A5404 1R

An Act concerning the oversight of midwives and revising various parts of the statutory law and supplementing Title 45 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the “Midwifery Licensing Act.”

2. (New section) The Legislature finds and declares that:

a. The public interest requires the establishment of a modern regulatory framework for the practice of midwifery in this State.

b. Midwives play a vital role in improving maternal and infant health.

c. Research has shown that access to midwifery services significantly reduces the rate of maternal and infant mortality and morbidity, particularly for vulnerable communities, yet many of the statutory provisions governing the practice of midwifery in the State date back to the late 19th century.

d. Midwifery practice continues to be regulated by the State Board of Medical Examiners rather than by an independent midwifery licensing board.

e. In light of the expansion of midwifery practice and the urgent need to address New Jersey’s unusually high levels of maternal and infant mortality and morbidity, it is necessary to establish a new regulatory framework for the practice of midwifery in this State.

3. (New section) As used in sections 4 through 15 of P.L. , c. (C. ) (pending before the Legislature as this bill):

“Board” means the State Board of Midwifery established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

“Certified midwife” or “CM” means a person who has been certified by the American Midwifery Certification Board, or any of its successors, as a certified midwife.

“Certified nurse midwife” or “CNM” means a registered nurse who has been certified by the American Midwifery Certification Board, or any of its successors, as a certified nurse midwife.

“Certified professional midwife” or “CPM” means a person who has been certified by the North American Registry of Midwives, or any of its successors.

¹“Clinical guidelines” means the current iteration of written

standards established by the American College of Nurse Midwives

or any other organization recognized by the board.

“Collaboration” or “collaborative management” means the process by which a licensee and a physician or other appropriate health care professional jointly manage the care of a patient.

“Consultation” means discussing the aspects of an individual patient’s circumstances with a physician or other appropriate health care professionals to assure comprehensive and quality care for the patient and for the purposes of making adjustments to the patient’s treatment plan. “Consultation” may include patient history intake; examination of the patient; rendering an opinion concerning diagnosis and treatment; or offering services, assistance or advice.¹

“Licensee” means any person who holds a license from the board to practice as a midwife.

“Midwife” means a person licensed by the board as a certified midwife (CM), certified nurse midwife (CNM), or certified professional midwife (CPM).

“Midwifery services” means care for childbearing persons during pre-pregnancy, pregnancy, birth, and postpartum, the provision of gynecological care and primary preventive reproductive care, and care for newborn infants in the early weeks of life consistent with the midwife’s education and certification¹, provided in a network of clinical relationships with other health care professionals, including at least one physician specializing in obstetrics and gynecology who has agreed to provide consultation, collaborative management and referral¹. “Midwifery services” shall also include, with respect to a certified midwife or a certified nurse midwife, ¹[primary] well woman¹ care ¹across the lifespan¹ for individuals with female reproductive systems.

¹“Referral” means the process by which a licensee arranges for an accepting physician or other appropriate health care professional to assume primary management responsibility for a condition requiring referral which process shall not preclude the licensee from continuing the provision of care as mutually agreed upon with the accepting health care professional.

“Transfer” means the act of transporting a patient to a licensed health care facility providing a higher level of care.

“Well woman care” means gynecological and primary health care screening, assessment, and treatment and contraceptive services for individuals with female reproductive systems.¹

4. (New section) ¹a.¹ There is created in the Division of Consumer Affairs in the Department of Law and Public Safety the State Board of Midwifery. The board shall consist of 11 members, one of whom shall be a public member appointed by the Governor pursuant to the provisions of subsection b. of section 2 of P.L.1971, c.60 (C.45:1-2.2) and one of whom shall be a member of the Executive Branch appointed by the Governor in fulfillment of the requirement of subsection c. of section 2 of P.L.1971, c.60 (C.45:1-2.2); one of whom shall be a physician who is certified by either the American Board of Obstetrics and Gynecology, the American Osteopathic Board of Obstetrics and Gynecology, or any other certification organization of comparable standards, or one of whom shall be a physician who practices family medicine; and one of whom shall be a physician who practices pediatrics. The seven remaining members shall be midwives, at least one of whom shall be a midwifery educator, at least two shall be certified professional midwives, two shall be certified nurse midwives, and two shall be certified midwives.

¹b.¹ The Governor shall appoint each member, other than the State executive department member, for terms of three years, except that of the members first appointed, four shall serve for a term of three years, four shall serve for terms of two years and three shall serve for terms of one year. Any vacancy in the membership shall be filled for the unexpired term in the manner provided by the original appointment. No member of the board shall serve for more than two successive terms in addition to any unexpired term to which the member has been appointed. The Governor may remove any member of the board for cause, other than the State executive department member who, pursuant to subsection c. of section 2 of P.L.1971, c.60 (C.45:1-2.2), serves at the pleasure of the Governor.

¹c. Upon the appointment of the members of the board, the Midwifery Liaison Committee of the State Board of Medical Examiners shall be abolished and all of its functions and duties shall be continued in the State Board of Midwifery. All appropriations to the State Board of Medical Examiners and other moneys made available for the purposes of regulating licensees are hereby continued in the State Board of Midwifery and shall be available for the objects and proposes for which such moneys are appropriated subject to the terms, restrictions and limitations, or such other requirements imposed by State or federal law.¹

5. (New section) Notwithstanding any law, rule, or regulation to the contrary, the members of the board shall serve without compensation and shall not be entitled to receive any pension or health benefits based upon their service as a board member but, pursuant to section 2 of P.L.1977, c.285 (C.45:1-2.5), shall be reimbursed for expenses and provided with office and meeting facilities.

6. (New section) a. The board shall organize within 30 days after the appointment of its members and shall annually elect from among its members a chairperson and vice-chairperson.

b. The chairperson shall preside at all board meetings and perform all duties prescribed by law or board regulations. The vice-chairperson shall preside if the chairperson is absent or temporarily unable to discharge the duties of the chairperson, or the position of chairperson becomes vacant. The board shall meet at least once every three months in-person, or through remote technologies, and may hold additional meetings as necessary to discharge its duties. A majority of the board membership shall constitute a quorum. The minutes of meetings, upon approval of the board, shall constitute the official records of board meetings.

c. The board shall promulgate rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill). The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill)¹[, except for sections 4, 5, and 6 and subsection j. of section 7,]¹ shall remain inoperative until the first day of the sixth month next following the promulgation by the board of the rules and regulations¹except for the provisions of sections 1 through 6, section 25, and subsection j. of section 7, which shall become operative upon enactment.

d. The regulations pertaining to the provision of midwifery services previously promulgated by the State Board of Medical Examiners shall remain in full force and effect until such time as the State Board of Midwifery may adopt or modify such regulations, with the exception of any rule requiring a licensee to maintain a formal written collaborative practice agreement with a physician if the licensee is practicing in a health care system or in a network of clinical relationships with other health care professionals, including at least one physician specializing in obstetrics and gynecology who has agreed to provide consultation, collaborative management and referral¹_.

7. (New section) The board shall:

a. establish and review the qualifications of applicants for licensure;

b. recognize accrediting entities for midwifery education programs;

c. recognize national certification entities which certify individuals to practice as certified midwives, certified nurse midwives, and certified professional midwives;

d. issue and renew, on a biennial basis, licenses for midwives;

e. refuse to issue an initial license or suspend, revoke, or fail to renew a license of a midwife in accordance with the provisions set forth in P.L.1978, c.73 (C.45:1-14 et seq.);

f. enforce provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), and issuance of penalties pursuant to section 9 of P.L.1978, c.73 (C.45:1-22);

g. maintain a record of each board licensee to include, but not be limited to, information regarding the place of business, place of residence, the issuance date of the license, the license number, and type of certification obtained by the licensee, and publish a list, which may be online, of the names and business addresses of all licensees annually;

h. ¹[review] establish¹ continuing education ¹[hours completed by licensees as the board deems appropriate, pursuant to section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill)] requirements for board licensees¹;

i. prescribe and change the fees for initial licensure, licensure renewals, reactivations, and reinstatements, and other services the board deems necessary to provide, including services performed pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.);

j. adopt and promulgate rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill)¹, including regulations establishing:

(1) scope and practice standards for antepartum, intrapartum, postpartum, and newborn care; and

(2) any conditions, history, diagnosis, disorder, or symptoms or circumstances for which consultation, collaborative management, or referral are required or under which midwifery services are prohibited¹; and

k. perform other duties as deemed necessary by the board to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).

8. (New section) a. An individual shall not provide midwifery services unless licensed pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), except that nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to prohibit:

(1) an individual licensed to practice pursuant to Title 45 of the Revised Statutes from engaging in the practice or teaching for which that person is licensed, regulated, or certified; or

(2) students enrolled in a midwifery program, or any other health care educational program, from performing midwifery services as part of a course of study.

b. ¹[An individual licensed as a certified] A¹ midwife ¹[or certified nurse midwife]¹ may provide midwifery services and any other related services ¹[to the full scope of the individual’s license and credential, pursuant to the requirements established by] for which¹ the board ¹[for certified midwives and certified nurse midwives.

c. An individual licensed as a certified professional midwife may provide midwifery and other related services to the full scope of the individual’s license and credential, pursuant to the requirements established by the board for certified professional midwives.

d.], by regulation, has established education and experiential requirements, in a manner consistent with clinical guidelines, reflecting the applicable standards of professional associations recognized by the board.

c. A midwife shall maintain documentation of a plan to provide for consultation, collaborative management, referral, or transport which plan shall meet the standards as required by regulation promulgated by the board whenever that midwife is rendering midwifery services outside of a birthing center licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) or an acute care hospital.

d. A midwife shall provide all patients with a notice of the plan for consultation, collaborative management and referral and the circumstances and conditions which may warrant implementation of such plan or emergency transport to an acute care hospital.

e. A midwife shall maintain records of all services rendered and, with respect to births, file all required vital statistics, including the planned place of birth, the actual place of birth, and the identity of health care professionals in attendance.

f. Any midwife who is not authorized to prescribe drugs, pursuant to section 2 of P.L.1991, c.97 (C.45:10-18), shall not administer or dispense drugs unless the administration or dispensation is authorized by a standing order issued to the midwife by a physician, advanced practice nurse, or physician assistant, or by a certified midwife who is authorized to prescribe drugs pursuant to section 2 of P.L.1991, c.97 (C.45:10-18). A physician, advanced practice nurse, or physician assistant who issues a standing order to a midwife pursuant to this subsection shall specialize in obstetrics and gynecology.

g.¹ A certified midwife, certified nurse midwife, and certified professional midwife may work in any setting for which the midwife is trained and qualified, including, hospitals, clinics, patients’ homes, or birthing centers.

¹[e.] h.¹ A licensee shall be authorized to sign paperwork for Temporary Disability Insurance and family temporary disability benefits, pursuant to P.L.1948, c.110 (C.43:21-25 et seq.).

9. (New section) To be eligible for licensure as a midwife, an applicant shall be at least 18 years of age and submit:

a. a completed application, in a form and manner as determined by the board;

b. an official transcript demonstrating successful completion of a midwifery program accredited by an entity identified and recognized by the board;

c. a copy of certification from a national certifying entity recognized by the board;

d. payment of fees, as required by the board; and

e. any other information deemed necessary, as determined by the board.

10. (New section) a. ¹[In order to maintain licensure as a midwife:

(1) the CNM/CM licensee shall maintain certification through the American Midwifery Certification Board (AMCB) (or its successor); and

(2) the CPM licensee shall maintain certification through the North American Registry of Midwives (NARM) (or its successor).

b. As a condition of licensure renewal, the] The¹ board shall require each individual licensed as a midwife, pursuant to subsection h. of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), to complete continuing education requirements ¹[in accordance with] that, at a minimum, align with¹ the respective credentialing body for each level of certification, which is to include the training required pursuant to subsection b. of section 7 of P.L.2021, c.79 (C.45:10-23).

¹b. The board shall establish standards for continuing midwifery education, including the number of credits; the subject matter and content of courses of study; competency assessments; and the type of continuing education credits required of a midwife as a condition of licensure renewal. At least one credit shall consist of training from an educational program concerning explicit and implicit bias, of which the program shall meet the requirements set forth at subsection b. of section 1 of P.L.2021, c.79 (C.26:2H-12.108).¹

c. ¹(1)¹ The board may, in its discretion, waive requirements for continuing education for a licensee if the licensee can demonstrate a hardship, including, but not limited to, a disability, military service or deployment, or other good cause.

¹(2) If a licensee completes continuing education credit hours in excess of the number required for licensure renewal, the board may allow credits to be carried over to satisfy the continuing education requirement of the licensee for the next biennial renewal period, but any excess credits shall not be applied to a biennial renewal period thereafter.¹

¹11. (New section) In addition to the bases for disciplinary action set forth in P.L.1978, c.73 (C.45:1-18 et seq.), a licensee shall be subject to discipline, upon proof that the midwife has:

a. failed to adhere to clinical practice guidelines that cover all aspects of care, including but not limited to a plan for emergency consultation, a plan for transfer of care, and if needed, a plan for admission of the patient or newborn to a hospital;

b. failed to provide to every patient seeking midwifery care with a written disclosure which includes:

(1) a description of the licensee’s qualifications, experience and training;

(2) a written protocol for emergencies, including hospital transport, particular to each patient;

(3) a statement as to whether the midwife has hospital admitting privileges;

(4) procedures established by the midwife for consultation, collaboration referral and transfer of care to a physician or other health care professional; and

(5) a statement concerning malpractice or liability coverage;

c. failed to undertake a comprehensive risk assessment, including review of the patient’s medical history and standard testing and screening, upon the initiation of midwifery care, consistent with the standard of care and the regulations of the board; or

d. failed to submit data as required by section 13 of P.L. , c. (C. )(pending before the Legislature as this bill).¹

¹12. (New section) a. Certified nurse midwife and certified midwife practice shall include the provision of maternity care and well woman care within a health care system which provides for consultation, referral and collaboration, and:

(1) for licensees without prescriptive authority, administering or dispensing those medications listed in the clinical guidelines; or

(2) for licensees with prescriptive authority pursuant to section 2 of P.L.1991, c.97 (C.45:10-18), prescribing, ordering, administering or dispensing medications.

b. Certified nurse midwives and certified midwives shall conduct their practice pursuant to standards set forth by the American College of Nurse Midwives in Standards for the Practice of Midwifery 2003, as amended and supplemented.

c. Certified professional midwife practice shall include the provision of maternity care within a health care system which provides for consultation, referral and collaboration with a licensed physician and the administration or dispensing of those medications listed in the clinical guidelines.

d. Certified professional midwives shall conduct their practice pursuant to standards set forth in the Midwives Alliance of North America Core Competencies (2014), as amended and supplemented.

e. Prior to beginning practice as a midwife, a licensee shall enter into a consulting agreement with a physician who is licensed in New Jersey and who:

(1) holds hospital privileges in operative obstetrics and gynecology;

(2) has a binding agreement with a physician who holds operative privileges in operative obstetrics and gynecology; or

(3) holds hospital privileges in gynecology, if a licensee limits his or her practice to non-obstetrical.

f. The licensee shall establish written clinical guidelines with the consulting physician that outlines the licensee's scope of practice.

g. The clinical guidelines shall set forth:

(1) an outline of routine care;

(2) procedures the licensee will perform or provide;

(3) procedures to follow if one of the risk factors, to be established by the board in regulation, is encountered;

(4) the circumstances under which consultation, collaborative management, referral, and transfer of care of women between the licensee and the consulting physician are to take place, and the manner by which each is to occur;

(5) if the licensee is a certified nurse midwife with prescriptive authority pursuant to section 2 of P.L.1971, c.97 (C.45:10-18), a formulary listing the categories of drugs, which may include controlled dangerous substances, the certified nurse midwife may order, prescribe, administer or dispense;

(6) if the licensee does not hold prescriptive authority pursuant to section 2 of P.L.1971, c.97 (C.45:10-18), a list of all medications the licensee may dispense or administer pursuant to the directions of the consulting physician;

(7) a mechanism for determining the availability of the consulting physician, or a substitute physician, for consultation and emergency assistance or medical management when needed; and

(8) the manner by which emergency care for newborns will be provided.

h. A licensee shall provide clinical guidelines and the identity of the consulting physician to the board upon request.

i. The clinical guidelines shall include provisions for periodic conferences with the consulting physician for review of patient records and for quality improvements.

j. A licensee who practices without establishing clinical guidelines with a consulting physician commits professional misconduct as proscribed by subsection e. of section 8 of P.L.1978, c.73 (C.45:1-21).¹

¹13. (New section) Annually, beginning July 1, 2027, a licensee shall submit a report to the board, in a form specified by the board, the following information regarding cases in which the licensee assisted during the previous fiscal year ending June 30, when the intended place of birth was an out-of-hospital setting:

a. The total number of patients served as primary caregiver at the onset of care;

b. The number, by county, of live births attended as primary caregiver;

c. The number, by county, of cases of fetal demise, infant deaths, and maternal deaths attended as primary caregiver at the discovery of the demise or death;

d. The number of women whose primary care was transferred to another health care practitioner during the antepartum period and the reason for the transfer;

e. The number, reason for, and outcome of each nonemergency hospital transfer during the intrapartum or postpartum period;

f. The number, reason for, and outcome of each urgent or emergency transport of an expectant mother in the antepartum period;

g. The number, reason for, and outcome of each urgent or emergency transport of an infant or mother during the intrapartum or immediate postpartum period;

h. The number of planned out-of-hospital births at the onset of labor and the number of births completed in an out-of-hospital setting;

i. A brief description of any complications resulting in the morbidity or mortality of a mother or a neonate; and

j. Any other information required by the board.¹

¹[11.] 14.¹ (New section) An individual licensed as a midwife shall maintain professional liability insurance coverage¹[, at appropriate amounts to be determined by the board] issued by a carrier authorized to write medical malpractice liability insurance policies in this State, in the sum of $1,000,000 per occurrence and $3,000,000 per policy year and, unless renewal coverage includes the premium retroactive date, the policy shall provide for extended reporting endorsement coverage for claims made policies, also known as tail coverage¹.

¹[12.] 15.¹ (New section) Any person who is licensed as a certified midwife, certified nurse midwife, or certified professional midwife, pursuant to R.S.45:10-6, on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be licensed at the same level under and subject to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

¹[13.] 16.¹ Section 1 of P.L.1971, c.60 (C.45:1-2.1) is amended to read as follows:

1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the New Jersey Real Estate Commission, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the Orthotics and Prosthetics Board of Examiners, the New Jersey Cemetery Board, the State Board of Polysomnography, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee, the State Board of Dietetics and Nutrition, the New Jersey State Board of Home Improvement and Home Elevation Contractors, the State Board of Midwifery, and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.

(cf: P.L.2023, c.237, s.18)

¹[14.] 17.¹ Section 1 of P.L.1974, c.46 (C.45:1-3.1) is amended to read as follows:

1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the New Jersey Cemetery Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the State Board of Polysomnography, the Orthotics and Prosthetics Board of Examiners, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee, the State Board of Dietetics and Nutrition, the State Board of Midwifery, and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.

(cf: P.L.2019, c.331, s.17)

¹[15.] 18.¹ Section 2 of P.L.1978, c.73 (C.45:1-15) is amended to read as follows:

2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by, through or with the advice of those boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the State Board of Polysomnography, the Professional Counselor Examiners Committee, the New Jersey Cemetery Board, the Orthotics and Prosthetics Board of Examiners, the Occupational Therapy Advisory Council, the Electrologists Advisory Committee, the Acupuncture Advisory Committee, the Alcohol and Drug Counselor Committee, the Athletic Training Advisory Committee, the Certified Psychoanalysts Advisory Committee, the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee, the Home Inspection Advisory Committee, the Interior Design Examination and Evaluation Committee, the Hearing Aid Dispensers Examining Committee, the Perfusionists Advisory Committee, the Physician Assistant Advisory Committee, the Audiology and Speech-Language Pathology Advisory Committee, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee, the State Board of Dietetics and Nutrition, the State Board of Midwifery, and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.

(cf: P.L.2019, c.331, s.18)

¹[16.] 19.¹ Section 1 of P.L.2002, c.104 (C.45:1-28) is amended to read as follows:

1. As used in this act:

"Applicant" means an applicant for the licensure or other authorization to engage in a health care profession.

"Board" means a professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety.

"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.

"Health care professional" means a health care professional who is licensed or otherwise authorized, pursuant to Title 45 or Title 52 of the Revised Statutes, to practice a health care profession that is regulated by one of the following boards or by the Director of the Division of Consumer Affairs: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy, the State Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the State Board of Veterinary Medical Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family Therapy Examiners, the Occupational Therapy Advisory Council, the Certified Psychoanalysts Advisory Committee, the State Board of Polysomnography, the State Board of Applied Behavior Analyst Examiners, the State Board of Creative Arts and Activities Therapies, [or] the State Board of Dietetics and Nutrition, or the State Board of Midwifery.

Health care professional shall not include a nurse aide or personal care assistant who is required to undergo a criminal history record background check pursuant to section 2 of P.L.1997, c.100 (C.26:2H-83) or a homemaker-home health aide who is required to undergo a criminal history record background check pursuant to section 7 of P.L.1997, c.100 (C.45:11-24.3).

"Licensee" means an individual who has been issued a license or other authorization to practice a health care profession.

(cf: P.L.2024, c.67, s.1)

¹[17.] 20.¹ Section 9 of P.L.2005, c.83 (C.45:1-34) is amended to read as follows:

9. As used in sections 9 through 14 and 16 and 17 of P.L.2005, c.83 (C.45:1-34 through C.45:1-39 and C.26:2H-12.2d and C.45:1-40):

“Board” means a professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety which licenses or otherwise authorizes a health care professional to practice a health care profession.

“Division” means the Division of Consumer Affairs in the Department of Law and Public Safety;

“Health care entity” means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), a health maintenance organization authorized to operate pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.), a carrier which offers a managed care plan regulated pursuant to P.L.1997, c.192 (C.26:2S-1 et seq.), a State or county psychiatric hospital, a State developmental center, a staffing registry, and a home care services agency as defined in section 1 of P.L.1947, c.262 (C.45:11-23).

“Health care professional” means a person licensed or otherwise authorized pursuant to Title 45 or Title 52 of the Revised Statutes to practice a health care profession that is regulated by the Director of the Division of Consumer Affairs or by one of the following boards: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy, the State Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the State Board of Veterinary Medical Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family Therapy Examiners, the Occupational Therapy Advisory Council, the State Board of Midwifery, and the Certified Psychoanalysts Advisory Committee.

“Licensee” means an individual who has been issued a license or other authorization to practice a health care profession.

“Review panel” means the Medical Practitioner Review Panel established pursuant to section 8 of P.L.1989, c.300 (C.45:9-19.8).

(cf: P.L.2005, c.83, s.9)

¹[18.] 21.¹ Section 1 of P.L.1991, c.97 (C.45:10-17) is amended to read as follows:

1. As used in this act:

“Board” means the State Board of Medical Examiners.

“Certified nurse midwife” means a certified nurse midwife [registered with] licensed by the [board] State Board of Midwifery pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

“Drug” means drugs, medicine and devices, as determined by the board.

(cf: P.L.1991, c.97, s.1)

¹22. Section 3 of P.L.2020, c.133 (C.45:1-69) is amended to read as follows:

As used in this act:

“Advertisement” means any communication or statement that is directly controlled or administered by a health care professional or a health care professional’s office personnel, whether printed, electronic or oral, that names the health care professional in relation to his or her practice, profession, or institution in which the individual is employed, volunteers or otherwise provides health care services. This includes business cards, letterhead, patient brochures, e-mail, Internet, audio and video, and any other communication or statement used in the course of business or where the health care professional is utilizing a professional degree or license to influence opinion or infer expertise in a health care topic. “Advertisement” does not include office building placards or exterior building signage.

“Health care professional” means a person licensed, certified, registered or otherwise authorized pursuant to Title 45 or Title 52 of the Revised Statutes, or by any principal department of the Executive Branch of State government or any entity within any department or any other entity hereafter created to license or otherwise regulate a health care profession. “Health care professional” shall include, but shall not be limited to, health care professionals regulated by the following entities: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy Examiners, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the Occupational Therapy Advisory Council, [and] the Certified Psychoanalysts Advisory Committee, and the State Board of Midwifery. “Health care professional” for purposes of this act does not include individuals licensed in veterinarian medicine or health care professionals working in non-patient care settings, and who do not have any direct patient care interactions.

“Hospital” means an acute care general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

“Licensee” means a health care professional with an active New Jersey license, certification, registration, or other valid authorization.

“Long-term care facility” means a nursing home, assisted living residence, comprehensive personal care home, residential health care facility, or dementia care home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

“Professional degree” means the academic degree conferred to a health care professional, including, but not limited to, “medical doctor” (M.D.); “doctor of osteopathy” (D.O.); “doctor of dental surgery” (D.D.S.); “doctor of medicine in dentistry” (D.M.D.); “doctor of podiatric medicine” (D.P.M.); “doctor of optometry” (O.D.); “doctor of chiropractic” (D.C.); and “doctor of nursing” (D.N.).

“Professional license” means the credential issued by the State to identify the profession practiced by a health care professional, including, but not limited to, “physician,” “chiropractor,” “advanced practice nurse,” “licensed midwife,” “dentist,” “optometrist,” “psychologist,” “physician assistant,” “acupuncturist,” and “podiatrist.”¹

(cf: P.L.2020, c.133, s.3)

¹23. R.S.45:9-1 is amended to read as follows:
45:9-1. The State Board of Medical Examiners, hereinafter in this chapter designated as the “board” shall consist of [21] 20 members, one of whom shall be the Commissioner of Health, or the commissioner’s designee, three of whom shall be public members and one an executive department designee as required pursuant to section 2 of P.L.1971, c.60 (C.45:1-2.2), and 16 of whom shall be persons of recognized professional ability and honor, and shall possess a license to practice their respective professions in New Jersey, and all of whom shall be appointed by the Governor in accordance with the provisions of section 2 of P.L.1971, c.60 (C.45:1-2.2); provided, however, that said board shall consist of 12 graduates of schools of medicine or osteopathic medicine who shall possess the degree of M.D. or D.O. The number of osteopathic physicians on the board shall be a minimum of, but not limited to, two members. In addition the membership of said board shall comprise: one podiatric physician who does not possess a license to practice in any other health care profession regulated under Title 45 of the Revised Statutes; one physician assistant; [one certified nurse midwife;] and one licensed bio-analytical laboratory director, who may or may not be the holder of a degree of M.D. The term of office of members of the board hereafter appointed shall be three years or until their successors are appointed. A member is eligible for reappointment for one additional term of office, but no member shall serve more than two consecutive terms of office. Said appointees shall, within 30 days after receipt of their respective commissions, take and subscribe the oath or affirmation prescribed by law and file the same in the office of the Secretary of State.¹
(cf: P.L.2013, c.253, s.35)

¹[19.] 24.¹ R.S.45:10-1 through R.S.45:10-8 and R.S.45:10-16 are repealed.

¹[20.] 25.¹ This act shall take effect immediately ¹[but] and, except for section 1 through 6 and subsection j. of section 7, shall¹ remain inoperative until such time as provided in section 6. The Director of Consumer Affairs and the State Board of Midwifery may take such anticipatory administrative action in advance thereof as shall be necessary for implementation of P.L. , c. (C. ) (pending before the Legislature as this bill).