02/13/2026
In January 2026, New Jersey took a regressive step in healthcare policy by enacting Executive Order 415, which terminated pandemic-era waivers that permitted Advanced Practice Nurses (APNs) to practice independently. By requiring a return to mandatory "joint protocols" and physician supervision for prescribing, this action heavily disadvantages nurse practitioners (NPs) and harms patient access to care. This reversal forces independent, often female-owned, practices into a corner: they must either hire physicians at substantial, often exploitative costs to manage the medical aspects of their businesses, sell their practices, or risk losing their licensure.
The dismantling of independent practice is, at its core, an anti-competitive maneuver that ignores the evolution of healthcare delivery. Currently, 27 states, along with Washington, D.C., authorize full independent practice for nurse practitioners. Studies have shown that in states where these restrictions are removed, healthcare access increases, particularly in underserved, rural, or Health Professional Shortage Areas (HPSA). Furthermore, evidence demonstrates that malpractice rates are consistently lower for nurse practitioners compared to physicians, reinforcing that independence does not equate to a decrease in safety.
Forcing APNs to return to supervision under physicians creates a financial burden that often borders on extortion. Physicians have historically abused these mandated supervision provisions by charging excessive, "usurious" fees for little to no direct supervision, effectively acting as middlemen who extract profits from the labor of nurses. These forced collaborations often become a barrier to care, particularly when physicians are unavailable in underserved areas, as they force NPs to limit their practice despite having the expertise to provide it.
The Federal Trade Commission (FTC) has long maintained that state laws mandating physician supervision are often anticompetitive and work against the public interest. These laws stifle innovation and prevent creative solutions to providing care, particularly when physician shortages are widespread. The FTC’s position is that such restrictions restrict the ability of NPs to provide care, thus undermining the efficiency of the healthcare system.
By restricting independent practice, New Jersey is prioritizing professional protectionism over patient safety and access. Unless state governments allow the evolution and expansion of practice for nurses, the United States will remain a country with high educational standards for health professionals but also persistently high,, and preventable, chronic disease and mortality rates. Promoting, rather than restricting, full practice authority is crucial for a modern, accessible, and high-quality healthcare system.