On December 12, the Superior Court of New Jersey, Appellate Division, upheld a New Jersey Department of Health (NJDOH) regulation requiring anesthesiologists to supervise nurse anesthetists when they administer anesthesia in hospitals.

New Jersey Association of Nurse Anesthetists, Inc. v. New Jersey Department of Health and Senior Services addressed the validity of a regulation issued by the NJDOH that requires the “physical presence of a collaborating anesthesiologist (CA) during induction, emergence and critical change in status when an Advanced Practice Nurse/Anesthesia (APN/A) administers general or major regional anesthesia, conscious sedation or minor regional blocks in a hospital.”

The New Jersey Association of Nurse Anesthetists challenged the physical presence requirement, arguing among other things that the NJDOH exceeded its authority. In ruling against the New Jersey Association of Nurse Anesthetists, the court referenced previous case law holding that the “administration...

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