Authorizes visiting advanced practice nurses who are not certified by endorsement in New Jersey to engage in the limited practice of prescribing medications and devices, if they have appropriate educational qualifications.

A5068

ASSEMBLY, No. 5068

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 14, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� Authorizes visiting advanced practice nurses who are
not certified by endorsement in New Jersey to engage in the limited practice of
prescribing medications and devices, if they have appropriate educational
qualifications.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning
the issuance of prescriptions by
visiting advanced practice nurses, and amending various sections of the
statutory law.

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

���� 1.��� Section 1 of P.L.1947,
c.262 (C.45:11-23) is amended to read as follows:

���� 1.��� As used in this
[
act
]

chapter
:

���� a.���� The words "the
board" mean the New Jersey Board of Nursing created by this
[
act
]

chapter
.

���� b.��� The practice of nursing
as a registered professional nurse is defined as diagnosing and treating human
responses to actual or potential physical and emotional health problems,
through such services as casefinding, health teaching, health counseling, and provision
of care supportive to or restorative of life and well-being, and executing
medical regimens as prescribed by a licensed or otherwise legally authorized
physician or dentist. Diagnosing in the context of nursing practice means the
identification of and discrimination between physical and psychosocial signs
and symptoms essential to effective execution and management of the nursing
regimen within the scope of practice of the registered professional nurse.�
Such diagnostic privilege is distinct from a medical diagnosis.� Treating means
selection and performance of those therapeutic measures essential to the
effective management and execution of the nursing regimen.� Human responses
means those signs, symptoms, and processes which denote the individual's health
need or reaction to an actual or potential health problem.

���� The practice of nursing as a
licensed practical nurse is defined as performing tasks and responsibilities
within the framework of casefinding; reinforcing the patient and family
teaching program through health teaching, health counseling and provision of
supportive and restorative care, under the direction of a registered nurse or
licensed or otherwise legally authorized physician or dentist.

���� The terms "nursing,"
"professional nursing," and "practical nursing" as used in
this
[
act
]

chapter

shall not be construed to include nursing by students enrolled in a school of
nursing accredited or approved by the board performed in the prescribed course
of study and training, nor nursing performed in hospitals, institutions and
agencies approved by the board for this purpose by graduates of such schools
pending the results of the first licensing examination scheduled by the board
following completion of a

course of study and training and
the attaining of age qualification for examination, or thereafter with the
approval of the board in the case of each individual pending results of
subsequent examinations; nor shall any of said terms be construed to include
nursing performed for a period not exceeding 12 months unless the board shall
approve a longer period, in hospitals, institutions or agencies by a nurse
legally qualified under the laws of another state or country, pending results
of an application for licensing under this
[
act
]

chapter
,
if such nurse does not represent or hold himself or herself out as a nurse
licensed to practice under this
[
act
]

chapter
;
nor shall any of said terms be construed to include the practice of nursing in
this State by any legally qualified nurse of another state whose engagement
made outside of this State requires such nurse to accompany and care for the
patient while in this State during the period of such engagement, not to exceed
six months in this State, if such nurse does not represent or hold himself or
herself out as a nurse licensed to practice in this State; nor shall any of
said terms be construed to include nursing performed by employees or officers
of the United States Government or any agency or service thereof while in the
discharge of his or her official duties; nor shall any of said terms be
construed to include services performed by nurses aides, attendants, orderlies
and ward helpers in hospitals, institutions and agencies or by technicians,
physiotherapists, or medical secretaries, and such duties performed by said
persons aforementioned shall not be subject to rules or regulations which the
board may prescribe concerning nursing; nor shall any of said terms be
construed to include first aid nursing assistance, or gratuitous care by
friends or members of the family of a sick or infirm person, or incidental care
of the sick by a person employed primarily as a domestic or housekeeper,
notwithstanding that the occasion for such employment may be sickness, if such
incidental care does not constitute professional nursing and such person does
not claim or purport to be a licensed nurse; nor shall any of said terms be
construed to include services rendered in accordance with the practice of the
religious tenets of any well-recognized church or denomination which subscribes
to the art of healing by prayer.� A person who is otherwise qualified shall not
be denied licensure as a professional nurse or practical nurse by reason of the
circumstances that such person is in religious life and has taken a vow of
poverty.

���� c.���� "Homemaker-home
health aide" means a person who is employed by a home care services agency
and who is performing delegated nursing regimens or nursing tasks delegated
through the authority of a duly licensed registered professional nurse.� No
homemaker-home health aide shall follow a delegated nursing regimen or perform
tasks which are delegated unless the homemaker-home health aide is under the
supervision of a duly licensed registered professional nurse provided by the
home care services agency that directly employs the homemaker-home health aide.�
"Home care services agency" means home health agencies, assisted
living residences, comprehensive personal care homes, assisted living programs
or alternate family care sponsor agencies licensed by the Department of Health
pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), nonprofit homemaker-home health
aide agencies, and health care service firms regulated by the Director of the
Division of Consumer Affairs in the Department of Law and Public Safety and the
Attorney General pursuant to P.L.1989, c.331 (C.34:8-43 et seq.) and P.L.1960,
c.39 (C.56:8-1 et seq.) respectively, which are engaged in the business of
procuring or offering to procure employment for homemaker-home health aides,
where a fee may be exacted, charged or received directly or indirectly for
procuring or offering to procure that employment.

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

���� e.���� "Collaborating
physician" means a person licensed to practice medicine and surgery
pursuant to chapter 9 of Title 45 of the Revised Statutes who agrees to work
with an advanced practice nurse.

����
f.���� �Visiting advanced
practice nurse� means a person who is not a resident of New Jersey, but who is
temporarily present in the State; who is licensed or certified as an advanced
practice nurse, or the substantial equivalent, by another state or jurisdiction
other than New Jersey; and who is not seeking full certification by
endorsement, pursuant to N.J.A.C.13:37-7.6, but who wishes to engage in the
limited practice of prescribing medications and devices in this State.�
�Visiting advanced practice nurse� does not include a non-resident who has
already been certified as an advanced practice nurse in this State through the
certification by endorsement process specified in N.J.A.C.13:37-7.6.

���� Nothing in this
[
act
]

chapter

shall confer the authority to a person licensed to practice nursing to practice
another health profession as currently defined in Title 45 of the Revised
Statutes.

(cf: P.L.2019, c.48, s.2)

���� 2.��� Section 2 of P.L.1947,
c.262 (C.45:11-24) is amended to read as follows:

���� 2.��� a.���� The board;
appointment; terms. In addition to the members appointed to represent the
interests of the public pursuant to P.L.1971, c.60 (C.45:1-2.1 et seq.), the
New Jersey Board of Nursing shall consist of 12 members, six of whom shall be
registered professional nurses, two of whom shall be licensed practical nurses,
two of whom shall be nurse educators, one of whom shall be an advanced practice
nurse, and one of whom shall be an additional public member, all to be
appointed by the Governor. Appointments to the board shall be for terms of five
years or for the unexpired portion of a term in the case of a vacancy for any
cause within a term, and until a successor shall be appointed and qualified.�
In making appointments the Governor shall give due consideration to, but shall
not be bound by, recommendations submitted by the various nurses' professional
associations of this State.� Upon notice and hearing, the Governor may remove
from office any member of the board for neglect of duty, incompetency, unprofessional
or dishonorable conduct.

���� b.��� Qualifications for
appointment.� The advanced practice nurse member shall be a resident of this
State, shall be a graduate of an accredited advanced practice nurse program,
shall have had at least five years' experience in professional nursing, shall
at the time of appointment be actively working as an advanced practice nurse,
and, except for the member first appointed, shall hold a certification as an
advanced practice nurse pursuant to P.L.1991, c.377

(C.45:11-45 et al.).� Each registered professional nurse member of the board
shall be a citizen of the United States and a resident of this State; shall be
a graduate of an accredited school of nursing within the United States; shall
be a registered nurse in this State; shall have had at least five years'
experience in professional nursing following graduation from an accredited
school of nursing; and shall at the time of appointment be actively engaged in
nursing or work relating thereto.� The licensed practical nurse members of the
board shall be citizens of the United States and residents of this State; shall
hold a valid license to practice practical nursing in this State; shall have
had at least three years' experience in practical nursing; and shall at the
time of appointment be actively engaged in practical nursing or work related
thereto.� Each nurse educator member of the board shall be a resident of this
State, shall be a registered nurse in this State, shall have at least five
years' experience in professional nursing, and shall have been active as an
educator or administrator in an approved program to train registered nurses.

���� c.���� Oath or affirmation of
office.� Within 30 days after receipt of the commission, each appointee shall
take, subscribe and file in the office of the Secretary of State the oath or
affirmation prescribed by law.

���� d.��� Duties and powers.���� The
board shall have the following duties and powers:� (1)� It shall hold annual
meetings and such other meetings as it may deem necessary at such times and
places as the board shall prescribe
,
and a majority of the board
including one officer shall constitute a quorum. (2) It shall elect from its
members and prescribe the duties of a president and secretary-treasurer, each
of whom shall serve for one year and until a successor is elected.� (3) It
shall appoint and prescribe the duties of an executive secretary to the board
who need not be a member thereof but who shall be a citizen of the United
States, a graduate of a college or university with a major in nursing
education, a registered nurse of this State with at least five years'
experience in teaching or administration or both in an accredited school of
professional nursing, or have equivalent qualifications as determined by the
board. The executive secretary shall hold office during the will and pleasure
of the board. (4) It shall employ and prescribe the duties of such persons as
in its judgment shall be necessary for the proper performance and execution of
the duties and powers of the board.� (5) It shall determine and pay reasonable
compensation and necessary expenses of the executive secretary and all
employees of the board. (6) It shall pay to each member of the board the
compensation hereinafter provided. (7) It shall have a common seal, keep an
official record of all its meetings, and through its secretary-treasurer report
annually to the Governor the work of the board. (8) It shall examine applicants
for a license or renewals thereof,
and
issue, renew, revoke and suspend
licenses, as hereinafter provided
; and it shall evaluate the credentials of,
and ensure the competency of, visiting advanced practice nurses who are seeking
to engage in the limited practice of prescribing medications and devices, as
provided by subsection h. of section 10 of P.L.1991, c.377 (C.45:11-49)
.
(9) It shall
,
in its discretion
,
investigate and prosecute all
violations of provisions of this
[
act
]

chapter
.
(10) It shall keep an official record which shall show the name, age, nativity
,

and permanent place of residence of each applicant and licensee
,
and
such further information concerning each applicant and licensee as the board
shall deem advisable.� The record shall show also whether the applicant was
examined, licensed or rejected under this and any prior act.� Copies of any of
the entries of the record or of any certificate issued by the board may be
authenticated by any member of the board under its seal
,
and
,

when so authenticated
,
shall be evidence in all courts of this State of
the same weight and force as the original thereof.� For authenticating a copy
of any entry or entries contained in its record the board shall be paid a fee
of $3.00, but such authentication, if made at the request of any public agency
of this or any other jurisdiction, may be without fee. (11) In its discretion
it may publish
,
at such times as it shall determine
,
a list of
nurses licensed under this
[
act
]

chapter
,
a list of schools of nursing accredited or approved under this
[
act
]

chapter
,
and such other information as it shall deem advisable. (12) It shall prescribe
standards and curricula for schools of nursing
,
and evaluate and approve
courses for affiliation. (13) It shall hear and determine applications for
accreditation of schools of professional nursing, conduct investigations before
and after accreditation of such schools and institutions with which they are
affiliated, and issue, suspend
,
or revoke certificates of accreditation
as hereinafter provided. (14) It shall approve schools of practical nursing
which shall conform to the standards, curricula, and requirements prescribed by
the board, and suspend or revoke approval for violations thereof; provided,
that this power shall not extend to schools operated by any board of education
in this State. (15) It may consult with the Medical Society of New Jersey and
the New Jersey Hospital Association with respect to any matter relating to the
administration of this
[
act
]

chapter,

and shall consult with those associations with respect to standards and
curricula and any change thereof for schools of nursing. (16) It shall issue
subpoenas for the attendance of witnesses and production of documents at any
hearing before the board authorized by this
[
act
]

chapter,

and any member of the board shall administer an oath or affirmation to persons
appearing to give testimony at such hearings. (17) It may conduct any
investigations, studies of nursing and nursing education and related matters,
and prepare and issue such publications as in the judgment of the board will
advance the profession of nursing and its service to the public. (18) It shall
perform all other functions which are provided in this
[
act
]

chapter

to be performed by it
,
or which
,
in the judgment of the board
,

are necessary or proper for the administration of this
[
act
]

chapter
.
(19) It shall from time to time prescribe rules and regulations not
inconsistent with this
[
act
]

chapter
.
(20) It shall prescribe standards and curricula for homemaker-home health aide
education and training programs which a homemaker-home health aide shall
complete in order to work in this State. (21) It shall review applications to
provide homemaker-home health aide training programs
,
and shall issue,
suspend
,
or revoke program approval. (22) It shall establish and
maintain a registry of all individuals who have successfully completed a
homemaker-home health aide training and competency evaluation program.� The
board shall provide for the inclusion in the registry of information about the
disqualification of any person from certification as a homemaker-home health
aide pursuant to sections 7 through 13 of P.L.1997, c.100 (C.45:11-24.3 through
24.9), including the specific documented findings constituting the basis for
that disqualification; except that the information shall indicate that the
person was convicted of a crime or disorderly persons offense as described in
section 7 of P.L.1997, c.100 (C.45:11-24.3), but shall not identify the
conviction or convictions which constitute the basis for the disqualification. (23)
It shall prescribe standards and requirements for a competency evaluation
program resulting in certification of the homemaker-home health aide, and the
renewal, revocation, and suspension of that certification. (24) It shall review
applications for homemaker home-health aide certification and shall issue,
suspend, revoke, or fail to renew certifications and conduct investigations
pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). (25) It shall
require that nursing school curricula include, and shall prescribe standards
for, the training of registered professional nurses in the supervision of, and
the delegation of nursing tasks to, unlicensed assistive personnel, and shall
further prescribe standards establishing the criteria for determining those
tasks which registered professional nurses may delegate to unlicensed assistive
personnel working under their supervision
,
and the type of supervision
required with respect to those personnel. (26) It shall prescribe standards and
requirements for unlicensed assistive personnel, including initial education
and continuing education and a competency evaluation program, which these
personnel shall satisfy in order to work in this State.� As used in this
paragraph and in paragraph (25) of this subsection, "unlicensed assistive
personnel" means any unlicensed or uncertified personnel employed by a
licensed health care facility that perform nursing tasks which do not require
the skill or judgment of a registered professional nurse and which are assigned
to them by, and carried out under the supervision of, a registered professional
nurse. (27) It may require licensees to meet continuing education requirements
as a condition of relicensure.

���� e.���� Compensation.���� Each
member of the board shall receive $15.00 per day for each day in which such
member is actually engaged in the discharge of duties and traveling and other
expenses necessarily incurred in the discharge of duties.

(cf: P.L.2017, c.125, s.1)

���� 3.��� Section 7 of P.L.1991,
c.377 (C.45:11-46) is amended to read as follows:

���� 7.��� a.�� (1)����
[
No
]

Except as
otherwise provided by section 10 of P.L.1991, c.377 (C.45:11-49), no
person
shall practice as an advanced practice nurse
,
or present, call or
represent himself as an advanced practice nurse
,
unless certified in
accordance with section 8 or 9 of P.L.1991, c.377 (C.45:11-47 or 45:11-48).

���� (2)��� Nothing in
[
this act
]

P.L.1991,
c.377 (C.45:11-45 et al.)
shall be construed to limit, preclude, or
otherwise interfere with the practices of other persons licensed by appropriate
agencies 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 represent himself as an advanced practice nurse.

���� b.���
[
No
]
��
Except
as otherwise provided by section 10 of P.L.1991, c.377 (C.45:11-49), no

person shall assume, represent himself as, or use the title or designation
advanced practice nurse or the abbreviation "A.P.N." or any other
title or designation which indicates or implies that he is an advanced practice
nurse unless certified pursuant to section 8 or 9 of P.L.1991, c.377
(C.45:11-47 or 45:11-48).

���� c.���� Whenever the titles or
designations "nurse practitioner," "clinical nurse
specialist" or "nurse practitioner/clinical nurse specialist"
occur or any reference is made thereto in any law, contract or document, the
same shall be deemed to mean or refer to the title or designation
"advanced practice nurse."

(cf: P.L.1999, c.85, s.5)

���� 4.��� Section 10 of P.L.1991,
c.377 (C.45:11-49) is amended to read as follows:

���� 10.��� a.�� In addition to all
other tasks which a registered professional nurse may, by law, perform, an
advanced practice nurse may manage preventive care services and diagnose and
manage deviations from wellness and long-term illnesses, consistent with the
needs of the patient and within the scope of practice of the advanced practice
nurse, by:

���� (1)�� initiating laboratory
and other diagnostic tests;

���� (2)�� prescribing or ordering
medications and devices, as authorized by subsections b. and c. of this
section; and

���� (3)�� prescribing or ordering
treatments, including referrals to other licensed health care professionals,
and performing specific procedures in accordance with the provisions of this
subsection.

����
Notwithstanding any other
law or regulation to the contrary, a visiting advanced practice nurse may
manage preventative care services and diagnose and manage deviations from
wellness and long-term illnesses, consistent with the needs of a patient in
this State, and within the scope of practice of the visiting advanced practice
nurse, by engaging in the limited practice of prescribing or ordering
medications and devices, as authorized by subsections b., c., and h. of this
section.�

���� b.��� An advanced practice
nurse
or visiting advanced practice nurse
may order medications and
devices in the inpatient setting, subject to the following conditions:

���� (1)�� the collaborating
physician and
the
advanced practice nurse
or visiting advanced
practice nurse, as the case may be,
shall address in the joint protocols
whether prior consultation with the collaborating physician is required to
initiate an order for a controlled dangerous substance;

���� (2)�� the order is written in
accordance with standing orders or joint protocols developed in agreement
between
[
a
]

the

collaborating physician and the advanced practice nurse
or visiting advanced
practice nurse, as the case may be
, or pursuant to the specific direction
of a physician;

���� (3)�� the advanced practice
nurse
or visiting advanced practice nurse
authorizes the order by
signing
and printing
the nurse's own name, printing the
[
name and
]

nurse�s

certification number
, if the nurse is an advanced practice nurse, or the
nurse�s identification number, if the nurse is a visiting advanced practice
nurse
, and printing the collaborating physician's name;

���� (4)�� the
collaborating

physician is present or readily available through electronic communications;

���� (5)�� the charts and records
of the patients treated by the advanced practice nurse
or visiting advanced
practice nurse
are reviewed by the collaborating physician and the
[
advanced
practice
]

nurse within the period of time specified by rule adopted by the Commissioner
of Health pursuant to section 13 of P.L.1991, c.377 (C.45:11-52);

���� (6)�� the joint protocols
developed by the collaborating physician and the advanced practice nurse
or
visiting advanced practice nurse
are reviewed, updated, and signed at least
annually by both parties; and

���� (7)�� the advanced practice
nurse
or visiting advanced practice nurse
has completed six contact
hours of continuing professional education in pharmacology related to
controlled substances, including pharmacologic therapy, addiction prevention
and management, and issues 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, in accordance with regulations adopted by the New Jersey Board of
Nursing.� The six contact hours shall be in addition to New Jersey Board of
Nursing pharmacology education requirements for advanced practice nurses
related to initial certification and recertification of an advanced practice
nurse as set forth in N.J.A.C.13:37-7.2.

���� c.���� An advanced practice
nurse
or visiting advanced practice nurse
may prescribe medications and
devices in all other medically appropriate settings, subject to the following
conditions:

���� (1)�� the collaborating
physician and
the
advanced practice nurse
or visiting advanced
practice nurse, as the case may be,
shall address in the joint protocols
whether prior consultation with the collaborating physician is required to
initiate a prescription for a controlled dangerous substance;

���� (2)�� the prescription is
written in accordance with standing orders or joint protocols developed in
agreement between
[
a
]

the

collaborating physician and the advanced practice nurse
or visiting advanced
practice nurse, as the case may be
, or pursuant to the specific direction
of a physician;

���� (3)�� the advanced practice
nurse
or visiting advanced practice nurse
writes the prescription on a
New Jersey Prescription Blank pursuant to P.L.2003, c.280 (C.45:14-40 et seq.),
signs
and prints
the nurse's own name
[
to
]

on
the
prescription
,
and prints the nurse's
[
name
and
]

certification number
, if the nurse is an advanced practice nurse, or the
nurse�s identification number, if the nurse is a visiting advanced practice
nurse
;�

���� (4)�� the prescription is
dated and includes the name of the patient and the name, address, and telephone
number of the collaborating physician;

���� (5)�� the
collaborating

physician is present or readily available through electronic communications;

���� (6)�� the charts and records
of the patients treated by the advanced practice nurse
or visiting advanced
practice nurse
are periodically reviewed by the collaborating physician and
the
[
advanced
practice
]

nurse;

���� (7)�� the joint protocols
developed by the collaborating physician and the advanced practice nurse
or
visiting advanced practice nurse
are reviewed, updated, and signed at least
annually by both parties; and

���� (8)�� the advanced practice
nurse
or visiting advanced practice nurse
has completed six contact
hours of continuing professional education in pharmacology related to
controlled substances, including pharmacologic therapy, addiction prevention
and management, and issues 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, in accordance with regulations adopted by the New Jersey Board of
Nursing.� The six contact hours shall be in addition to New Jersey Board of
Nursing pharmacology education requirements for advanced practice nurses
related to initial certification and recertification of an advanced practice
nurse as set forth in N.J.A.C.13:37-7.2.

���� d.��� The joint protocols
employed pursuant to subsections b. and c. of this section shall conform with
standards adopted by the Director of the Division of Consumer Affairs pursuant
to section 12 of P.L.1991, c.377 (C.45:11-51) or section 10 of P.L.1999, c.85
(C.45:11-49.2), as applicable.

���� e.���� (Deleted by amendment,
P.L.2004, c.122.)

���� f.���� An attending advanced
practice nurse may determine and certify the cause of death of the nurse's
patient and execute the death certification pursuant to R.S.26:6-8 if no
collaborating physician is available to do so and the nurse is the patient's
primary caregiver.

���� g.��� An advanced practice
nurse may authorize qualifying patients for the medical use of cannabis and
issue written instructions for medical cannabis to registered qualifying
patients, subject to the following conditions:

���� (1)�� the collaborating
physician and advanced practice nurse shall address in the joint protocols
whether prior consultation with the collaborating physician is required to
authorize a qualifying patient for the medical use of cannabis or issue written
instructions for medical cannabis;

���� (2)�� the authorization for
the medical use of cannabis or issuance of written instructions for cannabis is
in accordance with standing orders or joint protocols developed in agreement
between a collaborating physician and the advanced practice nurse, or pursuant
to the specific direction of a physician;

���� (3)�� the advanced practice
nurse signs the nurse's own name to the authorization or written instruction
and prints the nurse's name and certification number;

���� (4)�� the authorization or
written instruction is dated and includes the name of the qualifying patient
and the name, address, and telephone number of the collaborating physician;

���� (5)�� the physician is present
or readily available through electronic communications;

���� (6)�� the charts and records
of qualifying patients treated by the advanced practice nurse are periodically
reviewed by the collaborating physician and the advanced practice nurse;

���� (7)�� the joint protocols
developed by the collaborating physician and the advanced practice nurse are
reviewed, updated, and signed at least annually by both parties; and

���� (8)�� the advanced practice
nurse complies with the requirements for authorizing qualifying patients for
the medical use of cannabis and for issuing written instructions for medical
cannabis established pursuant to P.L.2009, c.307 (C.24:6I-1 et al.).

����
h.��� (1)���� A visiting
advanced practice nurse shall provide written notice to the board at least 10
days before engaging in the prescription of medications or devices in this
State pursuant to this section.� Such written notice shall indicate the
educational qualifications of the visiting advanced practice nurse, the
licenses or certifications that are held by the visiting advanced practice
nurse, the states or other jurisdictions in which those licenses or
certifications were issued, the training requirements that were satisfied for
the purposes of obtaining those licenses or certifications, the proposed
timeframe during which the visiting advanced practice nurse will be prescribing
medications and devices in this State, and any other information that may be
required by board regulation.

����
(2)�� Within seven days
after receipt of notice under paragraph (1) of this subsection, the board shall
evaluate the visiting advanced practice nurse�s credentials, as specified in
the notice, and shall determine whether the nurse is appropriately qualified to
engage in the prescription of medications and devices, as provided by this
section.� If the board determines that the visiting advanced practice nurse is
so qualified, the board shall notify the nurse, in writing, of that
determination and issue a visiting nurse identification number, which shall be
printed on all prescriptions that are issued by the nurse in the State.� If the
board has reason to believe that the visiting advanced practice nurse is not
properly authorized by the nurse�s out-of-State license or certification to
engage in the limited practice of prescribing medications or devices, or that
the education or training required for the nurse�s out-of-State license or
certification was not substantially equivalent to the education or training that
is required for the certification of advanced practice nurses in this State,
the board shall issue an order, in accordance with the provisions of paragraph
(3) of this subsection, restricting the prescription of medications and devices
in this State by the visiting advanced practice nurse.�

����
(3)�� As deemed by the
board to be appropriate, an order issued pursuant to this subsection may: (a)
fully prohibit the visiting advanced practice nurse from prescribing
medications or devices in this State, despite the provisions of this section to
the contrary; (b) require the visiting advanced practice nurse, before engaging
in the prescription of medications or devices in this State, to submit to a
skills assessment and, if necessary, to successfully complete appropriate
educational training, within the timeframe specified by the board; or (c)
provide for the conditional supervision, monitoring, or other limitation of the
visiting advanced practice nurse�s prescribing practices in this State.

����
(4)�� A visiting advanced
practice nurse who is subject to an order issued pursuant to paragraph (3) of
this subsection may submit to the board, within 20 days after receipt of the
order, a written request for a hearing on the matter, in accordance with the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.).

����
(5)�� A visiting advanced
practice nurse who fails to provide notice to the board, as required by this
subsection, before engaging in the prescription of medications or devices in
this State, or who prescribes medications or devices in violation of the
provisions of an order issued pursuant to paragraph (3) of this subsection,
shall be deemed to be engaged in the unauthorized practice of nursing in this
State, and shall be subject to a civil penalty pursuant to section 12 of
P.L.1978, c.73 (C.45:1-25).

(cf: P.L.2019, c.153, s.47)

���� 5.��� Section 10 of P.L.1999,
c.85 (C.45:11-49.2) is amended to read as follows:

���� 10.���
a.
�� No later
than the 180th day after the enactment of P.L.1999, c.85, the Director of the
Division of Consumer Affairs in the Department of Law and Public Safety shall
adopt standards for the joint protocols required by subsection d. of section 10
of P.L.1991, c.377 (C.45:11-49), which shall apply to the ordering or
prescription of controlled dangerous substances by an advanced practice nurse
pursuant to that section.�

����
b.��� No later than the
180th day after the enactment of P.L.��� ,

c.��� (pending before the Legislature as this bill), the Director of the
Division of Consumer Affairs in the Department of Law and Public Safety shall
adopt standards for the joint protocols required by subsection d. of section 10
of P.L.1991, c.377 (C.45:11-49), which shall apply to the ordering or
prescription of controlled dangerous substances by a visiting advanced practice
nurse pursuant to that section.� As deemed appropriate, such standards may be
the same as those that are applicable to advanced practice nurses under
subsection a. of this section.
�

����
c.
���� The standards
described
in this section
shall be adopted by regulation in accordance with the
"Administrative Procedure Act,"

P.L.1968, c.410 (C.52:14B-1 et
seq.).

(cf: P.L.1999, c.85, s.10)

���� 6.��� Section 11 of P.L.1991,
c.377 (C.45:11-50) is amended to read as follows:

���� 11.� In addition to such other
powers as it may by law possess, the New Jersey Board of Nursing shall have the
following powers and duties;�

���� a.���� To promulgate, pursuant
to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.), rules and regulations to effectuate the purposes of
[
this act
]

P.L.1991,
c.377 (C.45:11-45 et al.)
, except for those subjects of rule-making
authority allocated to the Director of the Division of Consumer Affairs
pursuant to section 12 of P.L.1991, c.377 (C.45:11-51) or to the Commissioner
of Health
[
and
Senior Services
]

pursuant to section 13 of P.L.1991, c.377 (C.45:11-52);

���� b.��� To evaluate and pass
upon the qualifications of candidates for certification as advanced practice
nurses
, and, as provided by subsection h. of section 10 of P.L.1991, c.377
(C.45:11-49), to review and pass upon the prescribing qualifications of
visiting advanced practice nurses
;

���� c.���� To evaluate and pass
upon national accreditation organizations and the holders of certificates from
those organizations as necessary to award certificates pursuant to section 9 of
P.L.1991, c.377 (C.45:11-48);

���� d.��� To establish specialty
areas of practice for advanced practice nurses;

���� e.���� To take disciplinary
action, in accordance with P.L.1978, c.73 (C.45:1-14 et seq.) against an
advanced practice nurse who violates the provisions of
[
this act
]

P.L.1991,
c.377 (C.45:11-45 et al.)
, any regulation promulgated thereunder, or
P.L.1978, c.73 (C.45:1-14 et seq.)
, or against a visiting advanced practice
nurse who violates the provisions of subsection h. of section 10 of P.L.1991,
c.377 (C.45:11-49), or the provisions of any order issued by the board pursuant
thereto
;

���� f.���� To approve the
examination to be taken by candidates for certification;

���� g.��� To set standards of
professional conduct for advanced practice nurses
and visiting advanced
practice nurses
;

���� h.��� To set fees for
examinations, certification and other services consistent with section 2 of
P.L.1974, c.46 (C.45:1-3.2);

���� i.���� To set standards for
and approve continuing education programs; and

���� j.���� To determine
, in
relation to the certification of an advanced practice nurse, or the
qualification of a visiting advanced practice nurse,
whether the
requirements of another state
[
with
respect to certification as an advanced practice nurse
]

or
jurisdiction
are substantially equivalent to those of this State
[
in accordance
with
]

,
as provided by
subsection c. of section 8 of P.L.1991, c.377 (C.45:11-47)
,
or by subsection h. of section 10 of P.L.1991, c.377 (C.45:11-49), as
appropriate
.

(cf: P.L.1999, c.85, s.8)

���� 7.��� Section 13 of P.L.1991,
c.377 (C.45:11-52) is amended to read as follows:

���� 13.� The Commissioner of
Health
[
and
Senior Services
]

shall, by rule adopted in accordance with the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establish the periods of time
within which the charts and records of the patients treated by
[
the
]

an

advanced practice nurse
or a visiting advanced practice nurse
in an
inpatient setting shall be reviewed by the advanced practice nurse
or
visiting advanced practice nurse, as the case may be,
and the collaborating
physician, as required by paragraph (5) of subsection b. of section 10 of P.L.1991,
c.377 (C.45:11-49).

(cf: P.L.1999, c.85, s.9)

���� 8.��� Except as otherwise
provided by sections 5 and 7 of this act, the Board of Nursing shall adopt
rules and regulations, pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to
implement the provisions of this act.

���� 9.��� This act shall take
effect immediately.

STATEMENT

���� This bill would authorize
certain visiting advanced practice nurses to engage in the limited practice of
prescribing medications and devices to patients in this State, so long as the
visiting nurses are deemed to be appropriately qualified to engage in prescribing
activities.�

���� Under the bill�s provisions, a
�visiting advanced practice nurse� is defined to mean a person who is not a
resident of New Jersey, but who is temporarily present in the State; who is
licensed or certified as an advanced practice nurse, or the substantial
equivalent, by another state or jurisdiction other than New Jersey; and who is
not seeking full certification by endorsement, pursuant to N.J.A.C.13:37-7.6,
but who wishes to engage only in the limited practice of prescribing
medications and devices in this State.� �Visiting advanced practice nurse� would
not include a non-resident who has already been certified as an advanced
practice nurse in this State through the certification by endorsement process
specified in N.J.A.C.13:37-7.6.

���� In order to ensure that a
visiting advanced practice nurse has the appropriate qualifications to engage
in the limited practice of prescribing drugs and devices, the bill would
require each visiting advanced practice nurse to provide written notice to the
Board of Nursing at least 10 days before engaging in the prescription of drugs
or devices in this State.� Such written notice would need to indicate the
educational qualifications of the visiting advanced practice nurse, the
licenses or certifications that are held by the visiting advanced practice
nurse, the states or other jurisdictions in which those licenses or
certifications were issued, the training requirements that were satisfied for
the purposes of obtaining those licenses or certifications, the proposed
timeframe during which the visiting advanced practice nurse will be prescribing
medications and devices in this State, and any other information that may be
required by board regulation.

���� Within seven days after
receipt of written notice from a visiting advanced practice nurse, the board
would be required to evaluate the nurse�s credentials, as specified in the
notice, and determine whether the nurse is appropriately qualified to engage in
the prescription of medications and devices.� If the board determines that the
visiting advanced practice nurse is so qualified, the board would be required
to notify the nurse, in writing, of that determination and issue a visiting
nurse identification number, which is to be printed on all of the prescriptions
that are issued by the nurse in the State.� If the board has reason to believe
that the visiting advanced practice nurse is not properly authorized by the
out-of-State license or certification to engage in the prescription of drugs or
devices, or that the training required for the nurse�s out-of-State license or
certification was not substantially equivalent to the training that is required
for the certification of advanced practice nurses in this State, the board would
be required to issue an order restricting the prescribing practices of the
visiting advanced practice nurse.

���� As deemed by the board to be
appropriate, an order issued pursuant to the bill�s provisions may:� 1) fully
prohibit the visiting advanced practice nurse from prescribing medications or
devices in this State, despite the provisions of the bill to the contrary; 2)
require the visiting advanced practice nurse, before engaging in the
prescription of medications or devices in this State, to submit to a skills
assessment and, if necessary, to successfully complete educational training; or
3) provide for the conditional supervision, monitoring, or other limitation of
the visiting advanced practice nurse�s prescribing practices in this State.�

���� A visiting advanced practice
nurse who is subject to an order of the board may submit to the board, within
20 days after receipt of the order, a written request for a hearing on the
matter, in accordance with the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.).

���� A visiting advanced practice
nurse who prescribes medications or devices in this State without first
providing notice to the board, as required by the bill, or who prescribes
medications or devices in violation of the provisions of an order issued by the
board, would be deemed to be engaged in the unauthorized practice of nursing in
this State, and would be subject to a civil penalty of not more than $10,000
for the first violation, and not more than $20,000 for the second or subsequent
violation, as provided by existing law.