Four days before his final term as governor was set to expire, New Jersey Governor Phil Murphy signed Executive Order 415, ending the State’s long-standing COVID-19 Emergency. Amongst other things, Executive Order 415 terminates the ability of Advanced Practice Nurses (APNs) to prescribe medications or medical devices without a joint protocol with a collaborating physician.
Executive Order 415 terminated most COVID-19 emergencies immediately at 5 p.m. Jan. 16, 2026. However, certain COVID-19 waivers will remain in place until Feb. 16, 2026 in order to allow APNs ample time to wrap up any COVID-era emergency exceptions that may still be utilized.
Joint Protocol Requirements Reinstated
New Jersey law requires that, before prescribing any medication or medical device, an APN must enter a joint protocol with a physician licensed to practice in New Jersey (see NJAC 13:37-8.1 and NJSA 45:11-49). Joint protocols must adhere to certain standards promulgated by the New Jersey Board of Nursing.
Currently, twenty-eight states grant nurse practitioners full practice authority, which permits nurse practitioners in those states to diagnose, order and interpret diagnostic tests, initiate and manage treatments and prescribe medications and controlled substances under the exclusive licensure authority of the state board of nursing[1]. New Jersey could potentially become the next state to join this list. A few days before Executive Order 415 was signed, on January 13, 2026, Senate Bill 2996 was introduced in the New Jersey legislature. This bill would permit certain APNs with over 2,400 hours of licensed, active, advanced nursing practice experience to practice independently. Senate Bill 2996 is the latest attempt to grant APNs independent practice. It remains to be seen whether this bill will gain traction as prior similar attempts at legislation expanding the scope of APN practice in New Jersey have failed.
Until Senate Bill 2996 becomes law, or until new Governor Mikie Sherrill takes any action to the contrary, all APNs in New Jersey must ensure they are practicing within the scope of New Jersey law. This includes, but is not limited to, being party to a joint protocol, and otherwise complying with Board of Nursing regulations. Failure to practice within the Board of Nursing’s requirements may result in penalties from the Board.
How Frier Levitt Can Help
Given the reinstatement of pre-pandemic regulatory requirements and the limited wind-down period for certain COVID-era waivers, New Jersey APNs should promptly assess their current practice structures for compliance. Frier Levitt has extensive experience representing and guiding Advanced Practice Nurses in New Jersey and across the country. Contact a Frier Levitt attorney today to learn more about the revised 2026 practice requirements and potential alternate corporate structures such as the management services organization or “MSO” model.
[1] Note that the precise legal meaning of “full practice authority” still varies amongst these states. As such, APNs considering practicing in a new state should always consult with legal counsel regarding each state’s specific requirements.
