Suspension of Elective Surgeries and Invasive Procedures
In the wake of the COVID-19 pandemic, on March 23, 2020, Governor Phil Murphy signed Executive Order No. 109 (the Order) suspending all medical and dental elective surgeries and invasive procedures performed on adults scheduled to take place after 5:30 p.m. on Friday, March 27, 2020. Governor Murphy indicated that the suspension of these elective procedures will aid in the preservation of essential medical equipment and supplies as well as reduce the strain on hospital capacity.
Invasive Procedures Defined
- The Order defines elective surgeries and invasive procedures as any surgery or invasive procedure that can be delayed without undue risk to the current or future health of the patient, as determined by the patient’s treating physician or dentist.
- An elective surgery or invasive procedure does not include the administration of vaccines.
Notification to Patients
- Facilities are required to notify patients immediately whose operations have to be suspended.
Written Guidelines Required
- The Order requires each hospital or ambulatory surgery center to establish written guidelines to ensure adherence to the Order and provide a copy to the New Jersey Department of Health.
- The guidelines must include a process for consultation with the treating physician or dentist about whether the surgery or invasive procedure is “elective”.
- The Order does not prohibit family planning services and procedures including termination of pregnancies.
Inventory of Personal Protective Equipment and Other Critical Equipment
- All businesses, non-hospital health care facilities, and institutions of higher learning in possession of personal protective equipment, ventilators, respirators, or anesthesia machines that do not require their use for providing critical health care services are required to take an inventory and provide their inventory results to the State.
- However, the process for submitting the inventory is not yet clear.
A copy of Executive Order No. 109 is available here.
If you are a physician, dentist or other licensed health care practitioner in New Jersey with a question or concern about Executive Order No. 109, please contact Jason Krisza, or another member of the Wilentz Health Law Team.
The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services. Although we attempt to ensure that the postings are complete, accurate, and up to date, we assume no responsibility for their completeness, accuracy, or timeliness. The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel.
This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk. We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability. Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein. We will remove a link to any site from this blog upon request of the linked entity.
We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.
If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com. One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.