State Board of Medical Examiners

ALERT: A Public Session meeting of the New Jersey State Board of Medical Examiners is scheduled virtually for October 13, 2021. The meeting is scheduled to be called to Order at 9:00A.M. Formal action may be taken at the meeting. A copy of the Agenda can be accessed at https://www.njconsumeraffairs.gov/bme/Pages/meetings.aspx

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Public comments will only be accepted in writing. Any public comments should be submitted by 5:00 PM on Tuesday, October 12, 2021 by emailing the Executive Director, Antonia Winstead, at BMEDIRECTOR@dca.lps.state.nj.us. The email should contain the name of the person submitting the comments and in the subject line reference “Board Meeting.” The Board will make its best efforts to read any comment received into the record during the meeting.

The requirements of the “Open Public Meetings Act” were satisfied by transmitting notice of this meeting by mail (and by e-mail) to the SECRETARY OF STATE, ATLANTIC CITY PRESS, STAR LEDGER, CAMDEN COURIER POST, ASBURY PARK PRESS, and the TRENTON TIMES, all on the 6th day of October, 2021 and by posting electronic notice of the meeting on the Board’s website on the 8th day of October, 2021.

Consideration of Rulemaking – Consideration whether to adopt a regulatory proposal published on January 4, 2021, regarding repeal of N.J.A.C. 13:35-4.2 (Termination of pregnancy), amendments to N.J.A.C. 13:35-4A.1 through 4A.12 (Surgery, special procedures and anesthesia services performed in an office setting) and proposed new rule N.J.A.C. 13:35-4A.19 (Performance of Minor Procedures by Advanced Practice Clinicians). The Board will be receiving a memorandum from a committee that was chartered by the Board to address this rulemaking.

The  U.S. Department of Health and Human Services (HHS) recently announced Practice Guidelines which authorized physicians to utilize an exemption from certain certification requirements under the Controlled Substances Act to prescribe buprenorphine for the treatment of opioid use disorder.  The Practice Guidelines were sent to the Office of the Federal Register (OFR) on January 12, 2021, but were not yet published.  It has been reported that the Biden Administration has delayed the implementation of the Practice Guidelines setting forth that exemption, as a regulatory freeze has been implemented with respect to rules that have been sent to the OFR but not published, requiring that they be withdrawn for review [and approval]. This means that physicians who wish to prescribe buprenorphine for opioid use disorder must continue to adhere to the full DATA 2000 waiver requirements. HHS is expected to announce this reversal.

On February 19, 2021, the Acting Director of the Division of Consumer Affairs issued Administrative Order 2021-08 and Waiver 2021-04, which permits health care practitioners-in-training, which are students in medical schools, physician assistant programs, and nursing programs, to administer a COVID-19 vaccine to patients upon direction from a supervising health care practitioner.  The Order and Waiver defines a “supervising health care practitioner” as a doctor of medicine (M.D.), a doctor of osteopathic medicine (D.O.), a registered professional nurse (R.P.N.), an advanced practice nurse (A.P.N.), a physician assistant (P.A.), or a pharmacist (R.Ph.).  The Order and Wavier requires a supervising health care practitioner to ensure that the health care practitioner-in-training has an attestation from a faculty member that attests that the health care practitioner-in-training is enrolled in an educational program, has completed the appropriate level of didactic education, and will have oversight while participating in a COVID-19 vaccinator program. The supervising health care practitioner also must ensure that the health care practitioner-in-training has completed CDC training in vaccination and is competent to administer a COVID-19 vaccine.

Doctors of medicine and doctors of osteopathic medicine should read and familiarize themselves with the provisions of this order.

On February 19, 2021, the Acting Director of the Division of Consumer Affairs issued Administrative Order 2021-07 and Waiver 2021-03, which permits authorized health care personnel to administer a COVID-19 vaccine to patients upon direction from a supervising health care practitioner.  The Order and Waiver defines “authorized health care personnel” as “licensed practical nurses, certified homemaker home health aides, dentists, respiratory care therapists, perfusionists, podiatrists, optometrists, physical therapists, athletic trainers, and dental hygienists with local anesthesia permits.”  A “supervising health care practitioner” is defined as “a doctor of medicine (M.D.), a doctor of osteopathic medicine (D.O.), a registered professional nurse (R.P.N.), an advanced practice nurse (A.P.N.), a physician assistant (P.A.), or a pharmacist (R.Ph.).” The Order and Wavier requires a supervising health care practitioner to determine if authorized health care personnel are licensed in New Jersey and have been trained and are competent to administer a COVID-19 vaccine prior to directing authorized health care personnel to administer the vaccine. 

Doctors of medicine, doctors of osteopathic medicine, and doctors of podiatric medicine should read and familiarize themselves with the provisions of this order.

On February 19, 2021, the Acting Director of the Division of Consumer Affairs issued Administrative Order 2021-06 and Waiver 2021-02, which permits a certified medical assistant to administer a COVID-19 vaccine to patients upon direction from a supervising health care practitioner.  The Order and Waiver defines a “supervising health care practitioner” as a doctor of medicine (M.D.), a doctor of osteopathic medicine (D.O.), a registered professional nurse (R.P.N.), an advanced practice nurse (A.P.N.), a physician assistant (P.A.), or a pharmacist (R.Ph.).  The Order and Waiver waives provisions of N.J.A.C. 13:35-6.4 that limit CMAs to administering injections solely in physicians’ offices, mandate physicians to make determinations as to appropriateness of treatment, and prohibit CMAs from administering vaccines that have received Emergency Use Authorization but have not been approved by the United States Food and Drug Administration (FDA).  The Order and Wavier requires a supervising health care practitioner to determine if a CMA is competent to administer a COVID-19 vaccine and to ensure that the CMA receives proper supervision when administering the vaccine. 

Doctors of medicine and doctors of osteopathic medicine should read and familiarize themselves with the provisions of this order.

On January 5, 2021, the Director of the Division of Consumer Affairs issued Administrative Order 2021-04, which requires licensed health care providers who are authorized to administer vaccines to register and report to the NJIIS when administering a vaccine for COVID-19. Licensed physicians should read and familiarize themselves with the requirements of this order.

On March 9, 2020, through Executive Order No. 103 (EO 103), Governor Murphy declared both a public health emergency (PHE) and a state of emergency (SOE) in response to COVID-19. During the PHE and SOE the Division of Consumer Affairs (DCA), Governor Murphy, and other agencies have issued orders, waivers, and guidance documents related to COVID-19. Links to COVID-19 information and resources that may be useful to licensees of the State Board of Medical Examiners can be found here.

At this time, new applications are no longer being accepted, and pending applications are currently on hold as the Division’s temporary emergency licensure programs undergo review.  We thank all applicants for their willingness to serve in this difficult time, and understand that the current unavailability of additional licenses may be disappointing to those willing to assist New Jersey residents during this public health emergency.  

New Jersey’s Temporary Emergency Foreign Physician Licensure Program was the first of its kind in the country, and the Program has allowed a number of foreign-licensed physicians to put their skills to use in New Jersey’s fight against COVID-19. To administer this novel program, the Division of Consumer Affairs collaborated with the Educational Commission for Foreign Medical Graduates (ECFMG) to determine whether applicants met specified criteria necessary for licensure. In many cases, unfortunately, applicants were unable to provide all of the information necessary to establish their eligibility, and the Division and ECFMG were unable to obtain the necessary information from abroad during the pandemic.

All submitted applications and materials are being kept on file should the Division resume the program at a later date. In the interim, any person who believes that they are eligible for a standard plenary license is encouraged to apply; additional information is available here.