In an effort to make permanent COVID-19 waivers, the New Jersey Legislature expanded independent practice authority for advanced practice nurses (APNs). The Legislature recently approved and published Bill S2996, revising and supplementing P.L. 1991, c.277, (codified at N.J.S.A. 45:11-45 et al.), which eliminates certain practice restrictions for certified APNs. New Jersey joins 27 other states, the District of Columbia, and two US territories that have adopted some level of independent practice authority for APNs.
Specifically, the Bill exempts APNs from the requirement to provide services pursuant to a joint protocol with a collaborating physician, with several qualifications. For example, the APN must have more than 5,000 hours of licensed, active, advanced nursing practice in the applicable population the APN practices in. In addition, the APN’s independent practice must be in primary healthcare or behavioral healthcare, subject to certain limitations set forth in the Bill. Of significance for many APNs, the exemption does not apply to APNs providing healthcare services in the areas of general obstetrics or elective aesthetic or cosmetic services.
The independent practice authority granted to APNs remains subject to regulatory safeguards, including continuing medical education requirements, required malpractice coverage, and other oversight by the New Jersey Board of Nursing. APNs who accrued 5,000 hours of licensed, active, advance nursing practice within the 12 months prior (under the executive order waiving the joint protocol requirement) may continue practicing without a joint protocol.