July 2019

Recent New Jersey Developments Which May Affect Your Practice

There have been several recent New Jersey developments, including rule adoptions and rule proposals, which may affect physician practices in New Jersey. These cover the following areas:

  • Pharma Gifts
  • Prescription Monitoring
  • CME Credit for Volunteering
  • Medicinal Marijuana Expansion
  • Telemedicine
Pharma Gift Amendments
By Jason J. Krisza
On May 6, 2019, the Attorney General adopted the proposed amendments to rules relating to prescriber acceptance of compensation from pharmaceutical manufactures. Generally, the rules limit prescribers, i.e., physicians, podiatrists, physician assistants, advanced practice nurses, dentists, or optometrists, from accepting gifts from pharmaceutical manufacturers and place $15/$30 limits on meals for promotional events. The new amendments do not significantly modify the rules, however, the rules provide additional clarity.
Prescription Monitoring Program (“PMP”)
By Gordon J. Golum
On May 6, 2019, the Division of Consumer Affairs adopted new rules and amendments for the Prescription Monitoring Program (“PMP”) that was established under N.J.S.A. 45:1-45 et seq. The rule adoptions include amendments to existing rules and new rules, the new rules being N.J.A.C. 13:45A-35.6A and 35.12. Amendments have been made to N.J.A.C. 13:45A-35.1, 35.2, 35.3, 35.6, 35.7, 35.8, 35.9 and 35.11.
Continuing Medical Education
In May 2019, the New Jersey Board of Medical Examiners proposed a rule change for N.J.A.C. 13:35-6.15, which would implement hours of volunteer service for credit toward the 100 hour continuing medical education credit every biennial renewed period. Essentially, the Board proposal would permit a licensee to gain up to 10 hours of continuing medical education credits by providing care outside of their offices to low-income patients. Licensees will gain one credit for every two hours of care spent. However, volunteer hours are not counted toward the 40 hours required in Category I courses. Additionally, the Board has discretion to deny a licensee from including volunteer hours for credit if the licensee has to complete continuing education credit hours to maintain competence or to address developments in science or technology.
Massive Expansion of the Medicinal Marijuana Program in New Jersey
On July 1, 2019, the New Jersey Department of Health (“NJDOH”) released a new notice of a Request for Applications (“RFA”) for up to 24 additional Alternative Treatment Centers (“ATCs”) in the State of New Jersey. As of July 15, 2019, the permit application forms for ATCs and additional instructions will be available at http://www.nj.gov/health/medicalmarijuana. Applications for dispensary endorsements must be submitted to the NJDOH by 3:00 p.m. on Wednesday, August 21, 2019. Applications for cultivation endorsements must be submitted to the NJDOH by 3:00 pm on Thursday, August 22, 2019.
Proposed BME Telemedicine and Telehealth Regulations
By Grace D. Mack
On May 6, 2019, the New Jersey Board of Medical Examiners (BME) proposed new regulations to effectuate the provisions of the New Jersey Telemedicine Law. The Proposed regulations were published in the NJ Register at 51 NJR 561(a). There is a 60 day Comment period through July 5, 2019. If adopted, the new rules would be set forth in N.J.A.C. 13:35-6B.1- N.J.A.C. 13:35-6B.9.

The information contained in this newsletter is for discussion purposes only and cannot be construed as legal advice. Recipients of content from this newsletter, clients or otherwise, should not act or refrain from acting on the basis of any content included in the newsletter without seeking appropriate legal or other professional advice and consider all applicable state and federal law. If you have any questions, contact Grace D. Mack, Esq. of the law firm of Wilentz, Goldman & Spitzer, P.A. at gmack@wilentz.com or 732-855-6025.

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