Insights & Resources

The New Jersey Health Care Transparency Act (the “Act”) becomes effective on July 1, 2021. The Act requires health care professionals to clearly inform patients of their training and qualifications when they are providing in-person care to patients and when advertising their practice. These requirements may necessitate new name badges and in-office signage.

In brief, when providing in-person care, a health care professional must include his or her specific professional license and professional degree on a name tag or embroidered identification.  If providing direct patient care at a hospital, the health care professional’s identification must also include a recent photograph. Any advertisement for a health care professional licensed or certified to practice under State law to include the type of license the professional holds.  A sign must be displayed in health care settings identifying the license(s) that the health care professional(s) hold, and, in any location where a physician collaborates with advanced practice nurses or physician assistants, the hours during which the physician is generally on premises.

“Health care professional” includes physicians, physician assistants, nurses, dentists, optometrists, pharmacists, chiropractors, acupuncturists, physical and occupational therapists, orthotists and prosthetists, psychologists, ophthalmic dispensers and technicians, audiologists and speech-language pathologists, and psychoanalysts.  The Act expressly excludes veterinarians or health care professional working in non-patient care settings who do not have any director patient care interactions.
 

• Identification Requirements. When providing in-person care, a health care professional must communicate the specific professional license and professional degree the professional holds. This information may be communicated through a name tag or embroidered identification. Such identification must include, at a minimum, the full name of the health care professional and the professional license and degree issued to them. The full first name and first letter of last name may be used in an ambulatory care facility, a behavioral health care facility, a hospital, or a long-term care facility (at the discretion of the facility administrators). If providing direct patient care at a hospital, the health care professional’s identification must also include a recent photograph. These requirements do not apply to telehealth or telemedicine services.
   
• Advertising Rules. The Act requires that any advertisement for a health care professional licensed or certified to practice under State law to include the type of licensure the professional was issued. Advertisements must exclude “deceptive or misleading information” relating to the health care professional, including, but not limited to, any affirmative communication or representation that misstates, falsely describes, holds out, or falsely details the professional’s skills, training, expertise, education, public or private board certification, or licensure.
   
• Signage Requirements. A poster (or other signage) with sufficiently-sized font is to be placed in a clear and conspicuous manner in the office(s) where the health care professional provides health care services to patients in an ambulatory setting. The poster must convey the type of licensure and professional degree held by the professional. With respect to this requirement, an “office” does not include in-patient hospital or emergency department patient care. This requirement does not apply to telehealth or telemedicine services.
   
• Physician’s Hours Must Be Posted in an Office Shared with Supervised Health Care Professionals. If a physician supervises or participates in collaborative practice agreements with non-physician health care professionals (e.g., PAs and APNs) who provide in-person patient care at the same practice location as the physician, the physician must clearly and conspicuously post in each office the schedule of regular hours when the physician is present in such office. In this case, the use of “office” does not include in-patient hospital or emergency department patient care.
   
• Board Certification Advertising Restrictions. The Act creates certain restrictions on advertising or holding oneself out as being certified by a public or private board of medicine. Advertisement of board certification is permitted if the board is a member of the American Board of Medical Specialties (ABMS) or the American Osteopathic Association (AOA). A non-ABMS or non-AOA board must require certain prerequisites for certification outlined in the Act in order for such certified professional to advertise the board certification.

 
Should you have any questions regarding the above or if you are currently being audited and need assistance, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at info@garfunkelwild.com.