April 3, 2020 | Comments Off on Governor’s Executive Order 112 Gives Civil Immunity To Healthcare Facilities and Limited Group of Practitioners
Posted by Anjali Baxi
Below is a summary of the Executive Order 112, which was issued in an effort to expand the capacity of NJ’s healthcare by (i) waiving certain requirements to allow retired and foreign physicians to become temporarily licensed in NJ; (ii) removing certain limits on the scope of practice for Advanced Practice Nurses and Physician Assistants, for the duration of the longer of the State of Emergency or Public Health Emergency; and (iii) providing civil immunity for acts done in good faith in furtherance to the State’s COVID-19 response by the temporary licensees, APN/PAs and healthcare facilities, including hospitals and nursing homes. Notably, there is no civil immunity for private practitioners, who are not employees or agents of hospitals, to provide care outside of their scope of practice to COVID-19 patients.
Retired Physicians
For the duration of the State of Emergency/Public Health Emergency, whichever is longer:
Foreign Physicians
For the duration of the State of Emergency/Public Health Emergency, whichever is longer:
Advanced Practice Nurses (APN)
For the duration of the State of Emergency/Public Health Emergency, whichever is longer:
Physician Assistants (PA)
For the duration of the State of Emergency/Public Health Emergency, whichever is longer:
Immunity from Civil Liability
Civil liability immunity for good faith acts or omissions, whether or not within the scope of practice (where applicable), in the course of providing healthcare services in support of the NJ’s COVID-19’s response. This applies to:
Under N.J.S.A. 26:13-2, “Health care facility” means any non-federal institution, building or agency, or portion thereof whether public or private for profit or nonprofit that is used, operated or designed to provide health services, medical or dental treatment or nursing, rehabilitative, or preventive care to any person.
Health care facility includes, but is not limited to: an ambulatory surgical facility, home health agency, hospice, hospital, infirmary, intermediate care facility, dialysis center, long-term care facility, medical assistance facility, mental health center, paid and volunteer emergency medical services, outpatient facility, public health center, rehabilitation facility, residential treatment facility, skilled nursing facility, and adult day care center.
Health care facility also includes, but is not limited to, the following related property when used for or in connection with the foregoing: a laboratory, research facility, pharmacy, laundry facility, health personnel training and lodging facility, patient, guest and health personnel food service facility, and the portion of an office or office building used by persons engaged in health care professions or services.
CDS Registration
For the duration of the State of Emergency/Public Health Emergency, whichever is longer, no CDS Registration is required for registering for the Prescription Monitoring Program (PMP) for anyone granted a temporary license by the DCA who holds a valid DEA registration.
Signature Requirements for Prepaid Funeral Arrangements
For the duration of the State of Emergency/Public Health Emergency, whichever is longer, written signature requirements for certain prepaid funeral arrangements and authorization to commence funeral services can be met by electronic signature.