February 18, 2026

Governor Sherrill Extends State of Emergency for APNs and PAs; Action Needed to Do the Same for Behavioral Health Programs

Governor Mikie Sherrill recently signed an executive order (EO) that gives advance practice nurses (APNs) and physician assistants (PAs) an additional 45 days to enter into joint protocol or delegation agreements with supervising physicians.

This extension of just certain provisions of EO 103 issued in March of 2020 that are relevant to APNs and PAs looks to avoid disruption in patient care, particularly in underserved communities. While EO 103 had established both a public health emergency (PHE) and state of emergency (SOE), the PHE was ended in 2022, but the SOE remained until earlier this week, leaving authority with Departments and Divisions to maintain the waivers and other changes they had put in place during COVID.

Governor Sherrill stated in a press release, “Many health care professionals across New Jersey are bracing for impact as years-long state of emergency provisions come to an abrupt end. These sudden regulatory changes will have wide-ranging impacts on health care professionals and patients alike – potentially even forcing clinics and small, independent practices to close their doors, making it more difficult for New Jerseyans to access critical health care services.”

This remains true for behavioral health services across the state, with temporary certification of Alcohol and Drug Counselors ended on Monday, February 16, according to the Division of Consumer Affairs (DCA), and a Tuesday, February 17 DCA notice that rules for in-person visits before prescribing Schedule II drugs are reinstated. The disruption does not end there as there were temporary rule modifications put in place early in 2022 for a broad range of Division of Mental Health and Addiction Services (DMHAS) programs. Ending those temporary rules impacts how programs can operate via telehealth, among other changes, essentially abruptly requiring multiple changes to how providers have operated for the past six years.

NJAMHAA has steadily been in contact with DMHAS, DCA and the Governor’s office over the past week and is seeking an EO that will extend all waivers and rule modifications until such time as DMHAS and DCA are able to take other action to stop this disruption of services. We will continue to bring you the latest developments on this serious matter.