COVID-19 State of Emergency Ends – APNs and Other Healthcare Providers Impacted

COVID-19 State of Emergency Ends - APNs and Other Healthcare Providers Impacted - Healthcare Law Alert - January 2026 - Brach Eichler
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1/26/2026

On January 16, 2026, Governor Phil Murphy signed Executive Order No. 415, formally terminating several long-standing states of emergency in New Jersey, including the COVID-19 State of Emergency, which was originally declared in Executive Order No. 103 in March 2020. Effective as of February 16, 2026, at 5:00 p.m., the flexibilities that certain healthcare providers were granted in 2020, such as the ability of advanced practice nurses (APNs) to practice independently without joint protocols with a collaborating physician, will be rescinded.  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 or 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.

Coinciding with the Executive Order, Senate Bill 2996 was introduced in the New Jersey Senate on January 13, 2026, to expand the scope of practice for APNs.  If passed, the Bill would represent a major shift in healthcare regulation, allowing 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.

If you have questions or require additional information, please contact

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

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