N.J. Stat. » Title 45 — PROFESSIONS AND OCCUPATIONS
New Jersey Statutes

N.J. Stat. § 45:11-23 (2026)

Definitions

✓ current as of May 2026
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1. As used in this act:

a. The words "the board" mean the New Jersey Board of Nursing created by this act.

b. The practice of nursing as a registered professional nurse is defined as diagnosing and treating human responses to actual or potential physical and emotional health problems, through such services as casefinding, health teaching, health counseling, and provision of care supportive to or restorative of life and well-being, and executing medical regimens as prescribed by a licensed or otherwise legally authorized physician or dentist. Diagnosing in the context of nursing practice means the identification of and discrimination between physical and psychosocial signs and symptoms essential to effective execution and management of the nursing regimen within the scope of practice of the registered professional nurse. Such diagnostic privilege is distinct from a medical diagnosis. Treating means selection and performance of those therapeutic measures essential to the effective management and execution of the nursing regimen. Human responses means those signs, symptoms, and processes which denote the individual's health need or reaction to an actual or potential health problem.

The practice of nursing as a licensed practical nurse is defined as performing tasks and responsibilities within the framework of casefinding; reinforcing the patient and family teaching program through health teaching, health counseling and provision of supportive and restorative care, under the direction of a registered nurse or licensed or otherwise legally authorized physician or dentist.

The terms "nursing," "professional nursing," and "practical nursing" as used in this act shall not be construed to include nursing by students enrolled in a school of nursing accredited or approved by the board performed in the prescribed course of study and training, nor nursing performed in hospitals, institutions and agencies approved by the board for this purpose by graduates of such schools pending the results of the first licensing examination scheduled by the board following completion of a course of study and training and the attaining of age qualification for examination, or thereafter with the approval of the board in the case of each individual pending results of subsequent examinations; nor shall any of said terms be construed to include nursing performed for a period not exceeding 12 months unless the board shall approve a longer period, in hospitals, institutions or agencies by a nurse legally qualified under the laws of another state or country, pending results of an application for licensing under this act, if such nurse does not represent or hold himself or herself out as a nurse licensed to practice under this act; nor shall any of said terms be construed to include the practice of nursing in this State by any legally qualified nurse of another state whose engagement made outside of this State requires such nurse to accompany and care for the patient while in this State during the period of such engagement, not to exceed six months in this State, if such nurse does not represent or hold himself or herself out as a nurse licensed to practice in this State; nor shall any of said terms be construed to include nursing performed by employees or officers of the United States Government or any agency or service thereof while in the discharge of his or her official duties; nor shall any of said terms be construed to include services performed by nurses aides, attendants, orderlies and ward helpers in hospitals, institutions and agencies or by technicians, physiotherapists, or medical secretaries, and such duties performed by said persons aforementioned shall not be subject to rules or regulations which the board may prescribe concerning nursing; nor shall any of said terms be construed to include first aid nursing assistance, or gratuitous care by friends or members of the family of a sick or infirm person, or incidental care of the sick by a person employed primarily as a domestic or housekeeper, notwithstanding that the occasion for such employment may be sickness, if such incidental care does not constitute professional nursing and such person does not claim or purport to be a licensed nurse; nor shall any of said terms be construed to include services rendered in accordance with the practice of the religious tenets of any well-recognized church or denomination which subscribes to the art of healing by prayer. A person who is otherwise qualified shall not be denied licensure as a professional nurse or practical nurse by reason of the circumstances that such person is in religious life and has taken a vow of poverty.

c. "Homemaker-home health aide" means a person who is employed by a home care services agency and who is performing delegated nursing regimens or nursing tasks delegated through the authority of a duly licensed registered professional nurse. No homemaker-home health aide shall follow a delegated nursing regimen or perform tasks which are delegated unless the homemaker-home health aide is under the supervision of a duly licensed registered professional nurse provided by the home care services agency that directly employs the homemaker-home health aide. "Home care services agency" means home health agencies, assisted living residences, comprehensive personal care homes, assisted living programs or alternate family care sponsor agencies licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), nonprofit homemaker-home health aide agencies, and health care service firms regulated by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety and the Attorney General pursuant to P.L.1989, c.331 (C.34:8-43 et seq.) and P.L.1960, c.39 (C.56:8-1 et seq.) respectively, which are engaged in the business of procuring or offering to procure employment for homemaker-home health aides, where a fee may be exacted, charged or received directly or indirectly for procuring or offering to procure that employment.

d. "Advanced practice nurse" means a person who holds a certification in accordance with section 8 or 9 of P.L.1991, c.377 (C.45:11-47 or 45:11-48).

e. "Collaborating physician" means a person licensed to practice medicine and surgery pursuant to chapter 9 of Title 45 of the Revised Statutes who agrees to work with an advanced practice nurse.

Nothing in this act shall confer the authority to a person licensed to practice nursing to practice another health profession as currently defined in Title 45 of the Revised Statutes.

Notes of Decisions
Cited in 16 cases (8 in the last 5 years), 1956–2024 · leading case: Szemple v. Univ. of Med. & Dentistry, 162 F. Supp. 3d 423 (D.N.J. 2016).
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Szemple v. Univ. of Med. & Dentistry, 162 F. Supp. 3d 423 (D.N.J. 2016). · cites it 2× “a registered professional nurse pursuant to [ N.J. Stat. Ann. § 45:11-23 to - 67]; j. a health care facility as defined in [ N.”
Sermchief v. Gonzales, 660 S.W.2d 683 (Mo. 1983). “1981); N.J.Stat.Ann. § 45:11-23 b (1978); N.M.Stat.”
Hill Int'l, Inc. v. Atl. City Bd. Of Educ. Cobra Constr. Co., Inc. v. Atl. City Bd. of Educ., 106 A.3d 487 (N.J. Super. Ct. App. Div. 2014). “a registered professional nurse pursuant to [N.J.S.A. 45:11-23 to -67]; j. a health care facility as defined in [N.”
Regan v. Lenkowsky, 137 F. Supp. 133 (D.N.J. 1956). · cites it 2× “It is not disputed that the plaintiff is not and never has been licensed as a practical nurse, and it is true that the agreement alleged and testified to by her provided that she should render “companionship and services by way of practical nursing care”.”
Raphael Rodriguez, Etc. Vs. New Jersey Dep't of Corr. (l-0568-16, Cumberland Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). · cites it 7× “Turning to the expert testimony at issue here, pertinent to this appeal, N.J.S.A. 45:11-23(b) provides in part: The practice of nursing as a registered professional nurse is defined as diagnosing and treating human responses to actual or potential physical and emotional health…”
Barbara Allen, Etc. v. Manor Care of Vorhees Nj, LLC (l-1556-18, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022). · cites it 6× “Such a conclusion exceeds the diagnostic privilege associated with a nurse's day-to-day care and treatment of a patient.”
Est. of Annette Jacobs Vs. Princeton Med. Ctr. (l-0914-16, Mercer Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). · cites it 4× “1999) (finding trial court erred in accepting nurse's opinion testimony regarding identity and cause of condition, constituting medical diagnosis prohibited by N.J.S.A. 45:11-23(b), statute regulating practice of nursing); see also Ryan v.”
Joseph Polimeda, Etc. v. M.R. of Teaneck, LLC (N.J. Super. Ct. App. Div. 2024). · cites it 3× “He further maintains One Marlin Rifle is nearly twenty- five years old and "does not reflect the more recent trends in healthcare associated with a more open and collaborative approach to healthcare between medical doctors and nurses.”
Wrable v. Cmty. Mem. Hosp., 501 A.2d 187 (N.J. Super. Ct. App. Div. 1985). “Plaintiff is a licensed professional nurse in the State of New Jersey, having fulfilled the requirements set forth in N.J.S.A. 45:11-23 et seq. She holds a master's degree in psychiatric mental health nursing from Rutgers University and is certified as a clinical specialist in…”
Jackson v. Miller (D.N.J. 2024). · cites it 2× “§ 45:9-1 to -58]” and “a registered professional nurse pursuant to [N.J.S.A. § 45:11-23 to -67.]” N.J.S.A. § 2A:53A-26.”
In the Matter of the License of Kevin Mccafferty, Etc., to Practice Nursing in the State of New Jersey (Div. of Consum. Affairs) (N.J. Super. Ct. App. Div. 2017). “"The Board maintains oversight of professional licensing for nurses" pursuant to the Nurses Practice Act (the Act), N.J.S.A. 45:11-23 to -52. In re Eastwick Coll.”
Hazel Patrick, Etc. v. Elmwood Evesham Assocs., LLC (l-2764-17, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022). “The judge noted the motion focused on unpublished opinions, and ruled that it would be inappropriate for him to reverse himself based on non-authoritative cases that he was prohibited from citing by Rule 1:36-3.”
Show all 16 citing cases →
— N.J. Stat. § 45:11-23(b) — 7 cases
Raphael Rodriguez, Etc. Vs. New Jersey Dep't of Corr. (l-0568-16, Cumberland Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “Turning to the expert testimony at issue here, pertinent to this appeal, N.J.S.A. 45:11-23(b) provides in part: The practice of nursing as a registered professional nurse is defined as diagnosing and treating human responses to actual or potential physical and emotional health…”
Barbara Allen, Etc. v. Manor Care of Vorhees Nj, LLC (l-1556-18, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022). “Such a conclusion exceeds the diagnostic privilege associated with a nurse's day-to-day care and treatment of a patient.”
Est. of Annette Jacobs Vs. Princeton Med. Ctr. (l-0914-16, Mercer Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “1999) (finding trial court erred in accepting nurse's opinion testimony regarding identity and cause of condition, constituting medical diagnosis prohibited by N.J.S.A. 45:11-23(b), statute regulating practice of nursing); see also Ryan v.”
Joseph Polimeda, Etc. v. M.R. of Teaneck, LLC (N.J. Super. Ct. App. Div. 2024). “He further maintains One Marlin Rifle is nearly twenty- five years old and "does not reflect the more recent trends in healthcare associated with a more open and collaborative approach to healthcare between medical doctors and nurses.”
Hazel Patrick, Etc. v. Elmwood Evesham Assocs., LLC (l-2764-17, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022). “The judge noted the motion focused on unpublished opinions, and ruled that it would be inappropriate for him to reverse himself based on non-authoritative cases that he was prohibited from citing by Rule 1:36-3.”
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