New Jersey § 45:11-23

§ 45:11-23.

As used in this act: a. The words “ the board ” mean the New Jersey Board of Nursing created by this act. b. The practice of nursing as a registered professional nurse is defined as diagnosing

and treating human responses to actual or potential physical and emotional health

problems, through such services as casefinding, health teaching, health counseling,

and provision of care supportive to or restorative of life and well-being, and executing

medical regimens as prescribed by a licensed or otherwise legally authorized physician

or dentist. Diagnosing in the context of nursing practice means the identification of and discrimination

between physical and psychosocial signs and symptoms essential to effective execution

and management of the nursing regimen within the scope of practice of the registered

professional nurse. Such diagnostic privilege is distinct from a medical diagnosis. Treating means selection and performance of those therapeutic measures essential

to the effective management and execution of the nursing regimen. Human responses means those signs, symptoms, and processes which denote the individual's

health need or reaction to an actual or potential health problem. The practice of nursing as a licensed practical nurse is defined as performing tasks

and responsibilities within the framework of casefinding; reinforcing the patient

and family teaching program through health teaching, health counseling and provision

of supportive and restorative care, under the direction of a registered nurse or licensed

or otherwise legally authorized physician or dentist. The terms “ nursing ,” “ professional nursing ,” and “ practical nursing ” as used in this act shall not be construed to include nursing by students enrolled

in a school of nursing accredited or approved by the board performed in the prescribed

course of study and training, nor nursing performed in hospitals, institutions and

agencies approved by the board for this purpose by graduates of such schools pending

the results of the first licensing examination scheduled by the board following completion

of a course of study and training and the attaining of age qualification for examination,

or thereafter with the approval of the board in the case of each individual pending

results of subsequent examinations; nor shall any of said terms be construed to include

nursing performed for a period not exceeding 12 months unless the board shall approve

a longer period, in hospitals, institutions or agencies by a nurse legally qualified

under the laws of another state or country, pending results of an application for

licensing under this act, if such nurse does not represent or hold himself or herself

out as a nurse licensed to practice under this act; nor shall any of said terms be

construed to include the practice of nursing in this State by any legally qualified

nurse of another state whose engagement made outside of this State requires such nurse

to accompany and care for the patient while in this State during the period of such

engagement, not to exceed six months in this State, if such nurse does not represent

or hold himself or herself out as a nurse licensed to practice in this State; nor

shall any of said terms be construed to include nursing performed by employees or

officers of the United States Government or any agency or service thereof while in

the discharge of his or her official duties; nor shall any of said terms be construed

to include services performed by nurses aides, attendants, orderlies and ward helpers

in hospitals, institutions and agencies or by technicians, physiotherapists, or medical

secretaries, and such duties performed by said persons aforementioned shall not be

subject to rules or regulations which the board may prescribe concerning nursing;

nor shall any of said terms be construed to include first aid nursing assistance,

or gratuitous care by friends or members of the family of a sick or infirm person,

or incidental care of the sick by a person employed primarily as a domestic or housekeeper,

notwithstanding that the occasion for such employment may be sickness, if such incidental

care does not constitute professional nursing and such person does not claim or purport

to be a licensed nurse; nor shall any of said terms be construed to include services

rendered in accordance with the practice of the religious tenets of any well-recognized

church or denomination which subscribes to the art of healing by prayer. A person who is otherwise qualified shall not be denied licensure as a professional

nurse or practical nurse by reason of the circumstances that such person is in religious

life and has taken a vow of poverty. c. “ Homemaker-home health aide ” means a person who is employed by a home care services agency and who is performing

delegated nursing regimens or nursing tasks delegated through the authority of a duly

licensed registered professional nurse. No homemaker-home health aide shall follow a delegated nursing regimen or perform

tasks which are delegated unless the homemaker-home health aide is under the supervision

of a duly licensed registered professional nurse provided by the home care services

agency that directly employs the homemaker-home health aide. “ Home care services agency ” means home health agencies, assisted living residences, comprehensive personal care

homes, assisted living programs or alternate family care sponsor agencies licensed

by the Department of Health pursuant to P.L.1971, c. 136 ( C.26:2H-1 et al.), nonprofit homemaker-home health aide agencies, and health care service firms

regulated by the Director of the Division of Consumer Affairs in the Department of

Law and Public Safety and the Attorney General pursuant to P.L.1989, c. 331 ( C.34:8-43 et seq. ) and P.L.1960, c. 39 ( C.56:8-1 et seq. ) respectively, which are engaged in the business of procuring or offering to procure

employment for homemaker-home health aides, where a fee may be exacted, charged or

received directly or indirectly for procuring or offering to procure that employment. d. “ Advanced practice nurse ” means a person who holds a certification in accordance with section 8 or 9 of P.L.1991, c. 377 ( C.45:11-47 or 45:11-48 ). e. “ Collaborating physician ” means a person licensed to practice medicine and surgery pursuant to chapter 9 of

Title 45 of the Revised Statutes who agrees to work with an advanced practice nurse. Nothing in this act shall confer the authority to a person licensed to practice nursing

to practice another health profession as currently defined in Title 45 of the Revised

Statutes.