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Currently, in New Jersey, issues of legal regulation of medical activity are addressed with increased relevance. There are several practice agreements, such as practice authority and prescriptive authority regulations. In these practice restraints, medical institutions often face legal issues that need to be considered not only within the framework of medical law, but also constitutional, administrative, civil, and criminal. Analysis of the studied medical and legal literature allows us to conclude that today there is no unambiguous approach to the consideration of medical law as a branch of law, academic discipline, and science. Opinions of lawyers and physicians are often opposed to each other.
First physician collaboration issue
In the first physician collaboration issue of New Jersey, the subject of medical law does not coincide with the question of social security law. The practice authority agreement can be described as a protocol requiring the physician’s approval of medications (Buppert, 2015). The legal nature of the subject of medical law in public relations, where the process of therapeutic activity and medical care does not coincide with the right view of the issue of social security law. The sphere of social relations is not homogeneous since the items and objects of these relations are different. For example, one of the subjects of links included in the matter of social security law is a citizen, and the other is the state represented by its bodies or trade unions, which are delegated appropriate powers.
The second physician collaboration issue
The second physician collaboration issue of New Jersey characterizes medical law as a complex branch of legislation, which is a combination of regulations and individual norms controlling relations in the field of healthcare. The prescriptive authority can be described as a consultation with a physician to supervise prescription privileges (Bai, Gaits, & Wunderlich, 2015). Analyzing the New Jersey legislation of various branches of the law of constitutional, criminal, civil, labor, it can be concluded that the structure of this branch of legislation includes the norms of many branches of law (Cogan, Conway, & Atkins, 2017). There is every reason to consider the bill on health care a complex section of the legislation.
Barriers and plan
There are barriers for independent NPs, such as commonality restraint, which keeps the practitioners bound to follow the state protocol. In general, the sphere of social relations of medical law as an integrated branch of law is reduced to one area of public life, where health care and public health are governed by the norms of various parts of the law. According to many lawyers of New Jersey, medical regulations cannot be considered as an integrated branch of law (Atkins, 2018). The outline plan would focus on enabling independent nurse practitioners to innovate and implement beneficial nursing practices without consensual supervision. In addition, the outline would include unmonitored prescription of mainstream medications, such as antibiotics, and antidepressants. Intricate branches of law are perhaps the most mysterious phenomenon in the legal system.
In conclusion, today in New Jersey state there is a certain number of circumstances that impede the adequate development of medical law as a branch of law, academic discipline, and science. Among them, it is necessary to single out the main ones, which are largely decisive and on the solution of which the formation of public opinion about this emerging branch of law largely depends. As mentioned above, for all the complexity of the emergence, development, and formation of new branches of law, it is necessary to single out the criteria for sectoral division in law, which include the subject and method of legal regulation.
Atkins, R. (2018). Four lessons learned from school nurses in New Jersey about building a culture of health. NASN School Nurse, 33(2), 106–108.
Bai, Y. K., Gaits, S. I., & Wunderlich, S. M. (2015). Workplace lactation support by New Jersey employers following US reasonable break time for Nursing Mothers law. Journal of Human Lactation, 31(1), 76–80.
Buppert, C. (2015). The Employed Nurse Practitioner. In Nurse Practitioner’s Business Practice and Legal Guide. Burlington, MA: Jones & Bartlett.
Cogan, R. M., Conway, S. M., & Atkins, J. D. (2017). Redesigning school nursing education in New Jersey to address the challenges and opportunities of population health. NASN School Nurse, 32(2), 83–86.