New Jersey Department of Health Proposes New Rules at N.J.A.C. 8:77 Establishing Licensure of Embryo Storage Facilities

TRENTON, NJ - The New Jersey Department of Health is proposing a new rule at N.J.A.C.8:77, Licensure of Embryo Storage Facilities.

N.J.A.C. 8:77 would implement N.J.S.A. 26:2A-23 et seq., which requires the Department to establish rules governing the licensure, regulation, and operation of embryo storage facilities (ESF). The proposed new rule would require an ESF to establish administrative and operational policies and procedures, maintain records, report certain events, and conduct operations, including standards addressing personnel, physical plant, safety, emergency preparedness, and quality management. The proposed new rules would establish Department enforcement remedies and procedures to address violations, which would include the imposition of monetary penalties, and the suspension, revocation, or refusal to renew, an ESF's license, and would provide appeal procedures.

The Notice of Proposal appears in the September 15, 2025, issue of the New Jersey Register. Persons wishing to comment on the proposal must submit written comments either electronically by November 14, 2025, to nj.gov/health/legal/ecomments.shtml, or by regular mail postmarked by November 14, 2025, to Kimberly E. Jenkins, Director, Office of Legal and Regulatory Compliance, New Jersey Department of Health, PO Box 360, Trenton, NJ 08625-0360.

LexisNexis® provides free online access to the New Jersey Register through the website of the New Jersey Office of Administrative Law at nj.gov/oal/rules/accessp. An unofficial copy of the Notice of Proposal is available on the Department's website at nj.gov/health/legal/rules.

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The New Jersey Department of Health is a nationally accredited health department working to ensure that all New Jerseyans live long, healthy lives and reach their fullest potential. With more than 5,500 employees, the Department serves to protect the public's health, promote healthy communities, and continue to improve the quality of health care in New Jersey.