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Ex. NJ-006 Order Primary source read

Executive Order No. 109 (2020)

Suspension of all elective surgeries and invasive procedures, medical and dental; PPE inventory reporting; Division of Consumer Affairs scope-of-practice orders

Governor Philip D. Murphy · New Jersey (State)

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The COVID Project

The record

Jurisdiction
New Jersey
Level
State
Authority
N.J.S.A. App. A:9-33 et seq.; N.J.S.A. 26:13-1 et seq.
Issued
2020-03-23 Mar. 23, 2020
Effective
Suspension effective 5:00 p.m. Friday, March 27, 2020 (para. 1); order effective immediately (para. 13) (read as 2020-03-27)
End
Suspension rescinded 5:00 a.m. Tuesday, May 26, 2020 (EO 145 para. 1), subject to Department of Health and Division of Consumer Affairs resumption protocols (read as 2020-05-26)
In force
Mar. 27, 2020 to May 26, 2020
Quarters
2020 Q2
Limitation types
Business closureHealth care orders
Addressees
  • hospitals and ambulatory surgery centers
  • physicians and dentists
  • every business or non-hospital health care facility holding PPE, ventilators or anesthesia machines
  • licensees of the Division of Consumer Affairs boards
Functions reached
  • SX/PR surgery and elective procedures suspended
  • CH/PR dental chairside and aerosol-generating elective procedures suspended
  • OC/DX outpatient procedures suspended
  • SC PPE (inventory reporting; reallocation)
  • CB patients (cancellations)
Collection
New Jersey NJ

Operative words

Para. 1: "Beginning at 5:00 p.m. on Friday, March 27, 2020, all 'elective' surgeries performed on adults, whether medical or dental, and all 'elective' invasive procedures performed on adults, whether medical or dental, are suspended in the State. An 'elective' surgery or invasive procedure, for purposes of this Order, is defined as any surgery or invasive procedure that can be delayed without undue risk to the current or future health of the patient as determined by the patient's treating physician or dentist." Para. 6: "All elective surgeries or invasive procedures, whether medical or dental, already scheduled for after 5:00 p.m. on Friday, March 27, 2020, are to be cancelled or postponed indefinitely." Para. 7: "Any business or non-hospital health care facility, including but not limited to dental facilities, construction facilities, research facilities, office-based healthcare or veterinary practices, and institutions of higher learning, in possession of PPE, ventilators, respirators, or anesthesia machines that are not required for the provision of critical health care services should undertake an inventory of such supplies and send that information to the State by no later than 5:00 p.m. on Friday, March 27, 2020." Para. 8: the Director of the Division of Consumer Affairs "is authorized and empowered... to issue orders restricting or expanding the scope of practice for any category of healthcare professional or veterinarian licensed by a board in the Division of Consumer Affairs, including but not limited to, orders restricting elective surgeries, procedures, and examinations".

Enforcement

Para. 12: N.J.S.A. App. A:9-49 and -50; para. 3: hospitals and ASCs must adopt written guidelines and furnish them to DOH

Notes

The dental board's regulator (Division of Consumer Affairs) was armed by para. 8 to restrict scope of practice; the dental suspension is in the Governor's own text ("whether medical or dental"). Hospitals, physician practices, dental practices and ASCs lost their elective lines from March 27 to May 26, 2020 by force of law.

Retrieval note

Read from nj.gov.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.