A meeting of the New Jersey State Board of Medical Examiners was held on Wednesday, August 12, 2009 at the Richard J. Hughes Justice Complex, 25 Market Street, 4th Floor Conference Center, Trenton, New Jersey. The meeting was called to order by President Paul C. Mendelowitz, M.D.

ROLL CALL

PRESENT

Board Members Berkowitz, Cheema, Ciechanowski, Criss, DeGregorio, Iannuzzi, Jordan, Lambert, Lomazow, Reichman, Mendelowitz, Nussbaum, Paul, Rajput, Scott, Stanley, Walsh and Weiss.

EXCUSED

Board Members Bender.

ALSO PRESENT

Deputy Attorneys General Dick, Ehrenkrantz, Flanzman, Gelber, Levine, Warhaftig; Executive Director William V. Roeder.

STATEMENT CONCERNING THE
ANNUAL NOTICE OF PUBLIC MEETINGS

The requirements of the “Open Public Meetings Act” were satisfied by notice of this meeting given in the annual notice adopted by the New Jersey State Board of Medical Examiners on September 10, 2008 which was transmitted to the ATLANTIC CITY PRESS, STAR LEDGER, CAMDEN COURIER POST, ASBURY PARK PRESS, BERGEN RECORD and the TRENTON TIMES, all on the 1st day of October 2008.

ANNOUNCEMENTS

MINUTES THE BOARD, UPON MOTION MADE AND SECONDED, VOTED TO APPROVE THE JULY 8, 2009 OPEN BOARD MINUTES.

NEW BUSINESS

1. PROPOSED AMENDMENTS TO
NEW JERSEY UNIFORM
PRESCRIPTION BLANKS PROGRAM

Attached was a copy of proposed amendments to the New Jersey Uniform Prescription Blanks Program. Comments are due by September 2, 2009.

THE BOARD ACCEPTED THIS AS INFORMATIONAL WITHOUT COMMENT.

2. NATIONAL HEALTHCAREER ASSOCIATION

Attached was correspondence from the National HealthCareer Association requesting to be a recognized certifying body approved by the BME for Medical Assistants.

THE BOARD, UPON MOTION MADE AND SECONDED, VOTED TO APPROVE THE NATIONAL HEALTHCAREER ASSOCIATION AS A CERTIFYING BODY FOR MEDICAL ASSISTANTS.

3. ASSEMBLY BILL NO. 2504

Seeks to require certain ambulatory care facilities to provide services to patients without regard to ability to pay or the source of payments.

Dr. Paul recused from discussion and vote in this matter and pushed back from the table.

THE BOARD, UPON MOTION MADE AND SECONDED, VOTED THAT IT GENERALLY SUPPORTS MEASURES THAT SEEK TO EXPAND ACCESS TO HEALTH CARE FOR THOSE THAT MIGHT BE UNDER INSURED OR THE NON INSURED, IT EXPRESSED CONCERN ABOUT THE VERY NARROW AND RESTRICTIVE DEFINITION OF THE FACILITIES THAT WOULD BE SUBJECT TO PROVIDE THESE SERVICES. IT FURTHER OBSERVED THAT THE LIMITING CRITERION DID NOT APPEAR TO BE IN THE BEST INTEREST OF THE PUBLIC.

4. ASSEMBLY BILL NO. 3135

Seeks to reinstate the certificate of need requirement for ambulatory surgical facilities.

Dr. Paul recused from discussion and vote in this matter and pushed back from the table.

THE BOARD, UPON MOTION MADE AND SECONDED, VOTED TO TAKE NO POSITION ON THE BILL AS IT QUESTIONED THE IMPETUS IN LIGHT OF RECENT STATUTORY AMENDMENTS.

5. SENATE BILL NO. 2273

Seeks to authorize minors to consent to forensic sexual assault examination in the absence of parental consent, if, in the judgement of the health care professional, the minor appears to have been sexually assaulted.

Ms. DeGregorio recused from discussion and vote in this matter and pushed back from the table.

THE BOARD, UPON MOTION MADE AND SECONDED, VOTED TO SUPPORT THE LEGISLATION.

OLD BUSINESS

Nothing Scheduled.

INFORMATIONAL

None.

PUBLIC COMMENT

Dawn Durain, C.N.M. of Hopewell, New Jersey was introduced. Ms. Durain will be attending Board meetings as time permits in her capacity as Vice President of the American College of Nurse-Midwives.

Dr. Benjamin Levine attempted to address the Board on his reinstatement application. He was informed that this was not the proper venue as he has an ongoing matter before the Board. The Board President suggested that he submit his concerns in writing and that the Executive Committee would review the matter later in the month.

Respectfully submitted,

Paul C. Mendelowitz, M.D., President