Governor Sherrill Signs Executive Order to Extend Flexibilities for Certain Health Care Professionals Until April 2, 2026

Governor Sherrill Signs Executive Order to Extend Flexibilities for Certain Health Care Professionals Until April 2, 2026 - Healthcare Law Update - February 2026 - Brach Eichler
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2/18/2026

On February 13, 2026, Governor Mikie Sherrill signed Executive Order No. 13,  extending the COVID-19 State of Emergency declared in former Governor Murphy’s Executive Order No. 103 (2020) for the limited purpose of providing certain health care professionals more time to finalize joint protocols and delegation agreements with supervising physicians, requirements that were previously waived for the duration of the State of Emergency. The State of Emergency, previously set to expire at 5:00 p.m. on February 16, 2026, will now expire at 5:00 p.m. on April 2, 2026, and full compliance is required by such date.

Healthcare providers and facilities should ensure full compliance with scope of practice, supervision, and collaborative practice requirements that were previously not enforced during the State of Emergency. In particular, providers and facilities should be aware of the following:

  1. The temporary waiver that permitted APNs to prescribe and order medications and devices without a joint protocol with a collaborating physician will expire. APNs must return to full compliance with the statutory requirements for practice, including maintaining a joint protocol with a collaborating physician for prescriptive authority.
  2. The temporary waiver that permitted Physician Assistants (PAs) to practice without a delegation agreement and physician supervision will expire.  PAs must return to full compliance with the statutory requirements for practice, including maintaining a delegation agreement with a supervising physician.
  3. Providers practicing in New Jersey under a temporary or foreign license will need to transition to a full New Jersey license in order to continue practicing.

The extension of the State of Emergency gives the New Jersey Legislature additional time to consider Senate Bill 2996, introduced on January 13, 2026 to expand the scope of practice for APNs, before the temporary supervision waivers expire.  If passed, Senate Bill 2996 would allow certain experienced APNs to practice independently of a collaborating physician.  In particular, the Bill would permit APNs who have completed 24 months or 2,400 hours of licensed, active, advanced nursing practice to practice without a joint protocol with a collaborating physician.  In addition, APNs-Anesthesia who have completed 24 months or 2,400 hours of licensed, active, advanced nursing practice would be authorized to practice without any requirement for supervision by a physician and without any requirement that the APN-Anesthesia enter into joint protocols with a physician.

We Can Help

To ensure full compliance with Executive Order No. 13 by the April 2, 2026 deadline, contact us to review and update your collaborative practice arrangements and to address any questions you may have.

John D. Fanburg, Esq., Managing Member and Chair, Healthcare Law, jfanburg@bracheichler.com, 973.403.3107

Carol Grelecki, Esq., Member, Healthcare Law, cgrelecki@bracheichler.com, 973.403.3140

Edward Hilzenrath, Esq., Member, Healthcare Law, ehilzenrath@bracheichler.com, 973.403.3114

Rebecca T. Falk, Esq., Associate, Healthcare Law, rfalk@bracheichler.com, 973.364.8393

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

Related Practices:   Healthcare Law

Related Industry:   Healthcare