N.J. Admin. Code § 13:45A-35.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:45A-35.8 - Delegates

(a) A practitioner or a faculty member authorized by a medical or dental teaching facility may designate a delegate or delegates for the purpose of accessing PMP information for a new or current patient, or a prescriber, consistent with the requirements of this subchapter.

1. As set forth in this subsection, for each designated delegate, a practitioner or a faculty member authorized by a medical or dental teaching facility is responsible for the use or misuse of the PMP and the prescription monitoring information, ensuring compliance with the recordkeeping requirements, conducting a bi-annual audit, and verifying the education, training, and licensure or certification requirements for each delegate.

2. A delegate may be an authorized delegate for more than one practitioner.

(b) The director of the medical or dental residency program shall designate the faculty members who are authorized to designate medical or dental residents, as applicable, as delegates. The director of the medical or dental residency program shall comply with the recordkeeping provisions of N.J.A.C. 13:45A-35.10.

(c) Delegates may be designated as follows:

1. A practitioner may designate as a delegate a licensed health care professional or a certified medical assistant who is employed at the practice setting at which the practitioner practices.

i. An individual who is no longer employed at the practice setting at which the practitioner practices is no longer authorized to be a delegate or to access the PMP on behalf of that practitioner.

2. A licensed dentist may designate as a delegate a registered dental assistant who is employed at the practice setting at which the licensed dentist practices dentistry.

i. An individual who is no longer employed at the practice setting at which the licensed dentist practices dentistry is no longer authorized to be a delegate or to access the PMP on behalf of that dentist.

3. A faculty member authorized by a medical teaching facility, in accordance with (b) above, may designate as a delegate a medical resident.

i. An individual who is terminated or withdraws from, or completes the graduate medical education program is no longer authorized to be a delegate or to access the PMP.

ii. A medical resident whose program includes training outside the medical teaching facility shall not be designated as a delegate in that setting unless the delegating practitioner has been designated as an authorized faculty member pursuant to (b) above and the residency program retains responsibility of care for the patient for whom healthcare is provided or information is requested.

4. A faculty member authorized by a dental teaching facility may designate as a delegate a dental resident.

i. An individual who is terminated or withdraws from, or completes the graduate dental education program is no longer authorized to be a delegate or to access the PMP.

5. A practitioner practicing in a hospital's emergency department may designate as a delegate, a medical scribe who is working in a hospital's emergency department.

i. An individual who is no longer employed at the hospital's emergency department at which the practitioner practices is no longer authorized to be a delegate or to access the PMP on behalf of that practitioner.

ii. For purposes of (c)5 above, the medical director of a hospital's emergency department may designate medical scribes working in the emergency department as delegates for a practitioner practicing in a hospital's emergency department. In such cases, the medical director shall be responsible for compliance with (d) and (e) below.

6. A practitioner may designate as a delegate, an athletic trainer who is employed at a clinical practice setting. For purposes of this paragraph, "clinical practice setting" shall mean the setting at which the supervising physician practices.

i. An individual who is no longer employed at the clinical practice setting at which the practitioner practices is no longer authorized to be a delegate or to access the PMP on behalf of that practitioner.

(d) Prior to designating a delegate, a practitioner or an authorized faculty member of a medical or dental teaching facility shall confirm the education, training, and licensure or certification requirements of each delegate.

1. Prior to designating a delegate, a practitioner or an authorized faculty member of a medical or dental teaching facility shall ensure that the delegate understands the limitations on disclosure of the prescription monitoring information, and the Federal and State laws, rules, and regulations concerning the confidentiality of patient information, including the Federal Health Insurance Portability and Accountability Act of 1996, specifically the Federal health privacy rule set forth at 45 CFR Parts 160 and 164.

2. Prior to designating a certified medical assistant as a delegate, a practitioner shall confirm that that the certified medical assistant has completed a minimum of 330 clock-hours of instruction, and which encompasses training in the administration of intramuscular and subcutaneous injections, as well as instruction and demonstration in: pertinent anatomy and physiology appropriate to injection procedures; choice of equipment; proper technique, including sterile technique; hazards and complications; and emergency procedures.

(e) A practitioner or an authorized faculty member of a medical or dental teaching facility who designates a delegate is responsible for the use or misuse by his or her delegate of the PMP and the prescription monitoring information. A practitioner or an authorized faculty member of a medical or dental teaching facility who designates a delegate shall:

1. Terminate the delegate's access to the PMP when a delegate, for any reason, is no longer authorized to be a delegate.

2. Terminate the delegate's access and notify the PMP when a practitioner or an authorized faculty member of a medical or dental teaching facility learns of any potential unauthorized use by a delegate of the PMP or prescription monitoring information.

i. The practitioner or authorized faculty member of a medical or dental teaching facility shall, within five business days of discovering the unauthorized access, notify the Division through the PMP and submit supporting documentation evidencing the unauthorized use.

3. Conduct, at least once every six months, audits of the delegate's use of the PMP to monitor for potential misuse of the PMP or prescription monitoring information.

4. Ensure that the delegate follows the recordkeeping procedures established by the practitioner as set forth in N.J.A.C. 13:45A-35.10(a).

(f) All persons authorized to have online access to PMP information shall not share access to the PMP with any other person or entity.

1. All persons granted access to the PMP shall access the PMP using their own unique user login ID and password. The login ID and password shall not be shared with any other person or entity.

2. All delegates shall identify the practitioner on whose behalf they are accessing the prescription monitoring information.

3. All persons authorized to have online access to PMP information may share such information as set forth in N.J.A.C. 13:45A-35.6.

N.J. Admin. Code § 13:45A-35.8

Adopted by 48 N.J.R. 2374(a), effective 11/7/2016

Amended by 51 N.J.R. 624(a), effective 5/6/2019