Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events
During the COVID-19 pandemic, New Jersey Governor Phil Murphy issued an executive order which, among other things, temporarily suspended and waived the requirement that Advanced Practice Nurses (“APNs”) enter into a joint protocol agreement with a collaborating physician in order to prescribe medications and devices. The waiver was intended to allow APNs to practice with expanded autonomy to meet urgent health care demands during the pandemic. Prior to the end of his final term, Governor Murphy issued Executive Order 415, terminating many pandemic emergency declarations and associated waivers, including the waiver of the joint protocol requirement which was set to expire on February 16, 2026. In response, current Governor Mikie Sherrill issued Executive Order 13, extending the COVID-era waiver of joint protocol agreements for 45 days and acknowledging pending legislation, Senate Bill 2996.
Key Changes for APNs
New Jersey Senate Bill 2996 was introduced into the legislature on January 13, 2026 proposing to permanently eliminate practice restrictions that limited APNs’ ability to prescribe and administer medications and devices. In its initial form, Senate Bill 2996 authorized APNs who have completed 24 months or 2,400 hours of licensed, active, advanced nursing to practice without a joint protocol agreement. However, the bill that passed and was eventually signed into law by Governor Mikie Sherrill on March 30, 2026 is significantly different than the version initially proposed.
Under the current law, APNs eligible to practice without a joint protocol agreement must have at least 5,000 hours of licensed, active, advanced nursing practice. In addition to the increased practice hour requirement, the current law only applies to APNs providing primary or behavioral health care. The law defines “primary health care” broadly, including a wide range of care for age groups spanning from perinatal to geriatric. “Behavioral health care” is defined as procedures and services provided for the “treatment of a mental illness, emotional disorder, or drug or alcohol use disorder.”
Notably, the law specifically excludes APNs providing health care services in the area of general obstetrics and APNs providing elective aesthetic or cosmetic services. APNs who provide services in those practice areas will need to enter into a joint protocol agreement with a collaborating physician. The law does not define what constitutes “elective aesthetic or cosmetic services.”
How the Lindabury Health Care Team Can Help
The current law creates immediate compliance issues for health care businesses providing aesthetic or cosmetic services, including, med spas, IV therapy clinics, hormone therapy practices and other non-traditional aesthetic medicine clinical models. Providers should promptly evaluate their organizational structure, policies, and licensure to ensure compliance with current New Jersey health care regulations including the corporate practice of medicine doctrine and New Jersey Board of Nursing and Board of Medical Examiners rules, governing the ownership and operation of health care businesses with respect to the performance of clinical procedures and the prescription of medication and medical devices.
If you have questions regarding how these developments may affect your health care business, please contact a member of Lindabury’s Heath Care practice team.