The Society of Psychiatric 
Advanced Practice Nurses 
             of the 
New Jersey State Nurses Association
 
 
 



New Jersey APN Applicable Statutes 


Statutes Specific To APNs in which we are included:

  • 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.

  • 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).

  • 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):

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

   
Society of Psychiatric Advanced Practice Nurses
of the New Jersey State Nurses Association
1479 Pennington Road
Trenton, NJ 08618-2694
Tel/Fax: (877) 727-6283
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