51 N.J.R. 924(a)

VOLUME 51, ISSUE 12, JUNE 17, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 924(a)
NJ - New Jersey Register  >  2019  >  JUNE  >  JUNE 17, 2019  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement

INTERESTED PERSONS

Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.

The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of    N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at    N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.

Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > STATE BOARD OF NURSING

Administrative Code Citation

Proposed New Rule: N.J.A.C. 13:37-7.10A
Text

Advanced Practice Nurses Dispensing Maintenance or Detoxification Treatment Drugs

Authorized By: State Board of Nursing, Joanne Leone, Executive Director.

Authority: N.J.S.A. 45:11-24 and P.L. 2017, c. 341.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2019-080.

Submit written comments by August 16, 2019, to:

   Joanne Leone, Executive Director
   State Board of Nursing
   PO Box 45010
   Newark, New Jersey 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary

P.L. 2017, c. 341 (the law), permits an advanced practice nurse to dispense narcotic drugs for maintenance treatment or detoxification treatment if he or she has met the training and registration requirements of 21 U.S.C. § 823. The advanced practice nurse's collaborating physician is not required to meet the requirements of 21 U.S.C. § 823, as long as the joint protocol between the advanced practice nurse and the collaborating physician includes the physician's written approval for the advanced practice nurse to dispense such drugs. The law also permits an advanced [page=925] practice nurse to prescribe services for the treatment of substance use disorder. The Board of Nursing (Board) proposes new N.J.A.C. 13:37-7.10A to effectuate P.L. 2017, c. 341.

The Board has determined that the comment period for this notice of proposal will be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.

Social Impact

The Board anticipates that the rulemaking will have a positive social impact on advanced practice nurses and the patients who receive services from these nurses, in that it will provide greater access to narcotic drugs for maintenance treatment or detoxification treatment.

Economic Impact

The Board does not believe that the rulemaking will have any economic impact.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the rulemaking.

Jobs Impact

The Board does not believe that the rulemaking will increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

The Board does not believe that the rulemaking will have any impact on the agriculture industry of this State.

Regulatory Flexibility Statement

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the notice of proposal will apply. Since advanced practice nurses are individually certified by the Board, under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.

The proposed new rule will not impose any economic impact and the Board does not believe that advanced practice nurses will need to employ any professional services to comply with the proposed new rule. The proposed new rule does not impose compliance, reporting, or recordkeeping requirements.

Housing Affordability Impact Analysis

The proposed new rule will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed new rule would evoke a change in the average costs associated with housing because the proposed new rule concerns advanced practice nurses dispensing narcotic drugs for maintenance treatment or detoxification treatment.

Smart Growth Development Impact Analysis

The proposed new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed new rule would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed new rule concerns advanced practice nurses dispensing narcotic drugs for maintenance treatment or detoxification treatment.

Racial and Ethnic Community Criminal Justice and Public Safety Impact

The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.

Regulations

Full text of the proposed new rule follows (additions indicated in boldface thus):

SUBCHAPTER 7.   CERTIFICATION OF ADVANCED PRACTICE NURSES

13:37-7.10A      Dispensing narcotic drugs for maintenance or detoxification treatment

(a) An advanced practice nurse may dispense narcotic drugs for maintenance or detoxification treatment if the advanced practice nurse has met the training requirements of, and is registered pursuant to, subsection (G) of 21 U.S.C. § 823.

(b) If an advanced practice nurse is qualified to dispense narcotic drugs for maintenance or detoxification treatment pursuant to (a) above, he or she may dispense such drugs even if his or her collaborating physician has not met the requirements of subsection (G) of 21 U.S.C. § 823, as long as the joint protocol between the advanced practice nurse and the collaborating physician includes the physician's written approval for the dispensing of such drugs.

(c) An advanced practice nurse may prescribe services for treatment of substance use disorder, pursuant to the joint protocol between the advanced practice nurse and his or her collaborating physician.