Bill Text: NJ A5459 | 2018-2019 | Regular Session | Introduced


Bill Title: Concerns continuing education requirements for certain health care providers concerning best practices and advances in care of pregnant women with respect to prescription opioids.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed - Dead) 2019-06-20 - Received in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [A5459 Detail]

Download: New_Jersey-2018-A5459-Introduced.html

ASSEMBLY, No. 5459

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JUNE 6, 2019

 


 

Sponsored by:

Assemblywoman  SHANIQUE SPEIGHT

District 29 (Essex)

Assemblywoman  YVONNE LOPEZ

District 19 (Middlesex)

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

 

Co-Sponsored by:

Assemblywoman Reynolds-Jackson, Assemblyman Armato and Assemblywoman Vainieri Huttle

 

 

 

 

SYNOPSIS

     Concerns continuing education requirements for certain health care providers concerning best practices and advances in the care of pregnant women with respect to prescription opioids.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning continuing education requirements for certain health care providers with respect to prescription opioids and amending various parts of the statutory law.

 

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

 

     1.    Section 3 of P.L.1991, c.97 (C.45:10-19) is amended to read as follows:

     3.    To qualify to prescribe drugs pursuant to section 2 of P.L.1991, c.97 (C.45:10-18), a certified nurse midwife shall have completed 30 contact hours, as defined by the National Task Force on the Continuing Education Unit, in pharmacology or a pharmacology course, acceptable to the board, in an accredited institution of higher education approved by the [Department] Office of the Secretary of Higher Education or the board.  Such contact hours shall include one credit of educational programs or topics on issues concerning prescription opioid drugs, including responsible prescribing practices, alternatives to opioids for managing and treating pain, and the risks and signs of opioid abuse, addiction, and diversion; and one credit on best practices and advances in the care of pregnant women with respect to prescription opioids.

(cf: P.L.2017, c.28, s.14)

 

     2.    Section 10 of P.L.1991, c.377 (C.45:11-49) is amended to read as follows:

     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 the nurse's 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 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, addiction prevention and management[,and]; issues concerning prescription opioid drugs, including responsible prescribing practices, alternatives to opioids for managing and treating pain, and the risks and signs of opioid abuse, addiction, and diversion; and best practices and advances in the care of pregnant women with respect to prescription opioids, 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.

     c.     An advanced practice nurse may prescribe medications and devices in all other medically appropriate settings, 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 a prescription for a controlled dangerous substance;

     (2)   the prescription 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 writes the prescription on a New Jersey Prescription Blank pursuant to P.L.2003, c.280 (C.45:14-40 et seq.), signs the nurse's own name to the prescription and prints the nurse's name and certification number;

     (4)   the prescription is dated and includes the name of the patient and the name, address, and telephone number of the collaborating physician;

     (5)   the physician is present or readily available through electronic communications;

     (6)   the charts and records of the patients treated by the advanced practice nurse are periodically reviewed by the collaborating physician and the advanced practice nurse;

     (7)   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

     (8)   the advanced practice nurse has completed six contact hours of continuing professional education in pharmacology related to controlled substances, including pharmacologic therapy, addiction prevention and management [, and]; issues concerning prescription opioid drugs, including responsible prescribing practices, alternatives to opioids for managing and treating pain, and the risks and signs of opioid abuse, addiction, and diversion; and best practices and advances in the care of pregnant women with respect to prescription opioids, 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.

     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.)

     f.     An attending advanced practice nurse may determine and certify the cause of death of the nurse's patient and execute the death certification pursuant to R.S.26:6-8 if no collaborating physician is available to do so and the nurse is the patient's primary caregiver.

(cf: P.L.2017, c.28, s.15)

 

     3.    Section 3 of P.L.1975, c.24 (C.45:12-9.3) is amended to read as follows:

     3.    Fifty credits of continuing professional optometric education shall be required biennially of each New Jersey optometrist holding an active license during the period preceding the established license renewal date.  Each credit shall represent or be equivalent to one hour of actual course attendance or in the case of those electing an alternative method of satisfying the requirements of this act shall be approved by the board and certified to the board on forms to be provided for that purpose.  Of the 50 credits biennially required under this section, at least one credit shall be for educational programs or topics that concern the prescription of hydrocodone, or the prescription of opioid drugs in general, including responsible prescribing practices, the alternatives to the use of opioids for the management and treatment of pain, and the risks and signs of opioid abuse, addiction, and diversion; and one credit shall be for programs or topics that concern best practices and advances in the care of pregnant women with respect to prescription opioids.

(cf: P.L.2017, c.28, s.17)

 

     4.    Section 18 of P.L.2017, c.28 (C.45:6-10.2a) is amended to read as follows:

     18.  a.  The New Jersey State Board of Dentistry shall require that the number of credits of continuing dental education required of each person licensed as a dentist, as a condition of biennial registration pursuant to R.S.45:6-10 and section 1 of P.L.1972, c.108 (C.45:1-7), include one credit of educational programs or topics concerning prescription opioid drugs, including responsible prescribing practices, alternatives to opioids for managing and treating pain, and the risks and signs of opioid abuse, addiction, and diversion; and one credit of programs or topics concerning best practices and advances in the care of pregnant women with respect to prescription opioids.  The continuing dental education requirement in this subsection shall be subject to the provisions of P.L.1991, c.490 (C.45:6-10.1 et seq.), including, but not limited to, the authority of the board to waive the provisions of this section for a specific individual if the board deems it is appropriate to do so.

     b.    The New Jersey State Board of Dentistry, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to effectuate the purposes of this section.

(cf: P.L.2017, c.28, s.18)

 

     5.    Section 19 of P.L.2017, c.28 (C.45:9-7.8) is amended to read as follows:

     19.  a.  The State Board of Medical Examiners shall require that the number of credits of continuing medical education required of each person licensed as a physician, as a condition of biennial registration pursuant to section 1 of P.L.1971, c.236 (C.45:9-6.1), include one credit of educational programs or topics concerning prescription opioid drugs, including responsible prescribing practices, alternatives to opioids for managing and treating pain, and the risks and signs of opioid abuse, addiction, and diversion; and one credit of programs or topics concerning best practices and advances in the care of pregnant women with respect to prescription opioids.  The continuing medical education requirement in this subsection shall be subject to the provisions of section 10 of P.L.2001, c.307 (C.45:9-7.1), including, but not limited to, the authority of the board to waive the provisions of this section for a specific individual if the board deems it is appropriate to do so.

     b.    The State Board of Medical Examiners, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to effectuate the purposes of this section.

(cf: P.L.2017, c.28, s.19)

 

     6.    Section 20 of P.L.2017, c.28 (C.45:9-27.25a) is amended to read as follows:

     20.  a.  The State Board of Medical Examiners shall require that the number of credits of continuing medical education required of each person licensed as a physician assistant, as a condition of biennial renewal pursuant to section 4 of P.L.1991, c.378 (C.45:9-27.13), include one credit of educational programs or topics concerning prescription opioid drugs, including responsible prescribing practices, alternatives to opioids for managing and treating pain, and the risks and signs of opioid abuse, addiction, and diversion; and one credit of programs or topics concerning best practices and advances in the care of pregnant women with respect to prescription opioids.  The continuing medical education requirement in this subsection shall be subject to the provisions of section 16 of P.L.1991, c.378 (C.45:9-27.25), including, but not limited to, the authority of the board to waive the provisions of this section for a specific individual if the board deems it is appropriate to do so.

     b.    The State Board of Medical Examiners, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to effectuate the purposes of this section.

(cf: P.L.2017, c.28, s.20)

 

     7.    Section 21 of P.L.2017, c.28 (C.45:11-26.3) is amended to read as follows

     21.  a.  The New Jersey Board of Nursing shall require that the number of credits of continuing education required of each person licensed as a professional nurse or a practical nurse, as a condition of biennial license renewal, include one credit of educational programs or topics concerning prescription opioid drugs, including alternatives to opioids for managing and treating pain and the risks and signs of opioid abuse, addiction, and diversion; and one credit of programs or topics concerning best practices and advances in the care of pregnant women with respect to prescription opioids.

     b.    The board may, in its discretion, waive the continuing education requirement in subsection a. of this section on an individual basis for reasons of hardship, such as illness or disability, retirement of the license, or other good cause.  A waiver shall apply only to the current biennial renewal period at the time of board issuance.

     c.     The New Jersey Board of Nursing, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to effectuate the purposes of this section.

(cf: P.L.2017, c.28, s.21)

 

     8.    Section 22 of P.L.2017, c.28 (C.45:14-54.1) is amended to read as follows

     22.  a.  The New Jersey State Board of Pharmacy shall require that the number of credits of continuing pharmacy education required of each person registered as a pharmacist, as a condition of biennial renewal certification, include one credit of educational programs or topics concerning prescription opioid drugs, including alternatives to opioids for managing and treating pain and the risks and signs of opioid abuse, addiction, and diversion; and one credit of programs or topics concerning best practices and advances in the care of pregnant women with respect to prescription opioids. The continuing pharmacy education requirement in this subsection shall be subject to the provisions of section 15 of P.L.2003, c.280 (C.45:14-54), including, but not limited to, the authority of the board to waive the provisions of this section for a specific individual if the board deems it is appropriate to do so.

     b.    The New Jersey State Board of Pharmacy, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to effectuate the purposes of this section.

(cf: P.L.2017, c.28, s.22)

 

     9.    This act shall take effect on the 90th day next following the date of enactment.

 

 

STATEMENT

 

     This bill requires certain health care providers to receive training concerning best practices and advances in the care of pregnant women with respect to prescription opioids.

     Health care professionals who have the authority to prescribe opioid medications, including physicians, physician assistants, dentists, and optometrists (who have limited authority to prescribe only hydrocodone), are currently required to complete one continuing education credit on topics that include responsible prescribing practices, alternatives to opioids for managing and treating pain, and the risks and signs of opioid abuse, addiction, and diversion.  This bill provides that the existing requirements for each of these professionals will now include one credit on best practices and advances in the care of pregnant women with respect to prescription opioids.  For advance practice nurses who have prescribing authority, their required six contact hours of continuing professional education in pharmacology related to controlled substances will also include one contact hour on best practices and advances in the care of pregnant women with respect to prescription opioids.  Certified nurse midwives also will be required to complete one credit of educational programs or topics on best practices and advances in the care of pregnant women with respect to prescription opioids as part of the 30 contact hours in pharmacology training that is required for them to be authorized to prescribe drugs.

     Health care professionals who do not have prescribing authority but who frequently interact with patients who may be prescribed opioids, including pharmacists, professional nurses, and practical nurses, will also be required to complete one continuing education credit on best practices and advances in the care of pregnant women with respect to prescription opioids.

     The continuing education credits required under the bill will be part of the professional's regular continuing education credits and will not increase the total number of continuing education credits required.

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