New Rule Requires Maternal Healthcare Givers In NJ To Undergo Bias Training

Advancing ongoing efforts to address pronounced racial disparities in maternal and infant health outcomes in New Jersey, Attorney General Matthew J. Platkin and the Division of Consumer Affairs today announced proposed rules aimed at eliminating biases that negatively impact the quality of care delivered by health care providers to women of color during pregnancy, labor, delivery, postpartum, and neonatal periods.

The proposed rules, published in the New Jersey Register today, would require physicians, nurses, and midwives who provide perinatal treatment and care to pregnant persons in New Jersey to undergo implicit and explicit bias training to root out prejudices and stereotypes that may affect the quality of care that they provide. A similar proposed rule for physician assistants was published on June 17, 2024.

The rules implement P.L. 2021, c.079, which Governor Murphy signed as part of his Administration’s efforts to reduce the rates or maternal and infant mortality in New Jersey and to ensure equitable care among women and children of all races, religions, and ethnicities.

Under existing rules for the State Board of Medical Examiners and the New Jersey Board of Nursing, licensees are required to complete continuing education credit hours as a condition of biennial licensure. Under new rules proposed by both Boards, licensees who provide perinatal treatment and care to pregnant persons would be required to complete one of those training hours in programs or topics concerning explicit and implicit bias.

The proposed rules address a key recommendation in the Nurture NJ Maternal and Infant Health Strategic Plan, which calls for the State to institute continuing education requirements for licensed health professionals on implicit bias.

The proposed rules set forth the topics that the continuing education course must cover, including:

  • identifying previous and current unconscious biases and misinformation when providing perinatal treatment and care to, or interacting with, pregnant persons;
  • identifying environmental, personal, interpersonal, institutional, and cultural barriers to inclusion;
  • information on the effects of historical and contemporary exclusion and oppression of minority communities;
  • information about cultural identity across racial, ethnic, and other marginalized groups;
  • information about communicating more effectively across racial, ethnic, religious, and gender identities;
  • information about reproductive justice;
  • a discussion on power dynamics and organizational decision-making and their effects on explicit and implicit bias;
  • a discussion on inequities and racial, ethnic, and other disparities within the field of perinatal care, and how explicit and implicit bias may contribute to pregnancy-related deaths and maternal and infant health outcomes;
  • corrective measures to decrease explicit and implicit bias at the interpersonal and institutional levels; and
  • review of the annual report of the New Jersey Maternal Mortality Review Committee.

Following the publication of the proposed rules, there will be a 60-day public comment period during which stakeholders have an opportunity to submit written comments on the proposed rules.

The comment period for the proposed rules for physicians, nurses, and midwives ends on September 13, 2024. The comment period for the proposed rules for physician assistants closes on August 16, 2024.

After the close of the public comment period, the Boards will review comments. A summary of the public comments and the Boards’ responses to them will be published in a Notice of Adoption expected in 2025. Upon publication of the Notice of Adoption, the rule becomes final and will take effect in 90 days.

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