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Delta-Lawyer, Lawyer
Category: Employment Law
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Experience:  In-House Counsel & Litigator
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I'm a cosmetic Registered Nurse, practicing in the state of

Customer Question

I'm a cosmetic Registered Nurse, practicing in the state of NY. I also have a RN NJ license
Can I inject Botox and Juvederm in MD office in NJ? Just was offered a position
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well. I am a licensed attorney with over a decade of experience handling matters such as this one. It is a pleasure to assist you today.

When it comes to laser procedures (even including hair removal), the law is quite restrictive in specifying that these are non-delegable, physician-only procedures. N.J. Admin. Code § 13:35-4A.12(d) (2009).

Regarding injectable agents, it is the opinion of the medical authorities that Botex falls under the same principles (non-delegable, physician-only), but that there is no position statement concerning Collagen injections and/or Microdermabrasion. Written Minutes, June 20, 2003, Physician Assistant Advisory Committee of the New Jersey Board of Medical Examiners. From a nursing standpoint, unfortunately there has been no position statement or advisory opinion issued by the New Jersey Board of Nursing. Likewise, the statutes, rules and regulations are silent on the points you have raised. So, it comes down to a matter of an individual nurse following the appropriate Decision-Making Model Algorithm.

The bot***** *****ne is that this area of the law is still evolving and in a state of flux with precious little guidance available. This is especially true in the areas you have raised, as while the Medical Board opinions are certainly instructive, they are in no way binding over nurses in terms of official jurisdiction.

I would caution against it unless you are working under the specific direction and observation of a physician. Moreover, one other consideration here is whether or not your malpractice coverage would cover such a procedure. In all likelihood, your action in this regard would not be covered by malpractice insurance and you would be personally liable if something were to go wrong.

At the very least, I would get written approval from the malpractice carrier before engaging in this activity.

Let me know if you have any other questions. Please also rate my answer positively (three or more stars) so that I can receive credit for my work.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Let me know if you have any other questions or comments. I want to make sure you are as comfortable with this issue as possible moving forward. Thanks!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking in...I want to make sure all is as well as can be here.