We have just received excellent news from the New Jersey Association of Nurse Anesthetists (NJANA). The New Jersey Supreme Court has granted the NJANA's petition for review of the New Jersey appellate court's adverse decision upholding that state's restrictive office anesthesia rules. Although it does not guarantee ultimate victory in the case, the New Jersey Supreme Court's action is a significant accomplishment because the court grants only a small percentage of the large number of
petitions it receives.

As we previously informed you, in early November 2004, a New Jersey appellate court upheld the restrictive rules. The New Jersey Supreme Court will review that decision and the underlying legal challenge. At this stage, the court has not yet set a timeline for additional briefing in the case. (Earlier this month, the New Jersey Supreme Court stayed
(prohibited) implementation and enforcement of the restrictive office rules pending the outcome of the legal proceedings. The rules, therefore, are currently not in effect, and until the court issues an order lifting the stay or terminating the proceedings, New Jersey nurse anesthetists can continue to work with surgeons in the office setting.)


Several parties, including the AANA, filed amicus briefs in support of the NJANA's petition for certification. Those parties include the American Nurses Association, the New Jersey State Nurses Association, the Health Professionals and Allied Employees, American Federation of Teachers, AFL-CIO (the state union, which represents registered nurses and CRNAs) and the American Federation of Teachers, AFL-CIO (the national union, which represents more than 60,000 registered nurses).
The Medical Society of New Jersey filed an amicus brief opposing the NJANA's petition and supporting the New Jersey State Board of Medical Examiners' and the New Jersey State Society of Anesthesiologists'
position opposing the petition.

As you know, New Jersey is the only state in the nation to mandate that CRNAs work under the supervision of an anesthesiologist or a physician with anesthesia privileges in physician offices. Overturning the appellate court's decision, therefore, is important to CRNAs and nurses nationally.

We will continue to update you as important developments occur in the case. In addition, we will post an update concerning this ruling on the AANA Web site as soon as possible.

As always, please do not hesitate to contact us if you have any questions.

Barbara L. Anderson, JD
AANA State Legislative Affairs Associate
Phone: (847) 655-1133
Fax: (847) 692-6968
blanderson@aana.com

Mitchell H. Tobin, JD
Senior Director, Professional Practice Affairs American Association of Nurse Anesthetists
222 S. Prospect Avenue
Park Ridge, IL 60068-4001
Phone: (847) 655-1131
Fax: (847) 692-6968
mtobin@aana.com
AANA Web site: http://www.aana.com