New Jersey APN Applicable Statutes
Statutes Specific To APNs in which we are included:
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1. NJ Board of Nursing Statutes:
45:11-45. Short title
This act shall be known and may be cited as the "Advanced Practice Nurse Certification
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.
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2. Health Care Quality Act: HMO Law: P.L. 1997, c.192
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).
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3. An Act Concerning Public School Pupils and Amending N.J.S.18A:40-4. Public Schools To Accept Physical Examinations Done By APNs: P.L. 1997, c. 48.
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):
- 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.
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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