Tuesday evening, April 14, 2020, New Jersey Governor Murphy signed into law Bill No. S2333, which provides health care professionals, facilities, and systems civil immunity for care given to those affected by COVID-19. The new law additionally authorizes the Director of Consumer Affairs to issue orders temporarily suspending professional and occupational licensing registration requirements. The new law took effect immediately upon the Governor’s signing.
The immunity provisions are not intended to apply to medical services, treatment or procedures that are unrelated to the COVID-19 emergency and only apply to care delivered from March 9, 2020, through the yet-to-be-determined end of the Governor’s state of emergency declared in Executive Order 103 of 2020.
The law includes the following immunity protections:
In addition, the new law grants the Director of the Division of Consumer Affairs, during state of emergency, the authority to temporarily suspend or modify rules relating to the issuance of licenses and certificates for any profession or occupation for which such licenses or certificates are issued by the Division or any board or other body within the Division.
Finally, S2333 also grants the Commissioner of Health, during the state of emergency related to the COVID-19 outbreak, the authority to (1) issue a provisional certification to any emergency medical technician whose certification has previously expired or any paramedic whose certification expired within the past five years; (2) temporarily reactivate a paramedic certification for an individual whose certification was placed on an inactive status within the past five years; and (3) grant temporary reciprocity to certain paramedics.
Ballard Spahr’s Labor and Employment Group and Health Care Group are closely following state and local COVID-19 legislation and other developments related to COVID-19 as they impact the health care workforce.