New Jersey - Volume VI, Number 12 - December, 1997
New Jersey - Volume VI, Number 12 - December, 1997
WARRANTLESS SEARCHES OF DOCTORS' OFFICE TO CONTINUE IF MEDICAL BOARD HAS ITS WAY.
The New Jersey Board of Medical Examiners ("Board") yesterday upheld the right of its Enforcement Bureau to conduct unannounced, warrantless, blanket searches of doctors' offices and all of their contents, including all books and records. The search which led to this ruling was conducted after a patient complained that the physician provided her with a free sample of an outdated over-the-counter medication. The Board imposed a $1000 fine against the doctor for failing to cooperate with the search but stayed the fine so long as the doctor permits the inspection prior to January 8, 1998. The physician will appeal and the Medical Society of New Jersey has intervened as amicus curiae on behalf of the physician and, by arrangement with Kern Augustine, has expanded the Physician Advocacy ProgramŽ to provide representation to physicians faced with these warrantless searches. Information concerning this has been mailed to all members of the Medical Society. For more information, call Kern Augustine.
STATE BOARD OF MEDICAL EXAMINERS APPROVES NEW RULES
The New Jersey State Board of Medical Examiners ("Board") has approved for publication two new sets of rules. Over one year ago (Statlaw, Vol.5, No.11), the Board proposed surgical and anesthesia standards for physician offices. The regulations have now been adopted by the Board and will significantly impact the ability of physicians to perform surgery in their offices. Among other restrictions, no physician can either perform surgery or administer anesthesia in his or her office without hospital credentialing or the Board's alternative credentialing. For a complete analysis of the new regulation call Kern Augustine. Also, as previously discussed in Statlaw (Vol.6, No.10), the Board has proposed rules governing physician delegation of tasks to diagnostic radiologic technologists and nuclear medicine technologists. The proposal specifies tasks that can be delegated to unlimited license diagnostic radiologic technologists as well as those with a limited license (chest, dental, podiatric, orthopedic, and urologic x-ray), as well as the parameters for directing a nuclear medicine technologist to inject radioactive and non-radioactive materials. The rule requires direct physician supervision in some cases and for the physician to personally certify and document the radiologic technologist's training and competency.
STANDARDS CONSIDERED FOR INVASIVE COSMETIC PROCEDURES
On December 1st, the New Jersey Department of Health and Senior Services ("Department") announced that it is considering proposing rules governing sanitary standards for invasive cosmetic procedures ("ICP"), which includes tattooing (both decorative and cosmetic micropigmentation), body piercing (possibly including ear piercing), and branding (yes--you read that right--branding). Based on mostly anecdotal reports from physicians and consumers, the Department is concerned about disease transmission (including HBV, HCV and HIV) and treatment of minors in the performance of ICP. The public, members of the medical profession, and practitioners of ICP are asked to submit written comments by December 31, 1997, focusing on several areas, including limiting to physicians the right to apply permanent eyeliner to the public. Contact Kern Augustine for more information.