Sponsored by:
Assemblyman ERIK K. SIMONSEN
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman ANTWAN L. MCCLELLAN
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Authorizes elective surgeries and invasive procedures to be performed during coronavirus disease 2019 (COVID-19) emergency.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the performance of certain elective procedures during the coronavirus disease 2019 emergency.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding Executive Order No. 109 of 2020 or any successor order or other administrative rule or guidance to the contrary, health care facilities licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) to perform surgeries or invasive procedures, and health care practitioners who are licensed or certified pursuant to Title 45 of the Revised Statutes to perform surgeries or invasive procedures, shall be authorized to perform elective surgeries or invasive procedures notwithstanding any state of emergency or public health emergency declared in response to the coronavirus disease 2019 (COVID-19) pandemic, provided that the facility or practitioner takes appropriate steps and implements appropriate safeguards and other measures to prevent the spread of COVID-19, both within the facility or practitioner office and among the general population, in the course of performing elective surgeries and invasive procedures. Nothing in this section shall be construed to authorize the reallocation of any health care practitioner, ancillary staff member, or scarce resource for the performance of an elective surgery or invasive procedure when the practitioner, ancillary staff member, or scare resource is essential to provide care to COVID-19 patients or to help prevent the spread of COVID-19.
b. As used in this section, "elective surgery or invasive procedure" means any surgery or invasive procedure, whether medical or dental, that may be delayed without undue risk to the current or future health of the patient, as determined by the patient's treating practitioner.
2. This act shall take effect immediately and shall expire six months after the end of both the state of emergency and the public health emergency declared in response to the coronavirus disease 2019 pandemic.
STATEMENT
This bill authorizes elective surgeries and invasive procedures to be performed at licensed facilities and by licensed health care practitioners, notwithstanding Executive Order No. 109 of 2020 or any other prohibition to the contrary, during the state of emergency and public health emergency declared in response to the coronavirus disease 2019 (COVID-19) pandemic. As used in the bill, "elective surgery or invasive procedure" means any surgery or invasive procedure, whether medical or dental, that may be delayed without undue risk to the current or future health of the patient, as determined by the patient's treating practitioner. The term includes any surgery or invasive procedure that can be scheduled in advance, and that does not need to be performed immediately or on an urgent basis in order to preserve the life or current health condition of the patient. Elective procedures may include, but are in no case limited to, tonsillectomies, kidney stone removals, mastectomies, hernia surgeries, angioplasties, and certain cancer treatments.
The Governor suspended all elective surgeries and invasive procedures in the State during the COVID-19 emergency with the adoption of Executive Order No. 109 of 2020. This bill would allow these procedures to resume, provided that the facility or practitioner takes appropriate steps and implements appropriate safeguards and other measures to prevent the spread of COVID-19, both within the facility or practitioner office and among the general population. Nothing in the bill is to be construed to authorize the reallocation of any health care practitioner, ancillary staff member, or scarce resource for the performance of an elective surgery or invasive procedure when the practitioner, ancillary staff member, or scare resource is essential to provide care to COVID-19 patients or to help prevent the spread of COVID-19.
It is the sponsor's belief that it is essential that elective surgeries and invasive procedures be allowed to resume in the State to ensure that residents of New Jersey who are experiencing pain and other adverse or debilitating symptoms of treatable health conditions receive the health care services they need as expeditiously as possible.