Statutes Specific To APNs in which we are included:
45:11-45. Short title
This act shall be known and may be cited as the "Advanced Practice NurseCertification Act."1991,c.377,s.1; amended 1999, c.85, s.4.
45:11-46. Certification required
7. a. (1) 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 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 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."
1991,c.377,s.7; amended 1999, c.85, s.5.
45:11-47. Certification requirements
8. a. The New Jersey Board of Nursing may issue a certification as an advanced
practice nurse to an applicant who fulfills the following requirements:
(1) Is at least 18 years of age;
(2) Is of good moral character;
(3) Is a registered professional nurse;
(4) Has successfully completed an educational program, including pharmacology,
approved by the board; and
(5) Has passed a written examination approved by the board.
b. In addition to the requirements of subsection a. of this section, an applicant for
renewal of a certification as an advanced practice nurse shall present satisfactory
evidence that, in the period since the certification was issued or last renewed, all
continuing education requirements have been completed as required by regulations
adopted by the board.
c. The board may accept, in lieu of the written examination required by
paragraph (5) of subsection a. of this section, proof that an applicant for certification
holds a current certification in a state which has standards substantially equivalent to
those of this State.
1991,c.377,s.8; amended 1999, c.85, s.6.
45:11-49 Permitted duties of advanced practice nurse:
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.
b. An advanced practice nurse may order medications and devices in the
inpatient setting,
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
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 collaborating physician and the advanced practice
nurse, or pursuant to the specific direction of a physician;
(3) the advanced practice nurse authorizes the order by signing his own name,
printing the name and certification number, and printing the collaborating physician's
name;
(4) the physician is present or readily available through electronic
communications;
(5) the charts and records of the patients treated by the 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 and Senior
Services 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 are reviewed, updated and signed at least annually by both
parties; and
(7) the advanced practice nurse has completed six contact hours of continuing
professional education in pharmacology related to controlled substances, including
pharmacologic therapy and addiction prevention and management, 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 and 13:37-7.5.
c. An advanced practice nurse may prescribe medications and devices in all
other medically appropriate settings
,subject to the following conditions: (law that follows is same as 1-7, above).(8) the advanced practice nurse has completed six contact hours of continuing
professional education in pharmacology related to controlled substances, including
pharmacologic therapy and addiction prevention and management, 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 and 13:37-7.5.
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.)
L.1991,c.377,s.10; amended 1999, c.85, s.7; 2004, c.122, s.2.
Excerpt relevant to inclusion of APNs: “Health care provider means an individual or entity which, acting within the scope of its licensure or certification, provides a covered service defined by the health benefit’s plan. Health care provider includes but is not limited to, a physician and other health care professionals licensed pursuant to Title 45 of the Revised Statutes. “
(See Rules which implement this statute and spell out which APNs can be PCPs in accompanying document titled Regulations).
N.J.S.18A:40-4 is amended to read as follows: The medical inspector, or the nurse or
Licensed medical and health care personnel under the immediate direction of the medical inspector, shall examine every pupil to learn whether any physical defect exists, or in lieu thereof the medical inspector may accept the report of such an examination by a physician licensed to practice medicine and surgery within the State or by a nurse practitioner/clinical nurse specialist certified by the New Jersey Board of Nursing working in collaboration with a physician licensed to practice medicine and surgery within the State.
4. Two Amendments To Labor Laws Include APNs (both became law in 2004):
ü Working Paper Physicals: Section 8 of P.L.1940, c.153 (C.34:2-21.8) is amended to read as follows: (3) A statement of physical fitness, signed by a medical inspector employed by the applicable board of education, or any other physician licensed to practice medicine and surgery, or advanced practice nurse, setting forth that such minor has been thoroughly examined by such medical inspector, or such other physician licensed to practice medicine and surgery, or advanced practice nurse, that he either is physically fit for employment in occupations permitted for persons under 18 years of age, or is physically fit to be employed under certain limitations, specified in the statement.
ü Temporary Disability Claims: Limitation of benefits. Notwithstanding any other provision of the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.), no benefits shall be payable under the State plan to any person (d) for any period during which the claimant is not under the care of a legally licensed physician, dentist, optometrist, podiatrist, practicing psychologist, advanced practice nurse, or chiropractor, who, when requested by the division, shall certify within the scope of the practitioner's practice, the disability of the claimant, the probable duration thereof, and, where applicable, the medical facts within the practitioner's knowledge;
ctt: 4/20/11