By Abigail Holliday
Copy Editor
Gov. Mikie Sherrill signed an executive order on Feb. 13 to extend a COVID-19-related state of emergency in New Jersey until 5 p.m. on Apr. 2.
The state of emergency, which was established through Executive Order No. 103, on March 9, 2020 by former Gov. Phil Murphy declared New Jersey as in both a public health emergency due to COVID-19.
This order gave power to state officials, such as the director of the New Jersey Division of Consumer Affairs and the Commissioner of the Department of Health, allowing them to make necessary decisions to best protect public health against the rapidly spreading coronavirus, including implementing emergency contingency plans to best anticipate and prevent the effects of the virus.
This order was expected to end on Feb. 16, but Sherrill signed the new executive order to add 45 days, as a way to allow healthcare providers time to adapt.
In a press release explaining the extension, Sherrill said, “With today’s executive order, we are providing more time for advanced practice nurses and physician assistants to adjust to this new regulatory landscape, delivering on our commitment to make it easier for small businesses to thrive in New Jersey.”
“Many health care professionals across New Jersey are bracing for impact as years-long state of emergency provisions come to an abrupt end. These sudden regulatory changes will have wide-ranging impacts on health care professionals and patients alike – potentially even forcing clinics and small, independent practices to close their doors, making it more difficult for New Jerseyans to access critical health care services,” the governor said.
The press release warns that, at the end of this extension, it is highly likely that the delivery of healthcare will be disrupted with the possibility of clinics, surgery centers, medical spas and independent practices facing closure. The implications of closing of these institutions would be so severe for the patients relying on them and even whole areas in New Jersey that are medically underserved.
Additionally, ending the state of emergency order will affect nurse practitioners and physician assistants. During the order, any restrictions withholding any advanced practice nurses and PAs from expanding their scope of practice was, and will continue to be, waived.
After the extension is no longer in effect, APNs must have a joint protocol agreement, which is a contract with a physician that governs their chart review, prescribing authority and physician availability requirements, in order for them to be able to prescribe any medications or medical devices. Similarly, PAs will be required to work solely under statutory supervision and a physician delegation agreement, according to JDSUPRA.
These healthcare providers have been operating for multiple years under a relaxed supervision order. Sherrill’s 45-day extension order is to allow NPs and PAs to bind themselves to their respective agreements before the state of emergency is officially lifted.
Those who are without agreements when the order has ended, can no longer prescribe medication or devices, will be exposed to licensing and disciplinary action, face billing and insurance compliance issues and be the result of corporate practice and supervision violations, according to JDSUPRA.
Healthcare institutions are advised to take advantage of this grace period and ensure all of their workers are signed under agreements, secure physician supervision and get their documentation in order.
