's
behalf if the patient lacks decision-making capacity.

���� "Physician" means a
person who is licensed to practice medicine and surgery pursuant to chapter 9
of Title 45 of the Revised Statutes.

���� "Physician
[
Assistant
]

Associate
"
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).

���� "Practitioner Orders for
Life-Sustaining Treatment form" or "POLST form" means a
standardized printed document that is uniquely identifiable and has a uniform
color, which:

���� a.���� is recommended for use
on a voluntary basis by patients who have advanced chronic progressive illness
or a life expectancy of less than five years, or who otherwise wish to further
define their preferences for health care;

���� b.��� does not qualify as an
advance directive;

���� c.���� is not valid unless it
meets the requirements for a completed POLST form as set forth in
[
this act
]

P.L.2011,
c.145 (C.26:2H-129 et al.)
;

���� d.��� provides a means by
which to indicate whether the patient has made an anatomical gift pursuant to
P.L.2008, c.50 (C.26:6-77 et al.);

���� e.���� is intended to provide
direction to emergency care personnel regarding the use of emergency care, and
to a health care professional regarding the use of life-sustaining treatment,
with respect to the patient, by indicating the patient's preference concerning
the use of specified interventions and the intensity of treatment for each
intervention;

���� f.���� is intended to
accompany the patient, and to be honored by all personnel attending the
patient, across the full range of possible health care settings, including the
patient's home, a health care institution, or otherwise at the scene of a
medical emergency; and

���� g.��� may be modified or
revoked at any time by a patient with decision-making capacity or the patient's
representative in accordance with the provisions of section 7 of
[
this act
]

P.L.2011,
c.145 (C.26:2H-135)
.

���� "Resuscitative
measures" means cardiopulmonary resuscitation provided in the event that a
patient suffers a cardiac or respiratory arrest.

(cf: P.L.2019, c.218, s.4)

���� 23.� Section 6 of P.L.2011,
c.145 (C.26:2H-134) is amended to read as follows:

���� 6.��� a. A health care
professional, health care institution, or emergency care provider shall treat a
patient who has a completed POLST form in accordance with the information
contained therein, except as otherwise provided in
[
this act
]

P.L.2011,
c.145 (C.26:2H-129 et al.)
.

���� b.��� A POLST form shall be
deemed to be completed, and therefore valid for the purposes of
[
this act
]

P.L.2011,
c.145 (C.26:2H-129 et al.)
if it:

���� (1)�� contains information
indicating a patient's health care preferences;

���� (2)�� has been voluntarily
signed by a patient with decision-making capacity, or by the patient's
representative in accordance with the patient's known preferences or in the
best interests of the patient;

���� (3)�� includes the signature
of the patient's attending physician, physician
[
assistant
]

associate
,
or APN and the date of that signature; and

���� (4)�� meets any other
requirements to be deemed valid for the purposes of
[
this act
]

P.L.2011,
c.145 (C.26:2H-129 et al.)
.

���� c.���� A document executed in
another state, which meets the requirements of
[
this act
]

P.L.2011,
c.145 (C.26:2H-129 et al.)
for a POLST form, shall be deemed to be
completed and valid for the purposes of
[
this
act
]

P.L.2011,
c.145 (C.26:2H-129 et al.)
to the same extent as a POLST form completed in
this State.

(cf: P.L.2019, c.218, s.6)

���� 24.� Section 7 of P.L.2011,
c.145 (C.26:2H-135) is amended to read as follows:

���� 7.��� a. If the goals of care
of a patient with a completed POLST form change, the patient's attending
physician, physician
[
assistant
]

associate
,
or APN may, after conducting an evaluation of the patient and after obtaining
informed consent from the patient or, if the patient has lost decision-making
capacity, the patient's representative in accordance with subsection d. of this
section, issue a new order that modifies or supersedes the completed POLST form
consistent with the most current information available about the patient's
health status and goals of care.

���� b.��� A patient with
decision-making capacity, may, at any time, modify or revoke the patient's
completed POLST form or otherwise request alternative treatment to the
treatment that was ordered on the form.

���� c.���� If the orders in a
patient's completed POLST form regarding the use of any intervention specified
therein conflict with the patient's more recent verbal or written directive to
the patient's attending physician, physician
[
assistant
]

associate
,
or APN, then the physician, physician
[
assistant
]

associate
,
or APN shall honor the more recent directive from the patient in accordance
with the provisions of subsection e. of this section.

���� d.��� The POLST form shall
provide the patient with the choice to authorize the patient's representative
to revoke or modify the patient's completed POLST form if the patient loses
decision-making capacity.� If the patient so authorizes the patient's representative,
the patient's representative may, at any time after the patient loses
decision-making capacity and after consultation with the patient's attending
physician or APN, request the physician, physician
[
assistant
]

associate
,
or APN to modify or revoke the completed POLST form, or otherwise request
alternative treatment to the treatment that was ordered on the form, as the
patient's representative deems necessary to reflect the patient's health status
or goals of care.� If the patient does not authorize the patient's
representative to revoke or modify the patient's completed POLST form, the
patient's representative may not revoke or modify the patient's completed POLST
form.

���� e.���� A verbal or written
request by a patient or the patient's representative to modify or revoke a
patient's completed POLST form, in accordance with the provisions of this
section, shall be effectuated once the patient's attending physician, physician

[
assistant
]

associate
,
or APN has signed the POLST form attesting to that request for modification or
revocation.

(cf: P.L.2019, c.218, s.7)

���� 25.� Section 8 of P.L.2011,
c.145 (C.26:2H-136) is amended to read as follows:

���� 8.��� a. In the event of a
disagreement among the patient, the patient's representative, and the patient's
attending physician, physician
[
assistant
]

associate
,
or APN concerning the patient's decision-making capacity or the appropriate
interpretation and application of the terms of a completed POLST form to the
patient's course of treatment, the parties:

���� (1)�� may seek to resolve the
disagreement by means of procedures and practices established by the health
care institution, including, but not limited to, consultation with an
institutional ethics committee, or with a person designated by the health care
institution for this purpose; or

���� (2)�� may seek resolution by a
court of competent jurisdiction.

���� b.��� A health care
professional involved in the patient's care, other than the attending
physician, physician
[
assistant
]

associate
,
or APN, or an administrator of a health care institution may also seek to
resolve a disagreement concerning the patient's decision-making capacity or the
appropriate interpretation and application of the terms of a completed POLST
form to the patient's course of treatment in the same manner as set forth in
subsection a. of this section.

(cf: P.L.2019, c.218, s.8)

���� 26.� Section 6 of P.L.1984,
c.146 (C.26:2K-12) is amended to read as follows:

���� 6.��� a. (1) Only a hospital
exclusively authorized to develop and maintain advanced life support services
in the municipality in which the trauma center is located pursuant to section 1
of P.L.2015, c.70 (C.26:2K-12.1), or a hospital authorized by the commissioner
with an accredited emergency department may develop and maintain a mobile
intensive care unit, and provide advanced life support services utilizing
licensed physicians, registered professional nurses trained in advanced life
support nursing, and mobile intensive care paramedics.

���� (2)�� (a) A mobile intensive
care unit, when in service, shall be staffed by a minimum of two persons, which
two persons may be two mobile intensive care paramedics, two registered
professional nurses trained in advanced life support nursing, or one mobile intensive
care paramedic and one registered professional nurse trained in advanced life
support nursing.� Any individual providing advanced life support as provided in
this paragraph shall be authorized to render care within that individual's
scope of practice, as determined by the commissioner and based on the agency
EMS medical director's determination of competency.

���� (b)�� The Department of Health
shall establish criteria for and a process by which a hospital may apply to the
department for permission to operate a mobile intensive care unit that is
staffed by one emergency medical technician and one mobile intensive care paramedic
or registered professional nurse trained in advanced life support nursing, if
the hospital is experiencing a staffing shortage.

���� (3)�� Agency EMS medical
directors shall have the authority to establish advanced life support
protocols, within the scope of practice for advanced life support providers
established by
[
this
act
]

P.L.2022, c.118 (C.26:2K-8.1 et al.)
and the commissioner, which protocols
shall include, but shall not be limited to, protocols concerning medications,
equipment, procedures, and clinical practice.� Such advanced life support
protocols shall be submitted to the commissioner for approval.� The
commissioner may approve or deny advanced life support protocols submitted by
an agency EMS medical director or may approve such protocols subject to
amendments that the commissioner deems to be necessary.� Aspects of clinical
practice that exceed the scope established by commissioner shall be submitted
by an agency EMS medical director to the mobile intensive care advisory council
for review and recommendation to the commissioner, which shall be acted upon by
the commissioner within 90 days.

���� (4)�� The commissioner with
the approval of the State Board of Medical Examiners shall establish education
and competency requirements which a board-certified or board-eligible emergency
medicine physician, advanced practice nurse, or physician
[
assistant
]

associate

who is employed by a hospital with a mobile intensive care unit shall be
required to meet in order to obtain authorization from the department to
deliver care within the respective scope of practice of the board-certified or
board-eligible emergency medicine physician, advanced practice nurse, or
physician
[
assistant
]

associate
,
as the case may be, in a pre-hospital setting or an interfacility setting.� An
authorized board-certified or board-eligible emergency medicine physician,
advanced practice nurse, or physician
[
assistant
]

associate

may deliver such care if and to the extent approved by the agency EMS medical
director.

���� b.��� A hospital authorized by
the commissioner pursuant to subsection a. of this section shall provide mobile
intensive care unit services on a seven-day-a-week basis.

���� c.���� The commissioner shall
establish, in writing, criteria which a hospital shall meet in order to qualify
for the authorization.

���� d.��� The commissioner may
withdraw his authorization if the hospital or unit violates any provision of
[
this act
]

P.L.1984,
c.146 (C.26:2K-7 et seq.)
or rules or regulations promulgated pursuant
thereto.

���� e.���� Nothing in this section
shall be construed to alter the scope of practice of any licensed health care
professional under Title 45 of the Revised Statutes or the scope or authority
of any agency, board, department, or other entity in this State that is responsible
for licensing health care workers.

(cf: P.L.2022, c.118, s.8)

���� 27.� Section 8 of P.L.1984,
c.146 (C.26:2K-14) is amended to read as follows:

���� 8.��� No emergency medical
technician, mobile intensive care paramedic, licensed physician, hospital or
its board of trustees, officers and members of the medical staff, registered
nurse, advanced practice nurse, physician
[
assistant
]

associate
,
or other employees of the hospital, first aid, ambulance or rescue squad,
licensed emergency medical services agency, or officers and members of a first
aid, ambulance or rescue squad shall be liable for any civil damages as the
result of an act or the omission of an act committed while in training for or
in the rendering of basic and advanced life support services in good faith and
in accordance with
[
this
act
]

P.L.1984,
c.146 (C.26:2K-7 et seq.) and P.L.2022, c.118 (C.26:2K-8.1 et al.)
.

(cf: P.L.2022, c.118, s.10)

���� 28.� Section 1 of P.L.2021,
c.430 (C.26:3A2-20.3) is amended to read as follows:

���� 1.��� As used in
[
this act
]

P.L.2021,
c.430 (C.26:3A2-20.3 et seq.)
:

���� "Confidential case
report" means a report created by a local overdose fatality review team
summarizing the data collected and analyzed regarding a confirmed fatal drug
overdose.

���� "De-identifiable
data" means data or information not containing personally identifiable
information.

���� "Health care
provider" means a physician, advanced practice nurse, or physician
[
assistant
]

associate

acting within the scope of a valid license or certification issued pursuant to
Title 45 of the Revised Statutes.

���� "Local team" means a
local overdose fatality review team.

���� "Mental health
provider" means a psychiatrist, a psychologist, an advanced practice nurse
practitioner with a specialty in psychiatric mental health, a clinical social
worker, a professional counselor, or a marriage and family therapist who is licensed
to provide mental health services pursuant to Title 45 of the Revised Statutes.

���� "Overdose" means
"drug overdose" as that term is defined in section 3 of P.L.2013,
c.46 (C.24:6J-3).

���� "Personally identifiable
information" means any information about an individual that can be used to
distinguish or trace an individual's identity, including, but not limited to,
an individual's name, address, social security number, date and place of birth,
mother's maiden name, biometric records, and medical, educational, financial,
and employment information.

���� "Public health
purpose" means a purpose of protecting and improving the health of people
and their communities.� "Public health purpose" includes, but is not
limited to, implementing educational programs, recommending policies, administering
services, conducting research, and promoting healthcare equity, in an effort to
protect the health of entire populations.

���� "Substance use
disorder" shall have the same meaning prescribed by the American
Psychiatric Association in the Diagnostic and Statistical Manual of Mental
Disorders, Fifth Edition, and any subsequent editions, and shall include the
symptoms of withdrawal from a substance use disorder.

���� "Substance use disorder
treatment provider" means any individual or entity licensed, registered,
or certified pursuant to the laws of this State to treat substance use
disorders or who holds a current and valid waiver under the federal Drug Addiction
Treatment Act of 2000 (Pub. L. 106-310) from the federal Substance Abuse and
Mental Health Services Administration to treat individuals with substance use
disorder using medications approved for that indication by the United States
Food and Drug Administration.

(cf: P.L.2021, c.430, s.1)

���� 29.� Section 1 of P.L.2019,
c.336 (C.26:4-48.2) is amended to read as follows:

���� 1.��� a. Notwithstanding any
other provision of law to the contrary, a health care professional who
diagnoses a patient as having a sexually transmitted disease may provide
expedited partner therapy to a sexual partner of the patient pursuant to
[
this act
]

P.L.2019,
c.336 (C.26:4-48.2 et seq.)
.�

���� b.��� Expedited partner
therapy shall consist of the health care professional:

���� (1)�� prescribing or
dispensing medication for the treatment of the sexually transmitted disease.�
The medication shall be prescribed or dispensed in the sexual partner's name
or, if not known, in the name of "Expedited Partner Therapy," and
provided to the patient to give to the sexual partner;

���� (2)�� providing the patient
with printed informational materials, which have been distributed by the
department pursuant to subsection a. of section 2 of
[
this act
]

P.L.2019,
c.336 (C.26:4-48.2 et seq.)
, for the patient to give to the sexual partner;
and

���� (3)�� requesting that the
patient advise the sexual partner of the importance of seeking clinical
treatment for the sexually transmitted disease from a health care professional.

���� The health care professional
shall not be required to perform a clinical examination of the sexual partner
as a condition of providing expedited partner therapy.�

���� c.���� A health care
professional may provide expedited partner therapy to any sexual partner of the
patient, provided that:

���� (1)�� the patient indicates
with reasonable certainty that the patient has had sexual contact with the
sexual partner within the past 60 days under circumstances in which there was a
risk of transmission of a sexually transmitted disease;

���� (2)�� the patient indicates
with reasonable certainty that the sexual partner is unable or unwilling to
seek clinical services in a timely manner; and

���� (3)�� the patient indicates
with reasonable certainty that the patient will be able to contact the sexual
partner for the purposes of providing expedited partner therapy.

���� d.��� As used in
[
this act
]

P.L.2019,
c.336 (C.26:4-48.2 et seq.)
:

���� "Commissioner" means
the Commissioner of Health.

���� "Department" means
the Department of Health.

���� "Health care
professional" means a physician, advanced practice nurse, certified nurse
midwife, or physician
[
assistant
]

associate

who is authorized to issue prescriptions for the medications used in expedited
partner therapy and for whom the treatment of sexually transmitted disease is
within the physician's, advanced practice nurse's, certified nurse midwife's,
or physician
[
assistant's
]

associate�s

scope of training and practice.

(cf: P.L.2019, c.336, s.1)

���� 30.� Section 4 of P.L.1983,
c.308 (C.26:6-8.1) is amended to read as follows:

���� 4.��� a. Where there has been
an apparent death that is not governed by the provisions of section 4 of
P.L.1991, c.90 (C.26:6A-4), a registered professional nurse licensed by the New
Jersey Board of Nursing under P.L.1947, c.262 (C.45:11-23 et seq.) or a physician

[
assistant
]

associate

licensed pursuant to P.L.1991, c.378 (C.45:9-27.10 et seq.) may make the actual
determination and pronouncement of death and shall attest to this pronouncement
by:� signing in the space designated for this signature on the certificate of
death under R.S.26:6-7; or, for the purposes of the NJ-EDRS, transmitting
orally or in writing a report of the pronouncement to the attending, covering,
or resident physician, or the county medical examiner.

���� b.��� (Deleted by amendment,
P.L.2006, c.86).

(cf: P.L.2015, c.224, s.13)

���� 31.� Section 1 of P.L.1988,
c.125 (C.26:6-8.2) is amended to read as follows:

���� 1.��� If the attending
physician, registered professional nurse, physician
[
assistant
]

associate
,
or the Chief State Medical Examiner, Deputy Chief State Medical Examiner, or
county or intercounty medical examiner or assistant county or intercounty
medical examiner who makes the actual determination and pronouncement of death
determines or has knowledge that the deceased person was HIV positive or
infected with hepatitis B virus or that the deceased person suffered from AIDS,
or any of the contagious, infectious, or communicable diseases as shall be
determined by the Commissioner of Health, the attending physician, registered
professional nurse, physician
[
assistant
]

associate
,
or the Chief State Medical Examiner, Deputy Chief State Medical Examiner, or
county or intercounty medical examiner or assistant county or intercounty
medical examiner shall immediately place with the remains written notification
of the condition and shall provide written notification of the condition to the
funeral director who is responsible for the handling and the disposition of the
body.

(cf: P.L.2018, c.62, s.26)

���� 32.� Section 2 of P.L.2005,
c.222 (C.26:13-2) is amended to read as follows:

���� 2.��� As used in
[
this act
]

P.L.2005,
c.222 (C.26:13-1 et al.)
:

���� "Biological agent"
means any microorganism, virus, bacterium, rickettsiae, fungus, toxin,
infectious substance, or biological product that may be naturally occurring or
engineered as a result of biotechnology, or any naturally occurring or bioengineered
component of any such microorganism, virus, bacterium, rickettsiae, fungus,
infectious substance, or biological product, capable of causing death, disease,
or other biological malfunction in a human, an animal, a plant, or another
living organism.

���� "Bioterrorism" means
the intentional use or threat of use of any biological agent, to cause death,
disease, or other biological malfunction in a human, animal, plant, or other
living organism, or degrade the quality and safety of the food, air, or water
supply.

���� "Chemical weapon"
means a toxic chemical and its precursors, except where intended for a lawful
purpose as long as the type and quantity is consistent with such a purpose.�
Chemical weapon includes, but is not limited to: nerve agents, choking agents,
blood agents, and incapacitating agents.

���� "Commissioner" means
the Commissioner of Health, or the commissioner's designee.

���� "Contagious disease"
means an infectious disease that can be transmitted from person to person.

���� "Department" means
the Department of Health.

���� "Health care
facility" means any non-federal institution, building or agency, or
portion thereof whether public or private for profit or nonprofit that is used,
operated or designed to provide health services, medical or dental treatment or
nursing, rehabilitative, or preventive care to any person.� Health care
facility includes, but is not limited to:� an ambulatory surgical facility,
home health agency, hospice, hospital, infirmary, intermediate care facility,
dialysis center, long-term care facility, medical assistance facility, mental
health center, paid and volunteer emergency medical services, outpatient
facility, public health center, rehabilitation facility, residential treatment
facility, skilled nursing facility, and adult day care center.� Health care
facility also includes, but is not limited to, the following related property
when used for or in connection with the foregoing:� a laboratory, research
facility, pharmacy, laundry facility, health personnel training and lodging
facility, patient, guest and health personnel food service facility, and the
portion of an office or office building used by persons engaged in health care
professions or services.

���� "Health care
provider" means any person or entity who provides health care services
including, but not limited to: a health care facility, bioanalytical laboratory
director, perfusionist, physician, physician
[
assistant
]

associate
,
pharmacist, dentist, nurse, paramedic, respiratory care practitioner, medical
or laboratory technician, and ambulance and emergency medical workers.

���� "Infectious disease"
means a disease caused by a living organism or other pathogen, including a
fungus, bacteria, parasite, protozoan, virus, or prion.� An infectious disease
may, or may not, be transmissible from person to person, animal to person, or
insect to person.

���� "Isolation" means
the physical separation and confinement of an individual or groups of
individuals who are infected or reasonably believed to be infected, on the
basis of signs, symptoms or laboratory analysis, with a contagious or possibly
contagious disease from non-isolated individuals, to prevent or limit the
transmission of the disease to non-isolated individuals.

���� "Local health
agency" means a county, regional, municipal, or other governmental agency
organized for the purpose of providing health services, administered by a
full-time health officer and conducting a public health program pursuant to
law.

���� "Local Information
Network and Communications System Agency" or "LINCS agency"
means the lead local public health agency in each county or identified city, as
designated and determined by the commissioner pursuant to section 21 of
[
this act
]

P.L.2005,
c.222 (C.26:13-21)
, responsible for providing central planning,
coordination, and delivery of specialized services within the designated county
or city, in partnership with the other local health agencies within that
jurisdiction, in order to prepare for and respond to acts of bioterrorism and
other forms of terrorism or other public health emergencies or threats, and to
discharge the activities as specified under
[
this
act
]

P.L.2005,
c.222 (C.26:13-1 et al.)
.

���� "Microorganism"
includes, but is not limited to, bacteria, viruses, fungi, rickettsiae, or
protozoa.

���� "Nuclear or radiological
device" means:� any nuclear device which is an explosive device designed
to cause a nuclear yield; an explosive radiological dispersal device used
directly or indirectly to spread radioactive material; or a simple radiological
dispersal device which is any act, container or any other device used to
release radiological material for use as a weapon.

���� "Overlap agent or
toxin" means:� any microorganism or toxin that poses a risk to both human
and animal health and includes:

Anthrax - Bacillus anthracis

Botulism - Clostridium botulinum
toxin, Botulinum neurotoxins, Botulinum neurotoxin producing species of
Clostridium

Plague - Yersinia pestis

Tularemia - Francisella tularensis

Viral Hemorrhagic Fevers - Ebola,
Marburg, Lassa, Machupo

Brucellosis- Brucellosis species

Glanders - Burkholderia mallei

Melioidosis - Burkholderia
pseudomallei

Psittacosis - Chlamydophila
psittaci

Coccidiodomycosis - Coccidiodes
immitis

Q Fever - Coxiella burnetii

Typhus Fever - Rickettsia
prowazekii

Viral Encephalitis - VEE
(Venezuelan equine encephalitis virus), EEE (Eastern equine encephalitis), WEE
(Western equine encephalitis)

Toxins - Ricinus communis,
Clostridium perfringens, Staph. Aureus, Staphylococcal enterotoxins, T-2 toxin,
Shigatoxin

Nipah - Nipah virus

Hantavirus - Hantavirus

West Nile Fever - West Nile virus

Hendra - Hendra virus

Rift Valley Fever - Rift Valley
Fever virus

Highly Pathogenic Avian Influenza

���� "Public health
emergency" means an occurrence or imminent threat of an occurrence that:

���� a.���� is caused or is
reasonably believed to be caused by any of the following:� (1) bioterrorism or
an accidental release of one or more biological agents; (2) the appearance of a
novel or previously controlled or eradicated biological agent; (3) a natural disaster;
(4) a chemical attack or accidental release of toxic chemicals; or (5) a
nuclear attack or nuclear accident; and

���� b.��� poses a high probability
of any of the following harms:� (1) a large number of deaths, illness, or
injury in the affected population; (2) a large number of serious or long-term
impairments in the affected population; or (3) exposure to a biological agent
or chemical that poses a significant risk of substantial future harm to a large
number of people in the affected population.

���� "Quarantine" means
the physical separation and confinement of an individual or groups of
individuals, who are or may have been exposed to a contagious or possibly
contagious disease and who do not show signs or symptoms of a contagious
disease, from non-quarantined individuals, to prevent or limit the transmission
of the disease to non-quarantined individuals.

���� "Toxin" means the
toxic material of plants, animals, microorganisms, viruses, fungi, or
infectious substances, or a recombinant molecule, whatever its origin or method
of production, including:

���� a.���� any poisonous substance
or biological product that may be engineered as a result of biotechnology or
produced by a living organism; or

���� b.��� any poisonous isomer or
biological product, homolog, or derivative of such a substance.

(cf: P.L.2012, c.17, s.356)

���� 33.� Section 3 of P.L.2019,
c.160 (C.30:4-82.7) is amended to read as follows:

���� 3.��� For the purposes of
[
this act
]

P.L.2019,
c.160 (C.30:4-82.5 et seq.)
:

���� "Clinician" means a
State licensed physician, except if the clinician makes mental health
evaluations, the term shall mean a State licensed psychiatrist or psychologist,
or an advanced practice nurse or clinical nurse specialist with a specialty in
psychiatric nursing.

���� "Commissioner" means
the Commissioner of Corrections.�

���� "Correctional
facility" means any State correctional facility or county correctional
facility, and any State, county, or private facility detaining persons pursuant
to any intergovernmental service agreement or other contract with any State, county,
or federal agency, including, but not limited to, United States Immigration and
Customs Enforcement.�

���� "County correctional
facility" means a county jail, penitentiary, prison, or workhouse.

���� "Emergency
confinement" means the segregation of an inmate in a correctional facility
when there is reasonable cause to believe that this segregation is necessary
for reducing a substantial risk of imminent serious harm to the inmate or
others, as evidenced by recent conduct.

���� "Facility
administrator" or "administrator" means the chief operating
officer or senior administrative designee of a correctional facility.

���� "Inmate" means a
person confined in a correctional facility.�

���� "Isolated
confinement" means confinement of an inmate in a correctional facility,
pursuant to disciplinary, administrative, protective, investigative, medical,
or other classification, in a cell or similarly confined holding or living
space, alone or with other inmates, for approximately 20 hours or more per day
in a State correctional facility or 22 hours or more per day in a county
correctional facility, with severely restricted activity, movement, and social
interaction.� Isolated confinement shall not include confinement due to a
facility-wide or unit-wide lockdown that is required to ensure the safety of
inmates and staff.� "Less restrictive intervention" means a placement
or conditions of confinement, or both, in the current or an alternative
correctional facility, under conditions less restrictive of an inmate's
movement, privileges, activities, or social interactions.�

���� "Medical isolation"
means isolated confinement of an inmate for medical reasons, including a mental
health emergency or when necessary for preventing the spread of a communicable
disease.

���� "Medical staff"
means State licensed physicians, physician
[
assistants
]

associates
,
advanced practice nurses or clinical nurse specialists or, for mental health
evaluations or decisions, those registered nurses with a specialty in
psychiatric nursing, or comparably credentialed employees or contractors
employed to provide healthcare.

���� "Member of a vulnerable
population" means any inmate who:

���� a.���� is 21 years of age or
younger;

���� b.��� is 65 years of age or
older;

���� c.���� has a disability based
on a mental illness, as defined in subsection r. of section 2 of P.L.1987,
c.116 (C.30:4-27.2), a history of psychiatric hospitalization, or has recently
exhibited conduct, including but not limited to serious self-mutilation, indicating
the need for further observation or evaluation to determine the presence of
mental illness;

���� d.��� has a developmental
disability, as defined in subsection b. of section 3 of P.L.1985, c.145
(C.30:6D-25);

���� e.���� has a serious medical
condition which cannot effectively be treated in isolated confinement;

���� f.���� is pregnant, is in the
postpartum period, or has recently suffered a miscarriage or terminated a
pregnancy;

���� g.��� has a significant
auditory or visual impairment; or

���� h.��� is perceived to be
lesbian, gay, bisexual, transgender, or intersex.�

���� "Postpartum period"
means the 45 days after childbirth.���������� "Protective custody"
means confinement of an inmate in a cell or similarly confined holding or
living space, under conditions necessary to protect the inmate or others.�

���� "State correctional
facility" means a State prison or other penal institution or an
institution or facility designated by the commissioner as a place of
confinement under section 2 of P.L.1969, c.22 (C.30:4-91.2).

(cf: P.L.2019, c.160, s.3)

���� 34.� Section 2 of P.L.1970,
c.289 (C.30:4-165.8) is amended to read as follows:

���� 2.��� a. The moving papers
shall include:� (1) a verified complaint; (2) an affidavit from a practicing
physician or a psychologist licensed pursuant to P.L.1966, c.282 (C.45:14B-1 et
seq.) who has made a personal examination of the alleged incapacitated person
not more than six months prior to the filing of the verified complaint; and (3)
one of the following documents:� (a) an affidavit from the chief executive
officer, medical director, or other officer having administrative control over
the program from which the individual is receiving functional or other services
provided by the Division of Developmental Disabilities; (b) an affidavit from a
designee of the Division of Developmental Disabilities having personal
knowledge of the functional capacity of the individual who is the subject of
the guardianship action; (c) a second affidavit from a practicing physician or
psychologist licensed pursuant to P.L.1966, c.282 (C.45:14B-1 et seq.); (d) a
copy of the Individualized Education Program, including any medical or other
reports, for the individual who is subject to the guardianship action, which
shall have been prepared no more than two years prior to the filing of the
verified complaint; or (e) an affidavit from a licensed care professional
having personal knowledge of the functional capacity of the individual who is
the subject of the guardianship action.� The documents described in paragraphs
(2) and (3) of this subsection shall set forth with particularity the facts
supporting the belief that the alleged incapacitated person suffers from a
significant chronic functional impairment to such a degree that the person
either lacks the cognitive capacity to make decisions for himself or to
communicate, in any way, decisions to others.�

���� b.��� As used in this section:

���� "Designee of the Division
of Developmental Disabilities" means an evaluator, care manager, case
manager, or other employee or contractor affiliated with the Division of
Developmental Disabilities, whether or not such person has administrative control
over the program from which the individual is receiving functional or other
services.

���� "Individualized education
program" means a written plan which sets forth present levels of academic
achievement and functional performance, measurable annual goals, and short-term
objectives or benchmarks, and describes an integrated, sequential program of
individually designed instructional activities and related services necessary
to achieve the stated goals and objectives.

���� "Licensed care
professional" means a duly certified or licensed advanced practice nurse,
board certified assistant behavior analyst, board certified behavior analyst,
clinical nurse practitioner, licensed practical nurse, family counselor, nurse,
occupational therapist, physical therapist, physician
[
assistant
]

associate
,
professional counselor, registered nurse, social worker, or speech language
pathologist.

���� "Significant chronic
functional impairment" includes, but is not limited to, a lack of
comprehension of concepts related to personal care, health care, or medical
treatment.

(cf: P.L.2015, c.132, s.1)

���� 35.� Section 6 of P.L.1968,
c.413 (C.30:4D-6) is amended to read as follows:

���� 6.��� a. Subject to the
requirements of Title XIX of the federal Social Security Act, the limitations
imposed by
[
this
act
]

P.L.1968,
c.413 (C.30:4D-1 et seq.)
and by the rules and regulations promulgated
pursuant thereto, the department shall provide medical assistance to qualified
applicants, including authorized services within each of the following
classifications:

���� (1)�� Inpatient hospital
services

���� (2)�� Outpatient hospital
services;

���� (3)�� Other laboratory and
X-ray services;

���� (4)�� (a) Skilled nursing or
intermediate care facility services;

���� (b)�� Early and periodic
screening and diagnosis of individuals who are eligible under the program and
are under age 21, to ascertain their physical or mental health status and the
health care, treatment, and other measures to correct or ameliorate defects and
chronic conditions discovered thereby, as may be provided in regulation of the
Secretary of the federal Department of Health and Human Services and approved
by the commissioner;

���� (5)�� Physician's services
furnished in the office, the patient's home, a hospital, a skilled nursing, or
intermediate care facility or elsewhere.

���� As used in this subsection,
"laboratory and X-ray services" includes HIV drug resistance testing,
including, but not limited to, genotype assays that have been cleared or
approved by the federal Food and Drug Administration, laboratory developed
genotype assays, phenotype assays, and other assays using phenotype prediction
with genotype comparison, for persons diagnosed with HIV infection or AIDS.

���� b.��� Subject to the
limitations imposed by federal law, by
[
this
act
]

P.L.1968,
c.413 (C.30:4D-1 et seq.)
, and by the rules and regulations promulgated
pursuant thereto, the medical assistance program may be expanded to include
authorized services within each of the following classifications:

���� (1)�� Medical care not
included in subsection a.(5) above, or any other type of remedial care
recognized under State law, furnished by licensed practitioners within the
scope of their practice, as defined by State law;

���� (2)�� Home health care
services;

���� (3)�� Clinic services;

���� (4)�� Dental services;

���� (5)�� Physical therapy and
related services;

���� (6)�� Prescribed drugs,
dentures, and prosthetic devices; and eyeglasses prescribed by a physician
skilled in diseases of the eye or by an optometrist, whichever the individual
may select;

���� (7)�� Optometric services;

���� (8)�� Podiatric services;

���� (9)�� Chiropractic services;

���� (10)� Psychological services;

���� (11)� Inpatient psychiatric
hospital services for individuals under 21 years of age, or under age 22 if
they are receiving such services immediately before attaining age 21;

���� (12)� Other diagnostic,
screening, preventative, and rehabilitative services, and other remedial care;

���� (13)� Inpatient hospital
services, nursing facility services, and immediate care facility services for
individuals 65 years of age or over in an institution for mental diseases;

���� (14)� Intermediate care
facility services;

���� (15)� Transportation services;

���� (16)� Services in connection
with the inpatient or outpatient treatment or care of substance use disorder,
when the treatment is prescribed by a physician and provided in a licensed
hospital or in a narcotic and substance use disorder treatment center approved
by the Department of Health pursuant to P.L.1970, c.334 (C.26:2G-21 et. seq.)
and whose staff includes a medical director, and limited those services
eligible for federal financial participation under Title XIX of the federal
Social Security Act;

���� (17)� Any other medical care
and any other type of remedial care recognized under State law, specified by
the Secretary of the federal Department of Health and Human Services, and
approved by the commissioner;

���� (18)� Comprehensive maternity
care, which may include:� the basic number of prenatal and postpartum visits
recommended by the American College of Obstetrics and Gynecology; additional
prenatal and postpartum visits that are medically necessary; necessary
laboratory, nutritional assessment and counseling, health education, personal
counseling, managed care, outreach, and follow-up services; treatment of
conditions which may complicate pregnancy doula care; and physician or
certified nurse midwife delivery services.� For the purposes of this paragraph,
"doula" means a trained professional who provides continuous
physical, emotional, and informational support to a mother before, during, and
shortly after childbirth, to help her to achieve the healthiest, most
satisfying experience possible;

���� (19)� Comprehensive pediatric
care, which may include: ambulatory, preventive, and primary care health
services.� The preventive services shall include, at a minimum, the basic
number of preventive visits recommended by the American Academy of Pediatrics;

���� (20)� Services provided by a
hospice which is participating in the Medicare program established pursuant to
Title XVIII of the Social Security Act, Pub.L.89-97 (42 U.S.C. s.1395 et
seq.).� Hospice services shall be provided subject to approval of the Secretary
of the federal Department of Health and Human Services for federal
reimbursement;

���� (21)� Mammograms, subject to
approval of the Secretary of the federal Department of Health and Human
Services for federal reimbursement, including one baseline mammogram for women
who are at least 35 but less than 40 years of age; one mammogram examination
every two years or more frequently, if recommended by a physician, for women
who are at least 40 but less than 50 years of age; and one mammogram
examination every year for women age 50 and over;

���� (22)� Upon referral by a
physician, advanced practice nurse, or physician
[
assistant
]

associate

of a person who has been diagnosed with diabetes, gestational diabetes, or
pre-diabetes, in accordance with standards adopted by the American Diabetes
Association:

���� (a)� Expenses for diabetes
self-management education or training to ensure that a person with diabetes,
gestational diabetes, or pre-diabetes can optimize metabolic control, prevent
and manage complications, and maximize quality of life.� Diabetes self-management
education shall be provided by an in-State provider who is:

���� (i)� a licensed, registered,
or certified health care professional who is certified by the National
Certification Board of Diabetes Educators as a Certified Diabetes Educator, or
certified by the American Association of Diabetes Educators with a Board Certified-Advanced
Diabetes Management credential, including, but not limited to:� a physician, an
advanced practice or registered nurse, a physician
[
assistant
]

associate
,
a pharmacist, a chiropractor, a dietitian registered by a nationally recognized
professional association of dietitians, or a nutritionist holding a certified
nutritionist specialist (CNS) credential from the Board for Certification of
Nutrition Specialists; or

���� (ii)� an entity meeting the
National Standards for Diabetes Self-Management Education and Support, as
evidenced by a recognition by the American Diabetes Association or
accreditation by the American Association of Diabetes Educators;

���� (b)� Expenses for medical
nutrition therapy as an effective component of the person's overall treatment
plan upon a: diagnosis of diabetes, gestational diabetes, or pre-diabetes;
change in the beneficiary's medical condition, treatment, or diagnosis; or determination
of a physician, advanced practice nurse, or physician
[
assistant
]

associate

that reeducation or refresher education is necessary.� Medical nutrition
therapy shall be provided by an in-State provider who is a dietitian registered
by a nationally-recognized professional association of dietitians, or a
nutritionist holding a certified nutritionist specialist (CNS) credential from
the Board for Certification of Nutrition Specialists, who is familiar with the
components of diabetes medical nutrition therapy;

���� (c)� For a person diagnosed
with pre-diabetes, items and services furnished under an in-State diabetes
prevention program that meets the standards of the National Diabetes Prevention
Program, as established by the federal Centers for Disease Control and Prevention;
and

���� (d)� Expenses for any
medically appropriate and necessary supplies and equipment recommended or
prescribed by a physician, advanced practice nurse, or physician
[
assistant
]

associate

for the management and treatment of diabetes, gestational diabetes, or
pre-diabetes, including, but not limited to:� equipment and supplies for
self-management of blood glucose; insulin pens; insulin pumps and related
supplies; and other insulin delivery devices;

���� (23)� Expenses incurred for
the provision of group prenatal services to a pregnant woman, provided that:

���� (a)� the provider of such
services, which shall include, but not be limited to, a federally qualified
health center or a community health center operating in the State:

���� (i)� is a site accredited by
the Centering Healthcare Institute, or is a site engaged in an active
implementation contract with the Centering Healthcare institute, that utilizes
the Centering Pregnancy model; and

���� (ii)� incorporates the
applicable information outlined in any best practices manual for prenatal and
postpartum maternal care developed by the Department of Health into the
curriculum for each group prenatal visit;

���� (b)� each group prenatal care
visit is at least 1.5 hours in duration, with a minimum of two women and a
maximum of 20 women in participation; and

���� (c)� no more than 10 group
prenatal care visits occur per pregnancy.� As used in this paragraph,
"group prenatal care services" means a series of prenatal care visits
provided in a group setting which are based upon the Centering Pregnancy model
developed by the Centering Healthcare Institute and which include health
assessments, social and clinical support, and educational activities;

���� (24)� Expenses incurred for
the provision of pasteurized donated human breast milk, which shall include
human milk fortifiers if indicated in a medical order provided by a licensed
medical practitioner, to an infant under the age of six months; provided that
the milk is obtained from a human milk bank that meets quality guidelines
established by the Department of Health and a licensed medical practitioner has
issued a medical order for the infant under at least one of the following
circumstances:

���� (a)� the infant is medically
or physically unable to receive maternal breast milk or participate in breast
feeding, or the infant's mother is medically or physically unable to produce
maternal breast milk in sufficient quantities or participate in breast feeding
despite optimal lactation support; or

���� (b)� the infant meets any of
the following conditions:

���� (i)� a body weight below
healthy levels, as determined by the licensed medical practitioner issuing the
medical order for the infant;

���� (ii)� the infant has a
congenital or acquired condition that places the infant at a high risk for
development of necrotizing enterocolitis; or

���� (iii)� the infant has a
congenital or acquired condition that may benefit from the use of donor breast
milk and human milk fortifiers, as determined by the Department of Health;

���� (25)� Comprehensive tobacco
cessation benefits to an individual who is 18 years of age or older, or who is
pregnant.� Coverage shall include:� brief and high intensity individual
counseling, brief and high intensity group counseling, and telemedicine as defined
by section 1 of P.L.2017, c.117 (C.45:1-61); all medications approved for
tobacco cessation by the U.S. Food and Drug Administration; and other tobacco
cessation counseling recommended by the Treating Tobacco Use and Dependence
Clinical Practice Guideline issued by the U.S. Public Health Service.�
Notwithstanding the provisions of any other law, rule, or regulation to the
contrary, and except as otherwise provided in this section:

���� (a)� Information regarding the
availability of the tobacco cessation services described in this paragraph
shall be provided to all individuals authorized to receive the tobacco
cessation services pursuant to this paragraph at the following times:� no later
than 90 days after the effective date of P.L.2019, c.473; upon the
establishment of an individual's eligibility for medical assistance; and upon
the redetermination of an individual's eligibility for medical assistance;

���� (b)� The following conditions
shall not be imposed on any tobacco cessation services provided pursuant to
this paragraph:� copayments or any other forms of cost-sharing, including
deductibles; counseling requirements for medication; stepped care therapy or
similar restrictions requiring the use of one service prior to another; limits
on the duration of services; or annual or lifetime limits on the amount,
frequency, or cost of services, including, but not limited to, annual or
lifetime limits on the number of covered attempts to quit; and

���� (c)� Prior authorization
requirements shall not be imposed on any tobacco cessation services provided
pursuant to this paragraph except in the following circumstances where prior
authorization may be required:� for a treatment that exceeds the duration recommended
by the most recently published United States Public Health Service clinical
practice guidelines on treating tobacco use and dependence; or for services
associated with more than two attempts to quit within a 12-month period;

���� (26)� Provided that there is
federal financial participation available, benefits for expenses incurred in
conducting a colorectal cancer screening in accordance with United States
Preventive Services Task Force recommendations.� The method and frequency of
screening to be utilized shall be in accordance with the most recent published
recommendations of the United States Preventive Services Task Force and as
determined medically necessary by the covered person's physician, in
consultation with the covered person.

���� No deductible, coinsurance,
copayment, or any other cost-sharing requirement shall be imposed for a
colonoscopy performed following a positive result on a non-colonoscopy,
colorectal cancer screening test recommended by the United States Preventive
Services Task Force;

���� (27)� (a) Within 24 months of
the effective date of P.L.2023, c.187 (C.30:4D-6u et al.), and conditional on
the receipt of all necessary federal approvals and the securing of federal
financial participation pursuant to section 2 of P.L.2023, c.187 (C.30:4D-6u),
community-based palliative care benefits which shall include, but not be
limited to, all of the following:

���� (i)� specialized medical care
and emotional and spiritual support for beneficiaries with serious advanced
illnesses;

���� (ii)� relief of symptoms,
pain, and stress of serious illness;

���� (iii)� improvement of quality
of life for both the beneficiary and the beneficiary's family; and

���� (iv)� appropriate care for any
age and for any stage of serious illness, along with curative treatment.

���� (b)� Benefits provided under
this paragraph shall include, but shall not be limited to, services provided by
a hospice pursuant to paragraph (20) of subsection b. of this section, provided
that:

���� (i)� hospice services may be
provided at the same time that curative treatment is available, to the extent
that services are not duplicative;

���� (ii)� hospice services may be
provided to beneficiaries whose conditions may result in death, regardless of
the estimated length of the beneficiary's remaining period of life; and

���� (iii)� the Division of Medical
Assistance and Health Services in the Department of Human Services may include
any other service deemed appropriate under the benefits provided under this
paragraph.

���� (c)� Providers authorized to
deliver benefits provided under this paragraph shall include Medicaid-approved
licensed hospice agencies, Medicaid-approved home health agencies licensed to
provide hospice care, and other Medicaid-approved licensed health care
providers.

���� (d)� Nothing in this paragraph
shall be construed to result in the elimination or reduction of covered
benefits or services under the Medicaid program.

���� (e)� This paragraph shall not
affect a beneficiary's eligibility to receive, concurrently with services
provided for in this paragraph, any services, including home health services,
for which the beneficiary would have been eligible in the absence of this
paragraph, to the extent that services are not duplicative; and

���� (28)� (a) medically necessary
treatment for women with a diagnosis of perimenopause, menopause, and symptoms
associated with perimenopause and menopause, including but not limited to:

���� (i)� hormonal therapies such
as hormone replacement therapy and bioidentical hormone treatments;

���� (ii)� non-hormonal treatments,
including medications to manage menopausal symptoms;

���� (iii)� behavioral health care
services;

���� (iv)� pelvic floor physical
therapy;

���� (v)� bone health treatments,
including screenings and medications due to hormonal changes related to
perimenopause and menopause;

���� (vi)� preventative services
that have a rating of �A� or �B� in the current recommendations of the United
States Preventive Services Task Force for early detection and treatment of
health conditions related to perimenopause and menopause such as osteoporosis
and cancer; and

���� (vii)� counseling and
education regarding menopause management.

���� (b)� Individuals receiving
medical assistance shall be provided with clear and accessible information
regarding covered perimenopause and menopause related treatments.

���� (c)� As used in this
paragraph:

���� �Menopause� means the
permanent end of a female�s menstrual cycle, diagnosed by a licensed medical
provider after 12 consecutive months without a menstrual period.

���� �Perimenopause� means the
transitional period leading to menopause, marked by fluctuating hormone levels
and changes in menstrual cycles.

���� c.���� Payments for the
foregoing services, goods and supplies furnished pursuant to
[
this act
]

P.L.1968,
c.413 (C.30:4D-1 et seq.)
shall be made to the extent authorized by
[
this act
]

P.L.1968,
c.413 (C.30:4D-1 et seq.)
, the rules and regulations promulgated pursuant
thereto and, where applicable, subject to the agreement of insurance provided
for under
[
this
act
]

P.L.1968,
c.413 (C.30:4D-1 et seq.)
.� The payments shall constitute payment in full
to the provider on behalf of the recipient.� Every provider making a claim for
payment pursuant to
[
this
act
]

P.L.1968,
c.413 (C.30:4D-1 et seq.)
shall certify in writing on the claim submitted
that no additional amount will be charged to the recipient, the recipient's
family, the recipient's representative or others on the recipient's behalf for
the services, goods, and supplies furnished pursuant to
[
this act
]

P.L.1968,
c.413 (C.30:4D-1 et seq.)
.

���� No provider whose claim for
payment pursuant to
[
this
act
]

P.L.1968,
c.413 (C.30:4D-1 et seq.)
has been denied because the services, goods, or
supplies were determined to be medically unnecessary shall seek reimbursement
from the recipient, his family, his representative or others on his behalf for
such services, goods, and supplies provided pursuant to
[
this act
]

P.L.1968,
c.413 (C.30:4D-1 et seq.)
; provided, however, a provided may seek
reimbursement from a recipient for services, goods, or supplies not authorized
by
[
this
act
]

P.L.1968,
c.413 (C.30:4D-1 et seq.)
, if the recipient elected to receive the
services, goods or supplies with the knowledge that they were not authorized.

���� d.��� Any individual eligible
for medical assistance (including drugs) may obtain such assistance from any
person qualified to perform the service or services required (including an
organization which provides such services, or arranges for their availability on
a prepayment basis), who undertakes to provide the individual such services.

���� No copayment or other form of
cost-sharing shall be imposed on any individual eligible for medical
assistance, except as mandated by federal law as a condition of federal
financial participation.

���� e.���� Anything in
[
this act
]

P.L.1968,
c.413 (C.30:4D-1 et seq.)
to the contrary notwithstanding, no payments for
medical assistance shall be made under
[
this
act
]

P.L.1968,
c.413 (C.30:4D-1 et seq.)
with respect to care or services for any
individual who:

���� (1)�� Is an inmate of a public
institution (except as a patient in a medical institution); provided, however,
that an individual who is otherwise eligible may continue to receive services
for the month in which he becomes an inmate, should the commissioner determine
to expand the scope of Medicaid eligibility to include such an individual,
subject to the limitations imposed by federal law and regulations, or

���� (2)�� Has not attained 65
years of age and who is a patient in an institution for mental diseases, or

���� (3)�� Is over 21 years of age
and who is receiving inpatient psychiatric hospital services in a psychiatric
facility; provided, however, that an individual who was receiving such services
immediately prior to attaining age 21 may continue to receive such services
until the individual reaches age 22.� Nothing in this subsection shall prohibit
the commissioner from extending medical assistance to all eligible persons
receiving inpatient psychiatric services; provided that there is federal
financial participation available.

���� f.���� (1) A third party as
defined in section 3 of P.L.1968, c.413 (C.30:4D-3) shall not consider a
person's eligibility for Medicaid in this or another state when determining the
person's eligibility for enrollment or the provision of benefits by that third
party.

���� (2)�� In addition, any
provision in a contract of insurance, health benefits plan, or other health
care coverage document, will, trust, agreement, court order, or other
instrument which reduces or excludes coverage or payment for health
care-related goods and services to or for an individual because of that
individual's actual or potential eligibility for or receipt of Medicaid
benefits shall be null and void, and no payments shall be made under
[
this act
]

P.L.1979,
c.365 (C.30:4D-7.1 et al.)
as a result of any such provision.

���� (3)�� Notwithstanding any
provision of law to the contrary, the provisions of paragraph (2) of this
subsection shall not apply to a trust agreement that is established pursuant to
42 U.S.C. s.1396p(d)(4)(A) or (C) to supplement and augment assistance provided
by government entities to a person who is disabled as defined in section
1614(a)(3) of the federal Social Security Act (42 31 U.S.C. s.1382c (a)(3)).

���� g.��� The following services
shall be provided to eligible medically needy individuals as follows:

���� (1)�� Pregnant women shall be
provided prenatal care and delivery services and postpartum care, including the
services cited in subsections a.(1), (3), and (5) of this section and
subsections b.(1)-(10), (12), (15), and (17) of this section, and nursing
facility services cited in subsection b.(13) of this section.

���� (2)�� Dependent children shall
be provided with services cited in subsections a.(3) and (5) of this section
and subsections b.(1), (2), (3), (4), (5), (6), (7), (10), (12), (15), and (17)
of this section, and nursing facility services cited in subsection b.(13) of
this section.

���� (3)�� Individuals who are 65
years of age or older shall be provided with services cited in subsections
a.(3) and (5) of this section and subsections b.(1)-(5), (6) excluding
prescribed drugs, (7), (8), (10), (12), (15), and (17) of this section, and
nursing facility services cited in subsection b.(13) of this section.

���� (4)�� Individuals who are
blind or disabled shall be provided with services cited in subsections a.(3)
and (5) of this section and subsections b.(1)-(5), (6) excluding prescribed
drugs, (7), (8), (10), 3 (12), (15), and (17) of this section, and nursing
facility services cited in subsection b.(13) of this section.

���� (5)�� (a) Inpatient hospital
services, subsection a.(1) of this section, shall only be provided to eligible
medically needy individuals, other than pregnant women, if the federal
Department of Health and Human Services discontinues the State's waiver to
establish inpatient hospital reimbursement rates for the Medicare and Medicaid
programs under the authority of section 601(c)(3) of the Social Security Act
Amendments of 1983, Pub.L.98-21 (42 U.S.C. s.1395ww(c)(5)).� Inpatient hospital
services may be extended to other eligible medically needy individuals if the
federal Department of Health and Human Services directs that these services be
included.

���� (b)� Outpatient hospital
services, subsection a.(2) of this section, shall only be provided to eligible
medically needy individuals if the federal Department of Health and Human
Services discontinues the State's waiver to establish outpatient hospital reimbursement
rates for the Medicare and Medicaid programs under the authority of section
601(c)(3) of the Social Security Amendments of 1983, Pub.L.98-21 (42 U.S.C.
s.1395ww(c)(5)).� Outpatient hospital services may be extended to all or to
certain medically needy individuals if the federal Department of Health and
Human Services directs that these services be included.� However, the use of
outpatient hospital services shall be limited to clinic services and to
emergency room services for injuries and significant acute medical conditions.

���� (c)� The division shall
monitor the use of inpatient and outpatient hospital services by medically
needy persons.

���� h.��� In the case of a
qualified disabled and working individual pursuant to section h6408 of
Pub.L.101-239 (42 U.S.C. s.1396d), the only medical assistance provided under
this
[
act
]

section

shall be the payment of premiums for Medicare part A under 42 U.S.C. ss.1395i-2
and 1395r.

���� i.���� In the case of a
specified low-income Medicare beneficiary pursuant to 42 U.S.C.
s.1396a(a)10(E)iii, the only medical assistance provided under this
[
act
]

section

shall be the payment of premiums for Medicare part B under 42 U.S.C. s.1395r as
provided for in 42 U.S.C. s.1396d(p)(3)(A)(ii).

���� j.���� In the case of a
qualified individual pursuant to 42 U.S.C. s.1396a(aa), the only medical
assistance provided under this
[
act
]

section

shall be payment for authorized services provided during the period in which
the individual requires treatment for breast or cervical cancer, in accordance
with criteria established by the commissioner.

���� k.��� In the case of a
qualified individual pursuant to 42 U.S.C. s.1396a(ii), the only medical
assistance provided under this
[
act
]

section

shall be payment for family planning services and supplies as described at 42
U.S.C. s.1396d(a)(4)(C), including medical diagnosis and treatment services
that are provided pursuant to a family planning service in a family planning
setting.

(cf: P.L.2025, c.200, s.11)

���� 36.� Section 2 of P.L.2011,
c.114 (C.30:4D-8.2) is amended to read as follows:

���� 2.��� As used in
[
this act
]

P.L.2011,
c.114 (C.30:4D-8.1 et seq.)
:

���� "ACO" means an
accountable care organization.

���� "Behavioral health care
provider" means a provider licensed or approved by the Department of Human
Services to render services to New Jersey residents.

���� "Department" means
the Department of Human Services.

���� "Designated area"
means a municipality or defined geographic area in which no fewer than 5,000
Medicaid recipients reside.

���� "Disproportionate share
hospital" means a hospital designated by the Commissioner of Human
Services pursuant to Pub.L.89-87 (42 U.S.C. s.1396a et seq.) and Pub.L.102-234.

���� "Medicaid" means the
Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

���� "Medicaid ACO
Demonstration Project" or "demonstration project" means the
demonstration project established pursuant to
[
this
act
]

P.L.2011,
c.114 (C.30:4D-8.1 et seq.)
.

���� "Primary care
provider" includes the following licensed individuals:� physicians,
physician
[
assistants
]

associates
,
advanced practice nurses, and nurse midwives whose professional practice
involves the provision of primary care, including internal medicine, family
medicine, geriatric care, pediatric care, or obstetrical/gynecological care.

���� "Qualified behavioral
health care provider" means a behavioral health care provider who
participates in the Medicaid program and renders clinic-based and home-based
services to individuals residing in the designated area served by the Medicaid ACO.

���� "Qualified primary care
provider" means a primary care provider who participates in the Medicaid
program and who spends at least 25% of his professional time or 10 hours per
seven-day week, whichever is less, rendering clinical or clinical supervision
services at an office or clinic setting located within the designated area
served by a Medicaid ACO.

(cf: P.L.2011, c.114, s.2)

���� 37.� Section 3 of P.L.2003,
c.214 (C.30:9A-24) is amended to read as follows:

���� 3.��� a. Any teaching staff
member, who, as a result of information obtained in the course of the person's
employment, has reasonable cause to suspect or believe that a student has
attempted or completed suicide, shall promptly report such information to the division
in a form and manner prescribed by the division.

���� b.��� A nonpublic school is
encouraged to require any member of its professional staff, who, as a result of
information obtained in the course of the person's employment, has reasonable
cause to suspect or believe that a student has attempted or completed suicide,
to promptly report such information to the division in a form and manner
prescribed by the division.

���� As used in this subsection,
"nonpublic school" means an elementary or secondary school within the
State, other than a public school, offering education in grades K-12 or any
combination thereof, at which a child may legally fulfill compulsory school
attendance requirements.

���� c.���� Any licensed
psychologist, social worker, marriage and family therapist, professional
counselor, physician, physician
[
assistant
]

associate
,
alcohol and drug counselor, or registered nurse or licensed practical nurse
licensed in this State pursuant to Title 45 of the Revised Statutes, who, as a
result of information obtained in the course of the person's employment, has
reasonable cause to suspect or believe that a youth has attempted or completed
suicide, shall promptly report such information to the division in a form and
manner prescribed by the division.

���� d.��� Any public health
official, probation officer, employee of the Superior Court, Chancery Division,
Family Part, Certified Domestic Violence Specialist, or member of a
professional group identified by the council as having a likelihood to know
about suicide attempts and deaths, who, as a result of information obtained in
the course of the person's employment, has reasonable cause to suspect or
believe that a youth has attempted or completed suicide, is encouraged to
promptly report such information to the division in a form and manner
prescribed by the division.

���� e.���� The reporting form
established by the division shall not require the reporter to identify the
student or youth by name or other unique identifier, but may require that the
reporter supply non-identifying demographic information about the student or
youth, other attempts made by the student or youth and the response or referral
made to deal with the incident.

���� f.���� The reporting form
shall be submitted to a designated employee of the division with responsibility
for compiling data from the reports.� Information contained in the reports
shall not be considered a public record, but the division may aggregate the
data for the purpose of preparing an annual report pursuant to section 6 of
[
this act
]

P.L.2003,
c.214 (C.30:9A-22 et seq.)
.

���� g.��� The division shall offer
to provide persons who are required or encouraged to report an attempted or
completed suicide with current information about public and private assistance
available to survivors and families of attempted and completed suicides and
professionals who deal with suicide.

���� h.��� The reporting of an
attempted or completed suicide pursuant to this section shall not replace or
alter any other requirement of law or professional standard or obligation that
requires a person to evaluate a death or report an attempted or completed suicide.

���� i.���� Any person who reports
an attempted or completed suicide pursuant to
[
this
act
]

P.L.2003,
c.214 (C.30:9A-22 et seq.)
shall have immunity from any civil or criminal
liability on account of that report, unless the person has acted in bad faith
or with malicious purpose.

���� j.���� No provision of
[
this act
]

P.L.2003,
c.214 (C.30:9A-22 et seq.)
shall be deemed to require the disclosure of, or
penalize the failure to disclose, any information which would be privileged
pursuant to the provisions of sections 18 through 23, inclusive, of P.L.1960,
c.52 (C.2A:84A-18 through 2A:84A-23).

(cf: P.L.2003, c.214, s.3)

���� 38.� Section 1 of P.L.1949,
c.280 (C.39:4-204) is amended to read as follows:

���� 1.��� The phrase "person
with a disability" means:

���� a.���� any person who has lost
the use of one or more limbs as a consequence of paralysis, amputation, or
other permanent disability or who has a permanent disability as to be unable to
ambulate without the aid of an assisting device or whose mobility is otherwise
limited as certified by a physician with a plenary license to practice medicine
and surgery in this State or a bordering State; a podiatrist licensed to
practice in this State or a bordering state; a physician stationed at a
military or naval installation located in this State who is licensed to
practice in any state; a chiropractic physician licensed to practice in this
State or a bordering state; a physician
[
assistant
]

associate

licensed to practice in this State or a bordering state; or a nurse
practitioner licensed to practice in this State or a bordering state ; or

���� b.��� any citizen and resident
of this State honorably discharged or released under honorable circumstances
from active service in any branch of the Armed Forces of the United States who
is adjudicated by the United States Department of Veterans Affairs, or its
successor, as being permanently 100 percent disabled.

(cf: P.L.2017, c.166, s.1)

���� 39.� Section 2 of P.L.1949,
c.280 (C.39:4-205) is amended to read as follows:

���� 2.��� The Chief Administrator
of the New Jersey Motor Vehicle Commission shall issue, at the expense of the
State of New Jersey, person with a disability identification cards upon the
application of qualifying persons with disabilities and after an investigation
of the qualifying status of each applicant.� The card shall, amongst other
things, identify the persons with disabilities and the registration number of
the vehicle for which any wheelchair symbol license plates have been issued
under the provisions of section 3 of P.L.1949, c.280 (C.39:4-206) and shall
state that he is a person with a disability validly qualified to receive a
card, that the card is for the exclusive use of the person to whom it has been
duly issued, is nontransferable and will be forfeited if presented by any other
person, and that any abuse of any privilege, benefit, precedence, or
consideration granted to any person to whom the card may be issued will be
sufficient cause for revocation of the card, corresponding windshield placard
and wheelchair symbol license plates, and the same may be forfeited or revoked
accordingly, and in the absence of forfeiture or revocation the card shall be
valid until the last day of the 36th calendar month following the calendar
month in which that card was issued.

���� Every application for the
issuance or renewal of a person with a disability identification card shall
contain a statement signed by a physician, podiatrist, chiropractic physician,
physician
[
assistant
]

associate
,
or nurse practitioner licensed to practice in this State or a bordering state
or a physician stationed at a military or naval installation located in this
State who is licensed to practice in any state, certifying that the applicant's
stated disability qualifies the applicant to meet the definition of
"person with a disability" pursuant to section 1 of P.L.1949, c.280
(C.39:4-204).

���� A person who qualifies as a
veteran with a permanent disability pursuant to subsection b. of section 1 of
P.L.1949, c.280 (C.39:4-204) may submit, in lieu of a statement signed by a
certified medical professional, an application that contains a statement signed
by a representative of the United States Department of Veterans Affairs
certifying that the person is permanently 100 percent disabled.� A person who
qualifies as a veteran with a 100 percent disability shall not be required to
resubmit the statement issued by a representative of the United States
Department of Veteran Affairs if the Chief Administrator has previously scanned
and retained the statement, and the statement is legible and accessible at the
time of renewal.� The Chief Administrator may request an additional statement
if the Chief Administrator is advised that there has been a change in the
person's status as a veteran with a 100 percent disability.

���� In order to be approved, the
application for a person with a disability identification card shall be
submitted to the commission not more than 60 days following the date upon which
a physician, podiatrist, chiropractic physician, physician
[
assistant
]

associate
,
nurse practitioner, or representative of the United States Department of
Veterans Affairs certifies that the applicant meets the definition of
"person with a disability" pursuant to section 1 of P.L.1949, c.280
(C.39:4-204).� The application shall also include any additional information
pertinent to the certification which the chief administrator, in the chief
administrator's discretion, may require, including, but not limited to, the
National Provider Identifier or state-issued licensing number of the physician,
podiatrist, chiropractic physician, physician
[
assistant
]

associate
,
or nurse practitioner who certifies the applicant's eligibility for a person
with a disability identification card.

(cf: P.L.2023, c.40, s.1)

���� 40.� Section 3 of P.L.1949,
c.280 (C.39:4-206) is amended to read as follows:

���� 3.��� The chief administrator
shall issue to such applicant, also, a placard of such size and design as shall
be determined by the chief administrator in consultation with the Division of
Vocational Rehabilitation Services in the Department of Labor and Workforce
Development and the Division of Disability Services in the Department of Human
Services, indicating that a person with a disability identification card has
been issued to the person designated therein, which shall be displayed in such
manner as the chief administrator shall determine on the motor vehicle used to
transport the person with a disability, when the vehicle is parked overtime or
in special parking places established for use by persons with disabilities.� If
issued in conjunction with a person with a disability identification card
pursuant to section 2 of P.L.1949, c.280 (C.39:4-205), the placard issued
pursuant to this paragraph shall be valid until the last day of the 36th
calendar month following the calendar month in which such placard was issued.�
If the placard is issued following the date on which the chief administrator
issued the applicant a person with a disability identification card pursuant to
section 2 of P.L.1949, c.280 (C.39:4-205), then that placard shall be valid up
until the date on which the person with a disability identification card is
deemed invalid.� Any placard issued by the chief administrator shall display,
in a clearly visible manner, the date on which it shall become invalid.� The
placard may be renewed upon application in accordance with the requirements of
this chapter.

���� Any placard issued prior to
the effective date of P.L.2013, c.3 shall be deemed invalid on the last day of
the 36th calendar month following the calendar month in which such effective
date occurs. The chief administrator may recall any placard deemed invalid
pursuant to this section.

���� Notwithstanding any provision
of P.L.1949, c.280 (C.39:4-204 et seq.) to the contrary, the chief of police of
each municipality in this State shall issue a temporary placard of not more
than six months' duration to any person who has temporarily lost the use of one
or more limbs or has a temporary disability as to be unable to ambulate without
the aid of an assisting device or whose mobility is otherwise temporarily
limited, as certified by a physician with a plenary license to practice
medicine and surgery in this State or a bordering State; a podiatrist licensed
to practice in this State or a bordering state; a physician stationed at a
military or naval installation located in this State who is licensed to
practice in any state; a chiropractic physician licensed to practice in this
State or a bordering state; a physician
[
assistant
]

associate

licensed to practice in this State or a bordering state; or a nurse
practitioner licensed to practice in this State or a bordering state.� Each
temporary placard issued under the provisions of this section shall display, in
a clearly visible manner, the date on which it shall become invalid.

���� The temporary placard shall be
granted upon written certification by a physician with a plenary license to
practice medicine and surgery in this State or a bordering State; a podiatrist
licensed to practice in this State or a bordering state; a physician stationed
at a military or naval installation located in this State who is licensed to
practice in any state; a chiropractic physician licensed to practice in this
State or a bordering state, a physician
[
assistant
]

associate

licensed to practice in this State or a bordering state; or a nurse
practitioner licensed to practice in this State or a bordering state that the
person meets the conditions constituting temporary disability as provided in
this section.� This certification shall be provided on a standard form to be
developed by the chief administrator in consultation with local chiefs of
police and representatives of persons with disabilities.� The form shall
contain only those conditions constituting temporary disability as are provided
in this section.� The physical presence of the person with a disability shall
not be required for the issuance of a temporary placard.

���� The temporary placard may be
renewed one time at the discretion of the issuing authority for a period of not
more than six months' duration.� The placard shall be displayed on the motor
vehicle used by the person with a temporary disability and shall give the
person the right to park overtime or to use special parking places established
for use by persons with disabilities in any municipality of this State.

���� The fee for the issuance of a
temporary placard issued pursuant to this section shall be $4
[
.00
]
and payable
to the New Jersey Motor Vehicle Commission.� No fee shall be charged for the
issuance of a permanent placard issued pursuant to this section.

���� The chief administrator may,
in addition, issue license plates bearing the national wheelchair symbol for:

���� a.���� Not more than two motor
vehicles owned, operated or leased by a person with a disability or by any
person furnishing transportation on his behalf; or

���� b.��� Any two motorcycles
owned, operated or leased by a person with a disability.

(cf: P.L.2013, c.3, s.3)

���� 41.� Section 1 of P.L.2021,
c.17 (C.40:48J-1) is amended to read as follows:

���� 1.��� a. (1) The owner of
property used as a hospital or a satellite emergency care facility, which is
exempt from taxation pursuant to section 3 of P.L.2021, c.17 (C.54:4-3.6j),
shall annually be assessed a community service contribution to the municipality
in which the licensed beds of the hospital are located and, in the case of a
satellite emergency care facility, to the municipality in which such facility
is located.� These contributions shall be remitted directly to the
municipalities in which the contributions are assessed.

���� (2)�� If a hospital and
municipality have entered into a voluntary agreement prior to the enactment of
P.L.2021, c.17 (C.40:48J-1 et al.), the hospital shall be required to pay the
greater of the community service contribution required under paragraph (1) of subsection
b. of this section, or the amount agreed upon in a voluntary agreement for the
duration of the agreement between the municipality and the hospital.

���� (3)�� Nothing in this section
shall be construed to prohibit a municipality and a hospital from entering into
a voluntary agreement requiring additional payments by the hospital to the
municipality pursuant to this section.

���� b.��� (1) For tax year 2021,
the annual community service contribution required pursuant to this section
shall, for a hospital, be equal to $3 a day for each licensed bed at the
hospital in the prior tax year, and shall, for a satellite emergency care
facility, be equal to $300 for each day in the prior tax year.� For tax year
2022 and each tax year thereafter, the per day amount used to calculate an
annual community service contribution for a hospital and a satellite emergency
care facility shall increase by two percent over the prior tax year.� The
Commissioner of Health shall annually promulgate the per day amount to apply
for each tax year.� For the purposes of this subsection, the number of licensed
beds per hospital shall not be less than the number of such beds in existence
on January 1, 2020.

���� (2)�� An annual community
service contribution shall be reduced by an amount equal to the sum of any
payments remitted to the municipality in which the licensed beds of the
hospital or satellite emergency care facility, as the case may be, is located,
pursuant to a voluntary agreement operative in the prior tax year between the
owner and the municipality to compensate for any municipal services benefitting
the occupants and premises of the hospital or satellite emergency care
facility.

���� (3)�� An annual community
service contribution shall be payable in equal quarterly installments.� The
installments shall be payable on February 1, May 1, August 1, and November 1.

���� c.���� The obligation to remit
an annual community service contribution pursuant to this section is legal,
valid, and binding.� If a quarterly installment of an annual community service
contribution installment is not paid as and when due pursuant to subsection b.
of this section, the unpaid balance shall constitute a municipal lien on the
hospital or satellite emergency care facility property after 30 days, and shall
be enforced and collected in the same manner as unpaid property taxes.

���� d.��� A municipality that
receives an annual community service contribution installment pursuant to this
section, or a payment under a voluntary agreement that reduces the amount of
such contribution pursuant to paragraph (2) of subsection b. of this section, shall
forthwith, upon receipt, remit five percent of the installment or voluntary
payment, as the case may be, to the county in which the municipality is
located.

���� e.���� The Commissioner of
Health, in consultation with the New Jersey Health Care Facilities Financing
Authority in the Department of Health and the Director of the Division of Local
Government Services in the Department of Community Affairs, shall, by the first
day of the fourth month next following the enactment of P.L.2021, c.17
(C.40:48J-1 et al.), adopt regulations necessary to effectuate the provisions
of this section pursuant to the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et seq.).

���� f.���� Notwithstanding any
other provision of this section to the contrary, an owner of property used as a
hospital shall be exempt from remitting an annual community service
contribution for the hospital if the owner certifies to the Department of
Health that, in the prior year, the hospital did not bill any patient for
inpatient or outpatient professional or technical services rendered at the
hospital and the hospital has provided community benefit over the preceding
three years for which the hospital has filed such forms averaging at least 12
percent of the hospital's total expenses, as documented on IRS Form 990,
Schedule H, part 1, line 7K, column F.� The hospital shall file a copy of the
documentation as enumerated in this subsection with the municipal tax assessor
on or before December 1 of the pre-tax year.� Upon receipt of a copy of the
documentation, the tax assessor shall notify the hospital, on or before
December 31, that it is exempt from payment of the community service
contribution for the tax year commencing January 1.

���� g.��� As used in this section:

���� "Hospital" means a
general acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et
seq.), which maintains and operates organized facilities and services as
approved and licensed by the Department of Health for the diagnosis, treatment,
or care of persons suffering from acute illness, injury, or deformity and in
which all diagnosis, treatment, and care are administered by or performed under
the direction of persons licensed to practice medicine or osteopathy in the
State, and includes all land and buildings that are used in the delivery of
health care services by such hospital and its medical providers or that are
used for the management, maintenance, administration, support, and security of
such hospital and its medical providers.� "Hospital" shall not
include a hospital owned or operated by a federal, State, regional, or local
government entity, directly or as an instrumentality thereof.

���� "Licensed bed" means
one of the total number of acute care beds for which an acute care hospital is
approved for patient care by the Commissioner of Health, excluding skilled
nursing, psychiatric, sub-acute, and newborn beds, and further excluding any
acute care beds not commissioned for use.

���� "Medical provider"
means an individual or entity which, acting within the scope of a licensure or
certification, provides health care services, and includes, but is not limited
to, a physician, physician
[
assistant
]

associate
,
psychologist, pharmacist, dentist, nurse, nurse practitioner, social worker,
paramedic, respiratory care practitioner, medical or laboratory technician,
ambulance or emergency medical worker, orthotist or prosthetist, radiological
or other diagnostic service facility, bioanalytical laboratory, health care
facility, or other limited licensed health care professional, and further
includes administrative support staff of the individual or entity.

���� "Owner" means an
association or corporation organized as a nonprofit entity pursuant to Title 15
of the Revised Statutes or Title 15A of the New Jersey Statutes exclusively for
hospital purposes that owns a hospital.

���� "Satellite emergency care
facility" means a facility, which is owned and operated by a hospital, and
which provides emergency care and treatment for patients.

���� "Voluntary
agreement" means any payment in lieu of taxes agreement or other agreement
entered into between the owner of the property and the municipality for the
purpose of compensating the municipality for any municipal services the
municipality provides to the hospital.

(cf: P.L.2021, c.17, s.1)

���� 42.� Section 2 of P.L.1978,
c.73 (C.45:1-15) is amended to read as follows:

���� 2.��� The provisions of
[
this act
]

P.L.1978,
c.73 (C.45:1-14 et seq.)
shall apply to the following boards and all
professions or occupations regulated by, through or with the advice of those
boards:� the New Jersey State Board of Accountancy, the New Jersey State Board
of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the
Board of Examiners of Electrical Contractors, the New Jersey State Board of
Dentistry, the State Board of Mortuary Science of New Jersey, the State Board
of Professional Engineers and Land Surveyors, the State Board of Marriage and
Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey
Board of Nursing, the New Jersey State Board of Optometrists, the State Board
of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of
Pharmacy, the State Board of Professional Planners, the State Board of
Psychological Examiners, the State Board of Examiners of Master Plumbers, the
State Board of Court Reporting, the State Board of Veterinary Medical
Examiners, the State Board of Chiropractic Examiners, the State Board of
Respiratory Care, the State Real Estate Appraiser Board, the State Board of
Social Work Examiners, the State Board of Examiners of Heating, Ventilating,
Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and
Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy
Examiners, the State Board of Polysomnography, the Professional Counselor
Examiners Committee, the New Jersey Cemetery Board, the Orthotics and Prosthetics
Board of Examiners, the Occupational Therapy Advisory Council, the
Electrologists Advisory Committee, the Acupuncture Advisory Committee, the
Alcohol and Drug Counselor Committee, the Athletic Training Advisory Committee,
the Certified Psychoanalysts Advisory Committee, the Fire Alarm, Burglar Alarm,
and Locksmith Advisory Committee, the Home Inspection Advisory Committee, the
Interior Design Examination and Evaluation Committee, the Hearing Aid
Dispensers Examining Committee, the Perfusionists Advisory Committee, the
Physician
[
Assistant
]

Associate

Advisory Committee, the Audiology and Speech-Language Pathology Advisory
Committee, the New Jersey Board of Massage and Bodywork Therapy, the Genetic
Counseling Advisory Committee, the State Board of Dietetics and Nutrition, and
any other entity hereafter created under Title 45 to license or otherwise
regulate a profession or occupation.

(cf: P.L.2019, c.331, s.18)

���� 43.� Section 24 of P.L.2007,
c.244 (C.45:1-44) is amended to read as follows:

���� 24.� Definitions.� As used in
sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50):

���� "CDS registration"
means registration with the Division of Consumer Affairs to manufacture,
distribute, dispense, or conduct research with controlled dangerous substances
issued pursuant to section 11 of P.L.1970, c.226 (C.24:21-11).

���� "Certified medical
assistant" means a person who is a graduate of a post-secondary medical
assisting educational program accredited by the Commission on Allied Health
Education and Accreditation (CAHEA), or its successor, the Accrediting Bureau
of Health Education Schools (ABHES), or its successor, or any accrediting
agency recognized by the U.S. Department of Education, which educational
program includes, at a minimum, 330 clock hours of instruction, and encompasses
training in the administration of intramuscular and subcutaneous injections, as
well as instruction and demonstration in:� pertinent anatomy and physiology
appropriate to injection procedures; choice of equipment; proper technique,
including sterile technique; hazards and complications; and emergency
procedures; and who maintains current certification or registration, as
appropriate, from the Certifying Board of the American Association of Medical
Assistants (AAMA), the National Center for Competency Testing (NCCT), the
National Healthcareer Association (NHA), the American Medical Certification
Association (AMCA), the National Association for Health Professionals (NAHP),
the National Certification Medical Association (NCMA), the American Medical
Technologists (AMT), or any other recognized certifying body approved by the
State Board of Medical Examiners.

���� "Controlled dangerous
substance" means any substance that is listed in Schedules II, III, and IV
of the schedules provided under the "New Jersey Controlled Dangerous
Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.).� Controlled dangerous
substance also means any substance that is listed in Schedule V under the
"New Jersey Controlled Dangerous Substances Act" when the director
has determined that reporting Schedule V substances is required by federal law,
regulation, or funding eligibility.

���� "Dental resident"
means a person who practices dentistry as a resident pursuant to R.S.45:6-20
and, pursuant to N.J.A.C.13:30-1.3, is a graduate of a dental school approved
by the Commission on Dental Accreditation and has passed Part I and Part II of
the National Board Dental examination and obtained a resident permit from the
New Jersey Board of Dentistry.

���� "Director" means the
Director of the Division of Consumer Affairs in the Department of Law and
Public Safety.

���� "Division" means the
Division of Consumer Affairs in the Department of Law and Public Safety.

���� "Licensed athletic
trainer" means an individual who is licensed by the State Board of Medical
Examiners to practice athletic training, pursuant to the "Athletic
Training Licensure Act," P.L.1984, c.203 (C.45:9-37.35 et seq.).

���� "Licensed health care
professional" means a registered nurse, licensed practical nurse, advanced
practice nurse, physician
[
assistant
]

associate
,
or dental hygienist licensed pursuant to Title 45 of the Revised Statutes.

���� "Licensed
pharmacist" means a pharmacist licensed pursuant to P.L.2003, c.280
(C.45:14-40 et seq.).

���� "Medical resident"
means a graduate physician who is authorized to practice medicine and surgery
by means of a valid permit issued by the State Board of Medical Examiners to a
person authorized to engage in the practice of medicine and surgery while in
the second year or beyond of a graduate medical education program pursuant to
N.J.A.C.13:35-1.5.

���� "Medical scribe"
means an individual trained in medical documentation who assists a physician or
other licensed health care professional by documenting the patient's encounter
with the professional in the patient's medical record and gathering data for
the professional, including, but not limited to, nursing notes, patient medical
records, laboratory work, and radiology tests.

���� "Mental health
practitioner" means a clinical social worker, marriage and family
therapist, alcohol and drug counselor, professional counselor, psychologist, or
psychoanalyst licensed or otherwise authorized to practice pursuant to Title 45
of the Revised Statutes.

���� "Pharmacy permit
holder" means an individual or business entity that holds a permit to
operate a pharmacy practice site pursuant to P.L.2003, c.280 (C.45:14-40 et
seq.).

���� "Practitioner" means
an individual currently licensed, registered, or otherwise authorized by this
State or another state to prescribe drugs in the course of professional
practice.

���� "Registered dental
assistant" is a person who has fulfilled the requirements for registration
established by "The Dental Auxiliaries Act," P.L.1979, c.46
(C.45:6-48 et al.) and works under the direct supervision of a licensed
dentist.

���� "Ultimate user"
means a person who has obtained from a dispenser and possesses for the person's
own use, or for the use of a member of the person's household or an animal
owned by the person or by a member of the person's household, a controlled

dangerous substance.

(cf: P.L.2017, c.341, s.2)

���� 44.� Section 2 of P.L.2019,
c.339 (C.45:1-53.1) is amended to read as follows:

���� 2.��� a. Any pharmacist or
other health care professional who is charged with an offense in violation of
section 1 of P.L.2019, c.339 (C.2C:35-11.1) shall promptly notify the
applicable licensing board of the pending charge.� Failure to provide the
prompt notice required by this subsection shall be deemed grounds for
disciplinary action by the applicable licensing board.

���� b.��� Upon conviction of an
offense in violation of section 1 of P.L.2019, c.339 (C.2C:35-11.1)), the CDS
registration of the pharmacist or other health care professional shall be
revoked for a period of not less than five years and that professional's
certification or license shall be revoked by the applicable licensing board
based solely upon the fact of the conviction, for a period of time to be
determined by that board.

���� c.���� Pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
a licensing or certifying board, specified in section 2 of P.L.1978, c.73
(C.45:1-15), or other licensing or certifying authority that has jurisdiction
over health care professionals pursuant to Title 45 of the Revised Statutes,
may adopt rules and regulations to effectuate the provisions of P.L.2019, c.339
(C.2C:35-11.1 et al.).

���� d.��� As used in this section:

���� "CDS registration"
means registration with the Division of Consumer Affairs to manufacture,
distribute, dispense, or conduct research with controlled dangerous substances
issued pursuant to section 11 of P.L.1970, c.226 (C.24:21-11).

���� "Health care
professional" means a professional licensed pursuant to Title 45 of the
Revised Statutes to provide a health care service to a patient including, but
not limited to:� a licensed physician, advanced practice nurse, nurse,
pharmacist, psychologist, psychiatrist, psychoanalyst, clinical social worker,
physician
[
assistant
]

associate
,
professional counselor, dentist, orthotist, prosthetist, respiratory therapist,
speech pathologist, audiologist, optometrist, veterinarian, or any other health
care professional acting within the scope of a valid license or certification
issued pursuant to Title 45 of the Revised Statutes.

���� "Pharmacist" means a
pharmacist licensed pursuant to P.L.2003, c.280 (C.45:14-40 et seq.).

(cf: P.L.2019, c.339, s.2)

���� 45.� Section 3 of P.L.2017,
c.69 (C.45:1-58) is amended to read as follows:

���� 3.��� As used in
[
this act
]

P.L.2017,
c.69 (C.45:1-56 et seq.)
:

���� "Animal or veterinary
facility" means an animal or veterinary facility as defined in section 1
of P.L.1983, c.98 (C.45:16-1.1).

���� "Antineoplastic"
means inhibiting or preventing the growth and spread of tumors or malignant
cells.

���� "Hazardous drugs"
means drugs that exhibit one or more of the following characteristics in humans
or animals:� carcinogenicity; teratogenicity or other developmental toxicity;
reproductive toxicity; organ toxicity at low doses; genotoxicity; or structure
and toxicity profiles that mimic existing hazardous drugs.� This term includes,
but is not limited to, antineoplastic drugs.

���� "Health care
facility" means a general acute care hospital, satellite emergency
department, hospital-based off-site ambulatory care facility in which
ambulatory surgical procedures are performed, or ambulatory surgical facility
licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

���� "Health care
professional" means a physician, physician
[
assistant
]

associate
,
advanced practice nurse, registered nurse, licensed practical nurse,
pharmacist, or veterinarian licensed or certified pursuant to Title 45 of the
Revised Statutes.� "Health care professional" shall not include a
licensed dentist or dental hygienist.

���� "Pharmacy practice
site" means a pharmacy practice site licensed pursuant to P.L.2003, c.280
(C.45:14-40 et seq.).

���� "Stakeholder group"
means a group of stakeholders in the areas of health care and workplace safety,
which shall consist of:� a representative of the Rutgers Cancer Institute of
New Jersey; a representative of the New Jersey Hospital Association; a
representative of the New Jersey Veterinary Medical Association; a
representative of the Medical Society of New Jersey; a representative of the
New Jersey State Society of Physician Assistants; practicing physicians from
impacted specialties including, but not limited to, oncology; pharmacists;
practicing advanced practice nurses, registered nurses, and licensed practical
nurses, including at least one representative from the New Jersey Chapters of
the Oncology Nursing Society; three representatives from organized labor unions
representing health care personnel employed by health care professionals or
employed in health care facilities, pharmacy practice sites, or animal or
veterinary facilities, two of whom shall serve at the recommendation of the New
Jersey State AFL-CIO; and other interested stakeholders.

(cf: P.L.2017, c.69, s.3)

���� 46.� Section 1 of P.L.2017,
c.117 (C.45:1-61) is amended to read as follows:

���� 1.��� As used in P.L.2017,
c.117 (C.45:1-61 et al.):

���� "Asynchronous
store-and-forward" means the acquisition and transmission of images,
diagnostics, data, and medical information either to, or from, an originating
site or to, or from, the health care provider at a distant site, which allows
for the patient to be evaluated without being physically present.

���� "Cross-coverage service
provider" means a health care provider, acting within the scope of a valid
license or certification issued pursuant to Title 45 of the Revised Statutes,
who engages in a remote medical evaluation of a patient, without in-person
contact, at the request of another health care provider who has established a
proper provider-patient relationship with the patient.

���� "Distant site" means
a site at which a health care provider, acting within the scope of a valid
license or certification issued pursuant to Title 45 of the Revised Statutes,
is located while providing health care services by means of telemedicine or
telehealth.

���� "Health care
provider" means an individual who provides a health care service to a
patient, and includes, but is not limited to, a licensed physician, nurse,
nurse practitioner, psychologist, psychiatrist, psychoanalyst, clinical social
worker, physician
[
assistant
]

associate
,
professional counselor, respiratory therapist, speech pathologist, audiologist,
optometrist, or any other health care professional acting within the scope of a
valid license or certification issued pursuant to Title 45 of the Revised
Statutes.

���� "On-call provider"
means a licensed or certified health care provider who is available, where
necessary, to physically attend to the urgent and follow-up needs of a patient
for whom the provider has temporarily assumed responsibility, as designated by
the patient's primary care provider or other health care provider of record.

���� "Originating site"
means a site at which a patient is located at the time that health care
services are provided to the patient by means of telemedicine or telehealth.

���� "Telehealth" means
the use of information and communications technologies, including telephones,
remote patient monitoring devices, or other electronic means, to support
clinical health care, provider consultation, patient and professional health-related
education, public health, health administration, and other services in
accordance with the provisions of P.L.2017, c.117 (C.45:1-61 et al.).

���� "Telemedicine" means
the delivery of a health care service using electronic communications,
information technology, or other electronic or technological means to bridge
the gap between a health care provider who is located at a distant site and a
patient who is located at an originating site, either with or without the
assistance of an intervening health care provider, and in accordance with the
provisions of P.L.2017, c.117 (C.45:1-61 et al.).� "Telemedicine"
does not include the use, in isolation, of electronic mail, instant messaging,
phone text, or facsimile transmission.

���� "Telemedicine or
telehealth organization" means a corporation, sole proprietorship,
partnership, or limited liability company that is organized for the primary
purpose of administering services in the furtherance of telemedicine or
telehealth.

(cf: P.L.2021, c.310, s.3)

���� 47.� Section 3 of P.L.2020,
c.133 (C.45:1-69) is amended to read as follows:

���� 3.��� As used in
[
this act
]

P.L.2020,
c.133 (C.45:1-67 et seq.)
:

���� "Advertisement"
means any communication or statement that is directly controlled or
administered by a health care professional or a health care professional's
office personnel, whether printed, electronic or oral, that names the health
care professional in relation to his or her practice, profession, or
institution in which the individual is employed, volunteers or otherwise
provides health care services.� This includes business cards, letterhead,
patient brochures, e-mail, Internet, audio and video, and any other
communication or statement used in the course of business or where the health
care professional is utilizing a professional degree or license to influence
opinion or infer expertise in a health care topic.� "Advertisement"
does not include office building placards or exterior building signage.

���� "Health care
professional" means a person licensed, certified, registered or otherwise
authorized pursuant to Title 45 or Title 52 of the Revised Statutes, or by any
principal department of the Executive Branch of State government or any entity
within any department or any other entity hereafter created to license or
otherwise regulate a health care profession.� "Health care
professional" shall include, but shall not be limited to, health care
professionals regulated by the following entities:� the State Board of Medical
Examiners, the New Jersey Board of Nursing, the New Jersey State Board of
Dentistry, the New Jersey State Board of Optometrists, the Board of Pharmacy,
the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the
State Board of Physical Therapy Examiners, the Orthotics and Prosthetics Board
of Examiners, the State Board of Psychological Examiners, the State Board of
Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology
and Speech-Language Pathology Advisory Committee, the Occupational Therapy
Advisory Council and the Certified Psychoanalysts Advisory Committee.�
"Health care professional" for purposes of
[
this act
]

P.L.2020,
c.133 (C.45:1-57 et seq.)
does not include individuals licensed in
veterinarian medicine or health care professionals working in non-patient care
settings, and who do not have any direct patient care interactions.

���� "Hospital" means an
acute care general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et
seq.).

���� "Licensee" means a
health care professional with an active New Jersey license, certification,
registration, or other valid authorization.

���� "Long-term care
facility" means a nursing home, assisted living residence, comprehensive
personal care home, residential health care facility, or dementia care home
licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

���� "Professional
degree" means the academic degree conferred to a health care professional,
including, but not limited to, "medical doctor" (M.D.); "doctor
of osteopathy" (D.O.); "doctor of dental surgery" (D.D.S.); "doctor
of medicine in dentistry" (D.M.D.); "doctor of podiatric
medicine" (D.P.M.); "doctor of optometry" (O.D.); "doctor
of chiropractic" (D.C.); and "doctor of nursing" (D.N.).

���� "Professional
license" means the credential issued by the State to identify the
profession practiced by a health care professional, including, but not limited
to, "physician," "chiropractor," "advanced practice
nurse," "dentist," "optometrist,"
"psychologist," "physician
[
assistant
]

associate
,"
"acupuncturist," and "podiatrist."

(cf: P.L.2020, c.133, s.3)

���� 48.� Section 4 of P.L.2020,
c.133 (C.45:1-70) is amended to read as follows:

���� 4.��� a. An advertisement for
health care services that includes the name of a health care professional shall
identify the type of professional license and professional degree issued to the
health care professional and shall not contain deceptive or misleading
information, including, but not limited to, any affirmative communication or
representation that misstates, falsely describes, holds out, or falsely details
the health care professional's skills, training, expertise, education, public
or private board certification, or licensure.

���� b.��� When providing in-person
care, a health care professional shall communicate the professional licensure
and professional degree held by the professional in the following formats:

���� (1)�� a name tag or
embroidered identification to be worn during all patient encounters that is to
include at a minimum:

���� (a)�� the full name of the
health care professional; however, in a hospital, licensed ambulatory care
facility or behavioral health care facility, or long-term care facility and at
the discretion of facility administrators, either the health care professional's
full first name and last name or the full first name and first letter of the
last name;

���� (b)�� the professional license
and professional degree issued to the health care professional; and

���� (c)�� a recent photograph of
the health care professional if providing direct patient care at a hospital,
unless otherwise directed by hospital administrators; and

���� (2)�� a poster or other
signage, in font of a sufficient size, placed in a clear and conspicuous manner
at the office or offices where the health care professional provides health
care services to scheduled patients in an ambulatory setting, that states the
type of professional license and professional degree held by the health care
professional.� For purposes of this subsection, "office" does not
include in-patient hospital or emergency department patient care.� This
subsection shall not apply to telehealth or telemedicine services authorized
under P.L.2017, c.117 (C.45:1-61 et al.).

���� c.���� A medical doctor or
doctor of osteopathic medicine who supervises or participates in collaborative
practice agreements with non-physician health care professionals, including,
but not limited to, physician
[
assistants
]

associates

and advance practice nurses, who provide in-person patient care at the same
practice location shall be required to clearly and conspicuously post in each
office when a medical doctor or doctor of osteopathic medicine is present.� For
purposes of this subsection, "office" does not include in-patient
hospital or emergency department patient care.

���� d.��� A medical doctor or
doctor of osteopathic medicine shall not advertise or hold oneself out to the
public in any manner as being certified by a public or private board,
including, but not limited to, a multidisciplinary board, or as "board
certified" unless the board either:

���� (1)�� is a member of the
American Board of Medical Specialties (ABMS) or the American Osteopathic
Association (AOA); or

���� (2)�� is a non-ABMS or non-AOA
board that requires as prerequisites for issuing certification:

���� (a)�� successful completion of
a post-graduate training program approved by the Accreditation Council for
Graduate Medical Education (ACGME) or the AOA that provides complete training
in the specialty or subspecialty certified by the non-ABMS or non-AOA board;

���� (b)�� certification by an ABMS
or AOA board covering that training field that provides complete ACGME- or
AOA-accredited training in the specialty or subspecialty certified by the
non-ABMS or non-AOA board; and

���� (c)�� successful passage of
examination in the specialty or subspecialty certified by the non-ABMS or
non-AOA board.

���� Any advertisement for a
medical doctor or doctor of osteopathic medicine shall state the full name of
the certification board.

���� e.���� The Division of
Consumer Affairs in the Department of Law and Public Safety shall adopt rules
and regulations, in accordance with the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate
the provisions of subsections a. and b. of this section.

(cf: P.L.2020, c.133, s.4)

���� 49.� R.S.45:9-1 is amended to
read as follows:

���� 45:9-1.� The State Board of
Medical Examiners, hereinafter in this chapter designated as the
"board" shall consist of 21 members, one of whom shall be the
Commissioner of Health, or the commissioner's designee, three of whom shall be
public members and one an executive department designee as required pursuant to
section 2 of P.L.1971, c.60 (C.45:1-2.2), and 16 of whom shall be persons of
recognized professional ability and honor, and shall possess a license to
practice their respective professions in New Jersey, and all of whom shall be
appointed by the Governor in accordance with the provisions of section 2 of
P.L.1971, c.60 (C.45:1-2.2); provided, however, that said board shall consist
of 12 graduates of schools of medicine or osteopathic medicine who shall possess
the degree of M.D. or D.O.� The number of osteopathic physicians on the board
shall be a minimum of, but not limited to, two members.� In addition the
membership of said board shall comprise:� one podiatric physician who does not
possess a license to practice in any other health care profession regulated
under Title 45 of the Revised Statutes; one physician
[
assistant
]

associate
;
one certified nurse midwife; and one licensed bio-analytical laboratory
director, who may or may not be the holder of a degree of M.D.� The term of
office of members of the board hereafter appointed shall be three years or
until their successors are appointed.� A member is eligible for reappointment
for one additional term of office, but no member shall serve more than two
consecutive terms of office.� Said appointees shall, within 30 days after
receipt of their respective commissions, take and subscribe the oath or
affirmation prescribed by law and file the same in the office of the Secretary
of State.

(cf: P.L.2013, c.253, s.35)

���� 50.� R.S.45:9-21 is amended to
read as follows:

���� 45:9-21.� The prohibitory
provisions of this chapter shall not apply to the following:

���� a.���� A commissioned surgeon
or physician of the regular United States Army, Navy, or Marine hospital
service while so commissioned and actively engaged in the performance of his
official duties.� This exemption shall not apply to reserve officers of the
United States Army, Navy or Marine Corps, or to any officer of the National
Guard of any state or of the United States;

���� b.��� A lawfully qualified
physician or surgeon of another state taking charge temporarily, on written
permission of the board, of the practice of a lawfully qualified physician or
surgeon of this State during his absence from the State, upon written request to
the board for permission so to do.� Before such permission is granted by the
board and before any person may enter upon such practice he must submit proof
that he can fulfill the requirements demanded in the other sections of this
article relating to applicants for admission by examination or indorsement from
another state.� Such permission may be granted for a period of not less than
two weeks nor more than four months upon payment of a fee of $50.� The board in
its discretion may extend such permission for further periods of two weeks to
four months but not to exceed in the aggregate one year;

���� c.���� A physician or surgeon
of another state of the United States and duly authorized under the laws
thereof to practice medicine or surgery therein, if such practitioner does not
open an office or place for the practice of his profession in this State;

���� d.��� A person while actually
serving as a member of the resident medical staff of any legally incorporated
charitable or municipal hospital or asylum approved by the board.� Hereafter
such exemption of any such resident physician shall not apply with respect to
any individual after he shall have served as a resident physician for a total
period of five years;

���� e.���� The practice of
dentistry by any legally qualified and registered dentist;

���� f.���� The ministration to, or
treatment of, the sick or suffering by prayer or spiritual means, whether
gratuitously or for compensation, and without the use of any drug material
remedy;

���� g.��� The practice of
optometry by any legally qualified and registered optometrist;

���� h.��� The practice of
podiatric medicine by any legally licensed podiatrist;

���� i.���� The practice of
pharmacy by a legally licensed and registered pharmacist of this State, but
this exception shall not be extended to give to said licensed pharmacist the
right and authority to carry on the business of a dispensary, unless the
dispensary shall be in charge of a legally licensed and registered physician
and surgeon of this State;

���� j.���� A person claiming the
right to practice medicine and surgery in this State who has been practicing
therein since before July 4, 1890, if said right or title was obtained upon a
duly registered diploma, of which the holder and applicant was the lawful possessor,
issued by a legally chartered medical institution which, in the opinion of the
board, was in good standing at the time the diploma was issued;

���� k.��� A professional nurse, or
a registered physical therapist, masseur, while operating in each particular
case under the specific direction of a regularly licensed physician or
surgeon.� This exemption shall not apply to such assistants of persons who are
licensed as osteopaths, chiropractors, optometrists or other practitioners
holding limited licenses;

���� l.���� A person while giving
aid, assistance or relief in emergency or accident cases pending the arrival of
a regularly licensed physician, or surgeon or under the direction thereof;

���� m.�� The operation of a
bio-analytical laboratory by a licensed bio-analytical laboratory director, or
any person working under the direct and constant supervision of a licensed
bio-analytical laboratory director;

���� n.��� Any employee of a State
or county institution holding the degree of M.D. or D.O., regularly employed on
a salary basis on its medical staff or as a member of the teaching or
scientific staff of a State agency, may apply to the State Board of Medical
Examiners of New Jersey and may, in the discretion of said board, be granted
exemption from the provisions of this chapter; provided said employee continues
as a member of the medical staff of a State agency or county institution or of
the teaching or scientific staff of a State agency and does not conduct any
type of private medical practice;

���� o.��� The practice of
chiropractic by any legally licensed chiropractor; or

���� p.��� The practice of a
physician
[
assistant
]

associate

in compliance with the provisions of P.L.1991, c.378 (C.45:9-27.10 et al.).

(cf: P.L.2005, c.259, s.16)

���� 51.� Section 1 of P.L.1991,
c.378 (C.45:9-27.10) is amended to read as follows:

���� 1.�
[
This act
]

P.L.1991,
c.378 (C.45:9-27.10 et al.)
shall be known and may be cited as the
"Physician
[
Assistant
]

Associate

Licensing Act."

(cf: P.L.1991, c.378, s.1)

���� 52.� 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
]

P.L.1991,
c.378 (C.45:9-27.10 et al.)
:

���� "Accredited program"
means an education program for physician
[
assistants
]

associates

which is accredited by the Accreditation Review Commission on Education for the
Physician Assistant or its predecessor or successor agency.

���� "Board" means the
State Board of Medical Examiners created pursuant to R.S.45:9-1.

���� "Committee" means
the Physician
[
Assistant
]

Associate

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.

���� "Physician
[
assistant
]

associate
"
means a health professional who meets the qualifications under P.L.1991, c.378
(C.45:9-27.10
[
et
seq
]

et
al
.) 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)

���� 53.� Section 3 of P.L.1991,
c.378 (C.45:9-27.12) is amended to read as follows:

���� 3.��� a. (1) No person shall
practice as a physician
[
assistant
]

associate

or present, call or represent himself as a physician
[
assistant
]

associate

unless that person is licensed pursuant to section 4 of
[
this act
]

P.L.1991,
c.378 (45:9-27.13)
.�

���� (2)�� Nothing in
[
this act
]

P.L.1991,
c.378 (C.45:9-27.10 et al.)
shall be construed to limit, preclude, or
otherwise interfere with the practice of any person licensed by an appropriate
agency of the State of New Jersey, provided that such duties are consistent
with the accepted standards of the person's profession and the person does not
present himself as a physician
[
assistant
]

associate
.�

����
(3)�� Notwithstanding this
subsection, a person licensed as a physician assistant as of the effective of P.L.���
, c.��� (pending before this Legislature as this bill) may use the title or
designation �physician assistant� or �physician associate� and this subsection
shall not change any rights or privileges of a person licensed as a physician
assistant during the term of that person�s license.� Upon license renewal, a
person previously licensed as a physician assistant must be licensed as a
physician associate and shall thereafter use the title or designation of
�physician associate.�

���� b.��� No person shall assume,
represent himself as, or use the title or designation "physician assistant
,�
�physician associate,
"
[
or
]
"physician
assistant � certified
,� or �physician associate - certified
" or the
abbreviation
�PA,� or
"PA-C" or any other title or designation
which indicates or implies that he is a physician assistant
or physician

associate
unless that person is licensed pursuant to section 4 of
[
this act
]

P.L.1991,
c.378 (C.45:9-27.13)
.

����
c.���� As of the effective
date of P.L.��� , c.��� (pending before the Legislature as this bill), the
title of �physician assistant� in the State is changed to �physician
associate.�� This change is not intended to change any rights or privileges of
any individual licensed as a �physician assistant� as of the effective date of
P.L.��� , c.��� (pending before the Legislature as this bill), and where the
law says �physician associate,� it shall also mean �physician assistant.�

����
This name change shall not
alter, affect, or impact any billing, reimbursement, or payment policies
currently in place for physician assistants.� All billing practices, insurance
reimbursement policies, and agreements shall remain in place.� Nothing in P.L.���
, c.��� (pending before the Legislature as this bill) shall modify the scope of
practice or any other professional obligations currently

applicable to physician assistants.

(cf: P.L.1991, c.378, s.3)

���� 54.� Section 4 of P.L.1991,
c.378 (C.45:9-27.13) is amended to read as follows:

���� 4.��� a. The board shall issue
a license as a physician
[
assistant
]

associate

to an applicant who has fulfilled the following requirements:

���� (1)�� Is at least 18 years of
age;

���� (2)�� Is of good moral
character;

���� (3)�� Has successfully
completed an accredited program; and

���� (4)�� Has passed the national
certifying examination administered by the National Commission on Certification
of Physician Assistants, or its successor.

���� b.��� In addition to the
requirements of subsection a. of this section, an applicant for renewal of a
license as a physician
[
assistant
]

associate

shall:

���� (1)�� Execute and submit a
sworn statement made on a form provided by the board that neither the license
for which renewal is sought nor any similar license or other authority issued
by another jurisdiction has been revoked or suspended; and

���� (2)�� Present satisfactory
evidence that any continuing education requirements have been completed as
required by P.L.1991, c.378 (C.45:9-27.10 et seq.).

���� c.���� The board, in
consultation with the committee, may accept, in lieu of the requirements of
subsection a. of this section, proof that an applicant for licensure holds a
current license in a state which has standards substantially equivalent to
those of this State.

���� d.��� (Deleted by amendment,
P.L.2015, c.224)

���� e.���� A physician
[
assistant
]

associate

who notifies the board in writing on forms prescribed by the board may elect to
place the physician
[
assistant's
]

associate�s

license on inactive status.� A physician
[
assistant
]

associate

with an inactive license shall not be subject to the payment of renewal fees
and shall not practice as a physician
[
assistant
]

associate
.�
A licensee who engages in practice while the physician
[
assistant's
]

associate�s

license is lapsed or on inactive status shall be deemed to have engaged in
professional misconduct in violation of subsection e. of section 8 of P.L.1978,
c.73 (C.45:1-21) and shall be subject to disciplinary action by the committee
pursuant to P.L.1978, c.73 (C.45:1-14 et seq.).� A physician
[
assistant
]

associate

requesting restoration from an inactive status shall be required to pay the
current renewal fee and shall be required to meet the criteria for renewal as
specified by the board.

(cf: P.L.2015, c.224, s.2)

���� 55.� Section 11 of P.L.2015,
c.224 (C.45:9-27.13a) is amended to read as follows:

���� 11.� a. A physician
[
assistant
]

associate

who engages in clinical practice in this State is required to be covered by
medical malpractice liability insurance, or if such liability coverage is not
available, by a letter of credit.� The board shall establish by regulation the
minimum amount for medical malpractice liability insurance coverage or lines of
credit.

���� b.��� The physician
[
assistant
]

associate

shall include, on the physician
[
assistant's
]

associate�s

license renewal form, the name and address of the insurance carrier or the
institution issuing the letter of credit to the physician
[
assistant
]

associate
.

���� c.���� A physician
[
assistant
]

associate

who is in violation of this section is subject to disciplinary action and civil
penalties pursuant to sections 8, 9, and 12 of P.L.1978, c.73 (C.45:1-21 to 22
and 45:1-25).

���� d.��� The board shall notify
all licensed physician
[
assistants
]

associates

of the requirements of this section within 30 days of the date of enactment of
P.L.2015, c.224 (C.45:9-27.13a et al.).

(cf: P.L.2015, c.224, s.11)

���� 56.� Section 6 of P.L.1991,
c.378 (C.45:9-27.15) is amended to read as follows:

���� 6.��� a. A physician
[
assistant
]

associate

may practice in all medical care settings, including, but not limited to, a
physician's office, a health care facility, an institution, a veterans' home,
or a private home, provided that:

���� (1)�� the physician
[
assistant
]

associate

performs medical services within the physician
[
assistant's
]

associate�s

education, training, and experience under the supervision of a physician
pursuant to section 9 of P.L.1991, c.378 (C.45:9-27.18);

���� (2)�� the practice of the
physician
[
assistant
]

associate

is limited to those procedures enumerated under section 7 of P.L.1991, c.378
(C.45:9-27.16), and any other procedures that are delegated to the physician
[
assistant
]

associate

by the supervising physician, as authorized under subsection d. of section 7 of
P.L.1991, c.378 (C.45:9-27.16);

���� (3)�� (Deleted by amendment,
P.L.2015, c.224)

���� (4)�� the supervising
physician or physician
[
assistant
]

associate

advises the patient at the time that services are rendered that they are to be
performed by the physician
[
assistant
]

associate
;

���� (5)�� the physician
[
assistant
]

associate

conspicuously wears an identification tag using the term "physician
[
assistant
]

associate
"
or the designation, "PA-C" or "PA" whenever acting in that
capacity; and

���� (6)�� any entry by a physician

[
assistant
]

associate

in a clinical record is appropriately signed and followed by the designation,
"PA-C" or "PA."

���� b.��� Any physician
[
assistant
]

associate

who practices in violation of any of the conditions specified in subsection a.
of this section shall be deemed to have engaged in professional misconduct in
violation of subsection e. of section 8 of P.L.1978, c.73 (C.45:1-21).

(cf: P.L.2015, c.224, s.3)

���� 57.� Section 7 of P.L.1991,
c.378 (C.45:9-27.16) is amended to read as follows:

���� 7.��� a. A physician
[
assistant
]

associate

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
]

associate

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
]

associate

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.).

���� c.���� A physician
[
assistant
]

associate

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
]

associate

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
]

associate

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
]

associate

shall be limited to those customary to the supervising physician's specialty
and within the supervising physician's and the physician
[
assistant's
]

associate�s

competence and training.

���� e.���� Notwithstanding
subsection d. of this section, a physician
[
assistant
]

associate

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
]

associate

from performing a routine visual screening.

(cf: P.L.2019, c.153, s.45)

���� 58.� Section 8 of P.L.1991,
c.378 (C.45:9-27.17) is amended to read as follows:

���� 8.��� a. (Deleted by
amendment, P.L.2015, c.224)

���� b.��� Any physician who
permits a physician
[
assistant
]

associate

under the physician's supervision to practice contrary to the provisions of
P.L.1991, c.378 (C.45:9-27.10 et seq.) shall be deemed to have engaged in
professional misconduct in violation of subsection e. of section 8 of P.L.1978,
c.73 (C.45:1-21) and shall be subject to disciplinary action by the board
pursuant to P.L.1978, c.73 (C.45:1-14 et seq.);

���� c.���� In the performance of
all practice-related activities, including, but not limited to, the ordering of
diagnostic, therapeutic, and other medical services, a physician
[
assistant
]

associate

shall be conclusively presumed to be the agent of the physician under whose
supervision the physician
[
assistant
]

associate

is practicing.

���� d.��� A physician who
supervises a physician
[
assistant
]

associate

may maintain a written delegation agreement with the physician
[
assistant
]

associate
.�
A physician
[
assistant
]

associate

shall sign a separate written agreement with each physician who delegates
medical services in accordance with the provisions of subsection d. of section
7 of P.L.1991, c.378 (C.45:9-27.16).� However, a written delegation agreement
may be executed by a single-specialty physician practice, provided it is signed
by all of the delegating physicians supervising the physician
[
assistant
]

associate
.�
In the case of a multi-specialty physician practice, a written delegation
agreement may be executed for each physician specialty within the practice,
provided it is signed by all of the delegating physicians supervising the
physician
[
assistant
]

associate

in that specialty area.� Nothing in this section shall authorize the execution
of a global written delegation agreement between a physician
[
assistant
]

associate

and a multi-specialty physician practice.� The agreement shall:

���� (1)�� state that the physician
will exercise supervision over the physician
[
assistant
]

associate

in accordance with the provisions of P.L.1991, c.378 (C.45:9-27.10 et seq.) and
any rules adopted by the board;

���� (2)�� be signed and dated
annually by the physician and the physician
[
assistant
]

associate
,
and updated as necessary to reflect any changes in the practice or the
physician
[
assistant's
]

associate�s

role in the practice; and

���� (3)�� be kept on file at the
practice site, be provided to the Physician
[
Assistant
]

Associate

Advisory Committee, and be kept on file by the committee.

���� e.���� The delegation
agreement shall include, but need not be limited to, the following provisions:

���� (1)�� The physician
[
assistant's
]

associate�s

role in the practice, including any specific aspects of care that require prior
consultation with the supervising physician;

���� (2)�� A determination of
whether the supervising physician requires personal review of all charts and
records of patients and countersignature by the supervising physician of all
medical services performed under the delegation agreement, including
prescribing and administering medication as authorized under section 10 of
P.L.1991, c.378 (C.45:9-27.19).� This provision shall state the specified time
period in which a review and countersignature shall be completed by the
supervising physician.� If no review and countersignature is necessary, the
agreement must specifically state such provision; and

���� (3)�� The locations of
practice where the physician
[
assistant
]

associate

may practice under the delegation agreement, including licensed facilities in
which the physician authorizes the physician
[
assistant
]

associate

to provide medical services.

(cf: P.L.2015, c.224, s.5)

���� 59.� Section 9 of P.L.1991,
c.378 (C.45:9-27.18) is amended to read as follows:

���� 9.��� a. A physician
[
assistant
]

associate

shall be under the supervision of a physician at all times during which the
physician
[
assistant
]

associate

is working in an official capacity.

���� b.��� Supervision of a
physician
[
assistant
]

associate

shall be continuous but shall not be construed as necessarily requiring the
physical presence of the supervising physician, provided that the supervising
physician and physician
[
assistant
]

associate

maintain contact through electronic, or other means of, communication.

���� (1)�� (Deleted by amendment,
P.L.2015, c.224)

���� (2)�� (Deleted by amendment,
P.L.2015, c.224)

���� (3)�� (Deleted by amendment,
P.L.2015, c.224)

���� c.���� (Deleted by amendment,
P.L.2015, c.224)

���� (1)�� (Deleted by amendment,
P.L.2015, c.224)

���� (2)�� (Deleted by amendment,
P.L.2015, c.224)

���� (3)�� (Deleted by amendment,
P.L.2015, c.224)

���� d.��� (Deleted by amendment,
P.L.2015, c.224)

���� (1)�� (Deleted by amendment,
P.L.2015, c.224)

���� (2)�� (Deleted by amendment,
P.L.2015, c.224)

���� (3)�� (Deleted by amendment,
P.L.2015, c.224)

���� e.���� It is the obligation of
each supervising physician and physician
[
assistant
]

associate

to ensure that:� (1) the physician
[
assistant's
]

associate�s

scope of practice is identified; (2) delegation of medical tasks is appropriate
to the physician
[
assistant's
]

associate�s

level of competence; (3) the relationship of, and access to, the supervising
physician is defined; and (4) a process for evaluation of the physician
[
assistant's
]

associate�s

performance is established.

(cf: (P.L.2015, c.224, s.6)

���� 60.� Section 12 of P.L.2015,
c.224 (C.45:9-27.18a) is amended to read as follows:

���� 12.� a. A physician
[
assistant
]

associate

licensed in this State, or licensed or authorized to practice in any other
jurisdiction of the United States or credentialed as a physician
[
assistant
]

associate

by a federal employer, who is responding to a need for medical care created by
an emergency or a State or local disaster, excluding an emergency situation
that occurs in the place of the physician
[
assistant's
]

associate�s

employment, may render such care as the physician
[
assistant
]

associate

is able to provide without supervision, or with such supervision as is
available.

���� b.��� A physician who
supervises a physician
[
assistant
]

associate

providing medical care in response to an emergency or a State or local disaster
shall not be required to meet the requirements set forth for a supervising
physician in P.L.1991, c.378 (C.45:9-27.10 et seq.).

���� c.���� (1) A physician
[
assistant
]

associate

licensed in this State, or licensed or authorized to practice in any other
jurisdiction of the United States, who voluntarily and gratuitously, and other
than in the ordinary course of employment or practice, renders emergency
medical assistance, shall not be liable for civil damages for any personal
injury that results from an act or omission by the physician
[
assistant
]

associate

in rendering emergency care that may constitute ordinary negligence.�

���� (2)�� A physician who
supervises a physician
[
assistant
]

associate

voluntarily and gratuitously providing emergency care as described in this
subsection shall not be liable for civil damages for any personal injury that
results from an act or omission by the physician
[
assistant
]

associate

rendering emergency care.

���� d.��� The immunity granted
under subsection c. of this section shall not apply to an act or omission
constituting gross, willful, or wanton negligence or when the medical
assistance is rendered at a hospital, physician's office, or other health care
delivery entity where those services are normally rendered.

(cf: P.L.2015, c.224, s.12)

���� 61.� Section 10 of P.L.1991,
c.378 (C.45:9-27.19) is amended to read as follows:

���� 10.� A physician
[
assistant
]

associate

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
]

associate

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
]

associate

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
]

associate

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
]

associate

shall print on the order or prescription or the written instructions the
physician
[
assistant's
]

associate�s

Drug Enforcement Administration registration number.

���� e.���� The dispensing of
medication or a medical device by a physician
[
assistant
]

associate

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
]

associate

is rendering emergency medical assistance.

���� f.���� A physician
[
assistant
]

associate

may request, receive, and sign for prescription drug samples and may distribute
those samples to patients.

���� g.��� A physician
[
assistant
]

associate

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
]

associate

to issue written instructions to registered qualifying patients;

���� (2)�� the physician
[
assistant
]

associate

verifies the patient's status as a registered qualifying patient; and

���� (3)�� the physician
[
assistant
]

associate

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.).

(cf: P.L.2019, c.153, s.46)

���� 62.� Section 12 of P.L.2017,
c.341 (C.45:9-27.19b) is amended to read as follows:

���� 12.� a. Notwithstanding any
other provision of law to the contrary, a physician
[
assistant
]

associate

who is otherwise authorized to order, prescribe, and dispense controlled
dangerous substances pursuant to P.L.1991, c.378 (C.45:9-27.10 et seq.) may
dispense narcotic drugs for maintenance treatment or detoxification treatment
if the physician
[
assistant
]

associate

has met the training and registration requirements set forth in subsection (g)
of 21 U.S.C. s.823.� A physician
[
assistant
]

associate

who is authorized to dispense such drugs may do so regardless of whether the
physician
[
assistant's
]

associate�s

supervising physician has met the training and registration requirements set
forth in subsection (g) of 21 U.S.C. s.823, provided that the written
delegation agreement between the supervising physician and the physician
[
assistant
]

associate

executed pursuant to subsection d. of section 8 of P.L.1991, c.378
(C.45:9-27.17) included the supervising physician's written approval for the
physician
[
assistant
]

associate

to dispense the drugs.�

���� b.��� Notwithstanding any
other provision of law to the contrary, a physician
[
assistant
]

associate

under the direct supervision of a licensed physician may make the determination
as to the medical necessity for services for the treatment of substance use
disorder, as provided in P.L.2017, c.28 (C.17:48-6nn et al.), and may prescribe
such services.

(cf: P.L.2017, c.341, s.12)

���� 63.� Section 11 of P.L.1991,
c.378 (C.45:9-27.20) is amended to read as follows:

���� 11.� There is created within
the State Board of Medical Examiners, a Physician
[
Assistant
]

Associate

Advisory Committee.� The committee shall consist of five members who are
residents of this State, one of whom shall be a public member and one of whom
shall be a physician licensed pursuant to chapter 9 of Title 45 of the Revised
Statutes.� The remaining three members shall be, except for those first
appointed, physician
[
assistants
]

associates

licensed in accordance with the provisions of
[
this
act
]

P.L.1991,
c.378 (C.45:9-27.10 et al.)
.� The physician
[
assistant
]

associate

members first appointed to the committee need not be licensed in this State but
shall be physician
[
assistants
]

associates

certified by the National Commission on Certification of Physician Assistants
or
its successor
.�

���� The Governor shall appoint the
members of the committee for a term of three years, except that of the members
first appointed, two shall be appointed for a term of one year, two shall be
appointed for a term of two years and one shall be appointed for a term of
three years.� Each member shall serve until his successor has been qualified.�
Any vacancy in the membership of the committee shall be filled for the
unexpired term in the same manner as the original appointments were made.� No
member shall serve for more than two consecutive terms in addition to any
unexpired term to which he has been appointed.� The Governor may remove a
member of the committee for cause.�

���� Members of the committee shall
be compensated and reimbursed for actual expenses reasonably incurred in the
performance of their official duties in accordance with subsection a. of
section 2 of P.L.1977, c.285 (C.45:1-2.5).

(cf: P.L.1992, c.102, s.6)

���� 64.� Section 14 of P.L.1991,
c.378 (C.45:9-27.23) is amended to read as follows:

���� 14.� a. The committee may have
the following powers and duties, as delegated by the board:

���� (1)�� to evaluate and pass
upon the qualifications of candidates for licensure;

���� (2)�� to take disciplinary
action, in accordance with P.L.1978, c.73 (C.45:1-14 et seq.), against a
physician
[
assistant
]

associate

who violates any provision of
[
this
act
]

P.L.1991,
c.378 (C.45:9-27.10 et al.)
; and

���� (3)�� (Deleted by amendment,
P.L.2015, c.224)

���� (4)�� subject to the
requirements of section 16 of P.L.1991, c.378 (C.45:9-27.25), to adopt
standards for and approve continuing education programs.

���� b.��� In addition to the
powers and duties specified in subsection a. of this section, the committee may
make recommendations to the board regarding any subjects pertinent to this act
or to the practice of physician
[
assistants
]

associates
.

(cf: P.L.2015, c.224, s.9)

���� 65.� Section 16 of P.L.1991,
c.378 (C.45:9-27.25) is amended to read as follows:

���� 16.� a. The board, or the
committee if so delegated by the board, shall:

���� (1)�� approve only such
continuing professional education programs as are available to all physician
[
assistants
]

associates

in this State on a reasonable nondiscriminatory basis.� Programs may be held
within or without this State, but shall be held so as to enable physician
[
assistants
]

associates

in all areas of the State to attend;�

���� (2)�� establish standards for
continuing professional education programs, including the specific subject
matter and content of courses of study and the selection of instructors;�

���� (3)�� accredit educational
programs offering credits towards the continuing professional education
requirements; and�

���� (4)�� establish the number of
credits of continuing professional education required of each applicant for
license renewal.� Each credit shall represent or be equivalent to one hour of
actual course attendance, or in the case of those electing an alternative method
of satisfying the requirements of
[
this
act
]

P.L.1991,
c.378 (C.45:9-27.10 et al.)
, shall be approved by the board and certified
pursuant to procedures established for that purpose.�

���� b.��� The board may, at its
discretion:

���� (1)�� waive the requirements
of paragraph (2) of subsection b. of section 4 of
[
this act
]

P.L.1991,
c.378 (C.45:9-27.13)
for due cause; and�

���� (2)�� accredit courses with
non-hourly attendance, including home study courses, with appropriate
procedures for the issuance of credit upon satisfactory proof of the completion
of such courses.�

���� c.���� If any applicant for
renewal of registration completes a number of credit hours in excess of the
number established pursuant to paragraph (4) of subsection a. of this section,
the excess credit may, at the discretion of the board, be applicable to the continuing
education requirement for the following biennial renewal period but shall not
be applicable thereafter.

(cf: P.L.1992, c.102, s.11)

���� 66.� Section 20 of P.L.2017,
c.28 (C.45:9-27.25a) is amended to read as follows:

���� 20.� a. The State Board of
Medical Examiners shall require that the number of credits of continuing
medical education required of each person licensed as a physician
[
assistant
]

associate
,
as a condition of biennial renewal pursuant to section 4 of P.L.1991, c.378
(C.45:9-27.13), include one credit of educational programs or topics concerning
prescription opioid drugs, including responsible prescribing practices,
alternatives to opioids for managing and treating pain, and the risks and signs
of opioid abuse, addiction, and diversion.� The continuing medical education
requirement in this subsection shall be subject to the provisions of section 16
of P.L.1991, c.378 (C.45:9-27.25), including, but not limited to, the authority
of the board to waive the provisions of this section for a specific individual
if the board deems it is appropriate to do so.

���� b.��� The State Board of
Medical Examiners, pursuant to the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as
are necessary to effectuate the purposes of this section.

(cf: P.L.2017, c.28, s.20)

���� 67.� Section 9 of P.L.2019,
c.218 (C.45:9-27.25b) is amended to read as follows:

���� 9.��� a. The State Board of
Medical Examiners shall require that the number of credits of continuing
medical education required of each person licensed as a physician
[
assistant
]

associate
,
as a condition of biennial renewal pursuant to section 4 of P.L.1991, c.378
(C.45:9-27.13), include two credits of educational programs on topics related
to end-of-life care.� The continuing medical education requirement in this
subsection shall be subject to the provisions of section 16 of P.L.1991, c.378
(C.45:9-27.25), including, but not limited to, the authority of the board to
waive the provisions of this section for a specific individual if the board
deems it is appropriate to do so.

���� b.��� The State Board of
Medical Examiners, pursuant to the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as
are necessary to effectuate the purposes of this section.

(cf: P.L.2019, c.218, s.9)

���� 68.� Section 3 of P.L.2021,
c.79 (C.45:9-27.25c) is amended to read as follows:

���� 3.��� The State Board of
Medical Examiners shall require that the number of credits of continuing
medical education required of each person licensed as a physician
[
assistant
]

associate

who provides perinatal treatment and care to pregnant persons, as a condition
of biennial renewal pursuant to section 4 of P.L.1991, c.378 (C.45:9-27.13),
include one credit of educational programs or topics concerning explicit and
implicit bias, which educational programs and topics shall meet the
requirements for a training program set forth in subsection b. of section 1 of
P.L.2021, c.79 (C.26:2H-12.108).� The continuing medical education requirement
in this subsection shall be subject to the provisions of section 16 of
P.L.1991, c.378 (C.45:9-27.25).

(cf: P.L.2021, c.79, s.3)

���� 69.� Section 3 of P.L.1991,
c.31 (C.45:14E-3) is amended to read as follows:

���� 3.��� As used in this
[
act
]

chapter
:

���� a.���� "Board" means
the State Board of Respiratory Care established pursuant to section 4 of
P.L.1991, c.31 (C.45:14E-4).

���� b.��� "Director"
means the Director of the Division of Consumer Affairs in the Department of Law
and Public Safety.

���� c.���� "Respiratory
care" means the health specialty involving disease prevention, treatment,
management, control, and care for patients with deficiencies and abnormalities
of the cardiac and pulmonary system.� The care shall include the use of medical
gases, air and oxygen-administering apparatus, environmental control systems,
humidification and aerosols, drugs and medications, apparatus for
cardiopulmonary support and control, postural drainage, chest percussion and
vibration and breathing exercise, pulmonary rehabilitation, performance of
cardiopulmonary resuscitation, maintenance of natural and mechanical airways,
insertion and maintenance of artificial airways, and insertion and maintenance
of peripheral arterial and peripheral venous catheters.� The care shall also
include testing techniques to assist in diagnosis, monitoring, treatment, and
research, including but not necessarily limited to, the measurement of
cardiopulmonary volumes, pressure and flow, and the drawing and analyzing of
samples of arterial, capillary, and venous blood.� Respiratory care shall also
include:� educating patients and caregivers about respiratory care procedures
as part of a patient's disease management program; and providing professional
consultation services to health care, educational, and community organizations,
and State and local agencies.�

���� d.��� "Respiratory care
practitioner" means a person licensed by the board to practice respiratory
care under the direction or supervision of a licensed physician, physician
[
assistant
]

associate
,
or advanced practice nurse, and who may transcribe and implement written,
verbal, and protocol orders for respiratory care.

���� e.���� "Respiratory care
protocols" means policies and protocols developed by a licensed health
care facility through collaboration, when appropriate, with administrators,
physicians, registered nurses, physical therapists, respiratory care practitioners,
and other licensed health care practitioners.

���� f.���� "Respiratory care
education program" means a program of respiratory care education
accredited by the Commission on Accreditation for Respiratory Care (CoARC), or
its predecessor or successor organization.

(cf: P.L.2017, c.120, s.1)

���� 70.� Section 14 of P.L.2022,
c.65 (C.52:17B-71b) is amended to read as follows:

���� 14.� a. The applicant for an
initial law enforcement license or a probationary license shall have the burden
of demonstrating to the satisfaction of the commission that the applicant meets
all requirements for the issuance of a law enforcement license.� The requirements
for an initial license and a probationary license shall include, but not be
limited to, that an applicant:

���� (1)�� be at least 18 years of
age;

���� (2)�� be a citizen of the
United States, if required for the position for which licensure is sought;

���� (3)�� be at least a high
school graduate or have earned a General Educational Development (GED) diploma;

���� (4)�� be fingerprinted in
accordance with the standards established by the commission;

���� (5)�� have passed a medical
examination by a licensed physician, physician
[
assistant
]

associate
,
or licensed advanced practice registered nurse, based on specifications
established by the commission;

���� (6)�� have passed a
psychological examination by a licensed psychologist or psychiatrist based on
specifications established by the commission;

���� (7)�� be of good moral
character as determined by a background investigation conducted under the
procedures established by the commission and successfully pass a criminal
background records check in accordance with the Prison Rape Elimination Act
(PREA), 28 C.F.R. 115.317, if applicable;

���� (8)�� successfully meet and
complete all required basic physical and educational training courses as
required by the commission;

���� (9)�� successfully pass a drug
screening test as prescribed by the commission;

���� (10)� possess a valid driver's
license;

���� (11)� not have received a
dishonorable discharge from military service;

���� (12)� successfully complete
any probationary period prescribed by the commission;

���� (13)� not have been convicted
of any of the following:

���� (a)� a crime in this State or
any other state, territory, country, or of the United States, including a
conviction of an offense which if committed in this State would be deemed a
crime under either State or federal law without regard to its designation elsewhere;

���� (b)� an act of domestic
violence pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.);

���� (c)� an offense that would
preclude an applicant from carrying a firearm as defined by N.J.S.2C:39-1;

���� (d)� a disorderly persons
offense or petty disorderly persons offense involving dishonesty, fraud, or a
lack of good moral character, unless the commission determines the offense to
be de minimis in nature or inconsequential to the applicant's ability to meet
the standards expected of a law enforcement officer;

���� (e)� two or more motor vehicle
offenses for operating a motor vehicle while under the influence of drugs or
alcohol pursuant to R.S.39:4-50 or two or more motor vehicle offenses for
reckless driving pursuant to R.S.39:4-96; or

���� (f)� any offense listed in (b)
through (e) of this paragraph committed in violation of the laws of another
state, territory, country, or the United States;

���� (14)� not be the subject of or
had a domestic violence restraining order pursuant to P.L.1991, c.261
(C.2C:25-17 et seq.), an extreme risk protective order, or a temporary extreme
risk protective order pursuant to P.L.2018, c.35 (C.2C:58-20 et seq.) issued
against the applicant;

���� (15)� not be an active member
of a group or organization that advocates for, espouses, or promotes the
overthrow of a local, state, or federal government or discrimination or
violence against or hatred or bias toward individuals or groups based on race, creed,
color, national origin, ancestry, age, sex, marital status, sexual orientation,
gender identity or expression, or any other protected characteristic under the
"Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), or
knowingly engage in any activity, conduct, or behavior relating to such group
or organization with the intent to support, endorse or advocate for, or which
the applicant knows or should know will have the effect of supporting,
furthering, or advocating for, the goals of such group or organization, where
active membership or knowing engagement would undermine public confidence in
the ability of the individual law enforcement officer or the employing law
enforcement agency to carry out the public safety mission, or where active membership
or knowing engagement would cause substantial disruption to proper law
enforcement functioning;

���� (16)� not have engaged in
conduct or behavior in the applicant's personal or professional life,
including, but not limited to, making statements, posting, sharing, or
commenting in support of any posting, on social media or otherwise, that
demonstrates, espouses, advocates, or supports discrimination or violence
against, or hatred or bias toward, individuals or groups based on race, creed,
color, national origin, ancestry, age, sex, marital status, sexual orientation,
gender identity or expression, or any other protected characteristic under the
"Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.),
where the conduct or behavior would undermine public confidence in the ability
of the individual law enforcement officer or the employing law enforcement
agency to carry out the public safety mission, or where the conduct or behavior
would cause substantial disruption to proper law enforcement functioning;

���� (17)� provide to the
commission and the applicant's employing law enforcement unit a complete list
of all social media accounts maintained by the applicant and grant to the
commission and the applicant's employing law enforcement unit access to all
outwardly facing activity and publicly accessible components of the accounts;

���� (18)� not currently be listed
on the National Decertification Index as being decertified as a law enforcement
officer or having the license or certification as a law enforcement officer
revoked or denied;

���� (19)� pay or cause to be paid
any fees, if applicable, established by the commission; and

���� (20) �any other requirements
established by the commission.

���� b.��� The commission may waive
the requirements of subparagraphs (d) and (e) of paragraph (13) of subsection
a. of this section if the applicant demonstrates to the licensing committee's
satisfaction that:

���� (1)�� the applicant's
conviction or convictions occurred five or more years prior to submission of an
application for licensure as a law enforcement officer;

���� (2)�� the applicant has taken
rehabilitative steps since the applicant's conviction or convictions to become
a law-abiding citizen through actions, including but not limited to continuing
education, maintaining gainful employment, and having no further convictions;
and

���� (3)�� the applicant is
currently of good moral character and submits at least three letters of
recommendation from members of the applicant's community detailing the
applicant's good moral character.

���� c.���� An applicant for
licensure shall provide to the commission or the applicant's employing law
enforcement unit documented proof, in a form and manner as required by the
commission, that the applicant is in compliance with paragraphs (1) through
(20) of subsection a. of this section.� The commission shall promulgate in its
rules and regulations the form, manner, and substance of documents required by
the commission to provide sufficient proof of the qualifications required by
this section.� An application for initial licensure or license renewal of a
person employed as full-time sworn member of any State, county, or municipal
law enforcement agency or department, division or instrumentality of those
governments on the effective date of P.L.2022, c.65 (C.52:17B-71a et al.) shall
not be denied based solely on consideration of disciplinary actions based on
conduct occurring prior to the date of enactment of P.L.2022, c.65
(C.52:17B-71a et al.).

���� d.��� The commission shall
have the authority to issue a license for employment as a law enforcement
officer if an applicant satisfies all licensing requirements.� A license issued
pursuant to this section shall expire three years after its date of issuance, before
which time the law enforcement officer shall be required to apply for a license
renewal pursuant to section 17 of P.L.2022, c.65 (C.52:17B-71d).

���� e.���� Law enforcement
officers from jurisdictions outside of New Jersey and federal law enforcement
officers applying for licensure in this State shall be required to meet all of
the requirements set forth in this section and also shall be required to
complete a waiver form that allows the commission and any hiring law
enforcement unit to review the officer's internal affairs records from any and
all prior law enforcement positions.

���� f.���� A person appointed as a
permanent law enforcement officer prior to the effective date of P.L.2022, c.65
(C.52:17B-71a et al.) shall apply for a law enforcement license in accordance
with section 17 of P.L.2022, c.65 (C.52:17B-71d).� The commission shall devise
a process and schedule for submission of a law enforcement license application
for the officers.

���� g.��� At the discretion of the
commission, licenses issued pursuant to this section may serve as authorization
for a licensee to serve in one of the following positions, provided the
licensee meets the requisite qualifications for that status:� a full-time permanent
law enforcement officer; a Class One, Class Two, or Class Three special law
enforcement officer; or a probationary law enforcement officer.

���� h.��� In all situations where
a law enforcement officer has been convicted of an offense set forth in
subparagraph (a), (b), or (c) of paragraph (13) of subsection a. of this
section, the commission shall deny the issuance of a license to an applicant.

���� i.���� Any decision to deny a
license shall be accompanied by a written statement in a form to be prescribed
by the commission.

(cf: P.L.2022, c.65, s.14)

���� 71.� Section 3 of P.L.2021,
c.17 (C.54:4-3.6j) is amended to read as follows:

���� 3.��� a. Property, including
land and buildings, used as a hospital or a satellite emergency care facility,
which is owned by an association or corporation organized as a nonprofit entity
pursuant to Title 15 of the Revised Statutes or Title 15A of the New Jersey
Statutes exclusively for hospital purposes, shall be exempt from taxation,
provided that, except as provided in subsection b. of this section, if any
portion of the property is leased to a profit-making organization or otherwise
used for purposes which are not themselves exempt from taxation, that portion
shall be subject to taxation and the remaining portion only shall be exempt
from taxation.

���� b.��� If any portion of a
hospital or a satellite emergency care facility is leased to or otherwise used
by a profit-making medical provider for medical purposes related to the
delivery of health care services directly to the hospital, that portion shall
be exempt from taxation, provided that the portion of the hospital or satellite
emergency care facility is used exclusively for hospital purposes.

���� c.���� The owner of property
exempt from taxation pursuant to subsection a. of this section shall be
assessed an annual community service contribution pursuant to section 1 of
P.L.2021, c.17 (C.40:48J-1).

���� d.��� As used in this section:

���� "Hospital" means a
general acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et
seq.), which maintains and operates organized facilities and services as
approved and licensed by the Department of Health for the diagnosis, treatment,
or care of persons suffering from acute illness, injury, or deformity and in
which all diagnosis, treatment, and care are administered by or performed under
the direction of persons licensed to practice medicine or osteopathy in the
State, and includes all land and buildings that are used in the delivery of
health care services by such hospital and its medical providers or that are
used for the management, maintenance, administration, support, and security of
such hospital and its medical providers.� "Hospital" shall not
include a hospital owned or operated by a federal, State, regional, or local
government entity, directly or as an instrumentality thereof.

���� "Medical provider"
means an individual or entity which, acting within the scope of a licensure or
certification, provides health care services, and includes, but is not limited
to, a physician, physician
[
assistant
]

associate
,
psychologist, pharmacist, dentist, nurse, nurse practitioner, social worker,
paramedic, respiratory care practitioner, medical or laboratory technician,
ambulance or emergency medical worker, orthotist or prosthetist, radiological
or other diagnostic service facility, bioanalytical laboratory, health care
facility, or other limited licensed health care professional, and further
includes administrative support staff of the individual or entity.

���� "Satellite emergency care
facility" means a facility, which is owned and operated by a hospital, and
which provides emergency care and treatment for patients.

(cf: P.L.2021, c.17, s.3)

���� 72.� This act shall take
effect immediately.

STATEMENT

���� This bill replaces instances
of �physician assistant� and its variants in the statutory law of this State to
�physician associate� and makes certain technical changes.

���� In May 2021, the American
Academy of Physician Associates (AAPA), formerly the American Academy of
Physician Assistants, the national organization representing physician
associates voted to change the title of �physician assistant� to �physician
associate.�� The State�s statutory law has been changed to conform to the
AAPA�s usage of its preferred term.�

���� This bill makes additional
amendments to N.J.S.A.45:9-27.12 to clarify that this bill does not change any
rights or privileges, or the scope of practice, of a person licensed as a
physician assistant.� The bill also does not make any changes to billing, reimbursement,
or payment policies in effect for physician assistants.� Any person licensed as
a physician assistant as of the effective date of this bill may continue to use
the term �physician assistant� until the person seeks licensure renewal, at which
time, the person�s license shall be renewed with the designation of �physician
associate.�