Attorney General Matthew J. Platkin and the Division of Consumer Affairs have announced proposed rules to address racial disparities in maternal and infant health outcomes in New Jersey. The rules, published today in the New Jersey Register, require healthcare professionals who provide perinatal care to undergo bias training.
The proposed regulations mandate implicit and explicit bias training for physicians, nurses, and midwives treating pregnant individuals. A similar rule for physician assistants was introduced on June 17, 2024. These measures are part of P.L. 2021, c.079, signed by Governor Murphy to reduce maternal and infant mortality rates and ensure equitable care across all demographics.
Governor Murphy stated, “For far too long, far too many expecting mothers of color have been disrespected, overlooked, and underserved during their pregnancies and birthing experiences." He emphasized that this rule proposal is crucial in addressing these injustices.
First Lady Tammy Murphy highlighted the importance of culturally competent care: “Today’s rule proposal by Attorney General Platkin and the Division of Consumer Affairs is a necessary step that builds on the work of the Nurture NJ initiative.”
Attorney General Platkin noted that despite medical advances, women of color still face higher rates of pregnancy-related complications than white women. "We’re committed to eradicating underlying biases that serve as a barrier to quality healthcare for too many women of color in our state," he said.
Cari Fais, Acting Director of the Division of Consumer Affairs added that healthcare professionals are essential to ensuring healthy outcomes for mothers and children in New Jersey. "Requiring them to become trained in implicit and explicit biases will raise their awareness," she said.
Health Commissioner Kaitlan Baston acknowledged systemic racism's impact on preventable pregnancy-related deaths: “Requiring implicit and explicit bias training is another step in the right direction.”
Lisa Asare from the New Jersey Maternal and Infant Health Innovation Authority stressed that many women of color have had their concerns ignored due to biases: “Today we move closer to a reality where all mothers receive culturally competent care."
The new rules align with recommendations from the Nurture NJ Maternal and Infant Health Strategic Plan which calls for continuing education on implicit bias for licensed health professionals. The required course topics include identifying unconscious biases, understanding barriers to inclusion, learning about cultural identities across marginalized groups, effective communication strategies across diverse identities, reproductive justice information, discussions on power dynamics' effects on bias, examining inequities within perinatal care fields contributing to disparities in health outcomes.
There will be a 60-day public comment period ending September 13th for physicians/nurses/midwives’ rules or August 16th for physician assistants’ rules. Post-comment review summaries will be published in a Notice of Adoption expected in 2025 with final rules taking effect 90 days after publication.
To view or comment on proposed rules:
- For Physician Assistants - 56 N.J.R. 1067(a)
- For Physicians - 56 N.J.R. 1230(a)
- For Nurses - 56 N.J.R. 1231(a)
- For Midwives - 56 N.J.R. 1228(b)
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