05/22/2020
4 WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. 26:13-1 et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers, which I have invoked; NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT: 1.Beginning at 5:00 a.m. on Tuesday, May 26, 2020, the suspension on elective surgeries and invasive procedures instituted in Executive Order No. 109 (2020) is rescinded. 2.Elective surgeries and invasive procedures, as defined by Executive Order No. 109 (2020), may proceed at health care facilities, subject to limitations and precautions set forth in policies, which may include but are not limited to Executive Directives, to be issued by the Department of Health, in consultation with the Division of Consumer Affairs, by Monday, May 18, 2020. The policies to be issued by the Department of Health will address relevant considerations, such as the following: a.Which types of facilities can resume these procedures; b.Which specific facilities are eligible to resume these procedures, based upon their current or potential capacity; c.Whether facilities will be required to prioritize certain procedures, and if so, what considerations should guide these decisions;
5 d.Personal Protective Equipment requirements for facilities that resume these procedures; e.Staffing requirements for facilities that resume these procedures; f.Whether facilities should cohort COVID-19 and non-COVID-19 patients; g.Requirements for patients seeking these procedures to undergo testing, self-quarantine, or other preventive measures, as applicable; h.Policies surrounding visitors; i.Policies surrounding discharge of patients after the procedures are completed; and j.Reporting metrics regarding the resumption of these procedures. 3.Elective surgeries and invasive procedures, as defined by Executive Order No. 109 (2020), performed by licensed health care providers practicing in outpatient settings not licensed by the Department of Health (e.g., health care professional offices, clinics, and urgent care centers) may proceed, subject to limitations and precautions set forth in policies, which may include but are not limited to rules and administrative orders, to be issued by the Division of Consumer Affairs, in consultation with the Department of Health, by Monday, May 18, 2020. The policies to be issued by the Division of Consumer Affairs will address relevant considerations, such as the following: a.The categories of licensed health care providers who may resume these procedures; b.Whether licensed health care providers in outpatient settings will be required to prioritize certain procedures, and if so, what considerations should guide these decisions;
6 c.Personal Protective Equipment requirements for outpatient settings where such procedures are resumed; d.Staffing requirements for outpatient settings where such procedures are resumed; e.How licensed health care providers and outpatient settings can minimize person-to-person contact and facilitate social distancing; f.Requirements for patients seeking these procedures to undergo testing, self-quarantine, or other preventive measures, as applicable; g.Policies surrounding companions; h.Policies surrounding patient follow-up after the procedures are completed; and i.Recordkeeping and reporting requirements. 4.The Department of Health and/or the Division of Consumer Affairs may issue supplemental or amended policies concerning elective surgeries and elective invasive procedures on or after Monday, May 18, 2020, which shall be similarly enforceable, or rescind such policies at a later date. 5.Any actions taken by the Commissioner of the Department of Health and/or the Director of the Division of Consumer Affairs pursuant to this Order shall not be subject to the requirements of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. 6.It shall be the duty of every person or entity in this State or doing business in this State and of the members of the governing body and every official, employee, or agent of every political subdivision in this State and of each member of all other governmental bodies, agencies, and authorities in this State of any nature whatsoever, to cooperate fully in all matters concerning this Order.
7 7.Penalties for violations of this Order may be imposed under, among other statutes, N.J.S.A. App. A:9-49 and -50. 8.This Order shall take effect immediately. GIVEN, under my hand and seal this 15th day of May, Two Thousand and Twenty, and of the Independence of the United States, the Two Hundred and Forty-Fourth. [seal] /s/ Philip D. Murphy Governor Attest: /s/ Matthew J. Platkin Chief Counsel to the Governor
