N.J. Stat. § 26:2BB-1 — NJ Code / Title 26 / Chapter 2BB / Section 2BB-1
Findings, declarations
Status: in_force

1. The Legislature finds and declares that: substance use disorders are major health problems facing the residents of this State; aspects of these problems extend into many areas under various State departments; placement in, but not of, the State Department of the Treasury is the most appropriate and logical location for focusing a coordinated planning and review effort to ameliorate these problems and for establishing a Governor's Council Substance Use Disorder as an independent coordinating, planning, research and review body regarding all aspects of substance use disorder; and establishing a Division of Mental Health and Addiction Services within the State Department of Human Services will enhance the effectiveness of the State's role in formulating comprehensive and integrated public policy and providing effective treatment, prevention and public awareness efforts against substance use disorders. The Legislature further finds and declares that: as the cooperation and active participation of all communities in the State is necessary to achieve the goal of reducing substance use disorder, there should be established within the Governor's Council on Substance Use Disorder, an Alliance to Prevent Substance Use Disorder, to unite the communities of this State in a coordinated and comprehensive effort; and that the full resources of this State including counties, municipalities and residents of the State must be mobilized in a persistent and sustained manner in order to achieve a response capable of meaningfully addressing not only the symptoms but the root causes of this pervasive problem. L. 1989, c. 51, s. 1; amended 2023, c.177, s.70.
N.J. Stat. § 26:12-10 — NJ Code / Title 26 / Chapter 12 / Section 12-10
Revocation of certificate of approval; violations; penalty; collection by summary proceeding
Status: in_force

The commissioner, upon notice and hearing, may revoke the certificate of approval and may impose a penalty not exceeding $1,000.00 for any violation of this act or of any rule or regulation duly issued hereunder or order issued pursuant thereto. If any penalty imposed pursuant to this act is not paid, then the penalty shall be sued for and recovered by and in the name of the commissioner in a summary proceeding under the Penalty Enforcement Law (N.J.S.2A:58-1 et seq.). In such summary proceeding, the commissioner need only prove that notice was given, a hearing held, a decision rendered and a penalty imposed which has not been paid. Where any violation of this act or of any rule or regulation duly issued hereunder is of a continuing nature, each day during which such violation continues after the date fixed by the commissioner in any order or notice for the correction or termination of such violation or each day the camp operates without a valid certificate of approval or continues to operate after notification of revocation of its certificate of approval, shall constitute an additional, separate and distinct violation, except during the time an appeal from said order or notice may be taken or is pending. L.1973, c. 375, s. 10, eff. Jan. 9, 1974.
N.J. Stat. § 26:2-147 — NJ Code / Title 26 / Chapter 2 / Section 2-147
Objection to test
Status: in_force

The provisions of this act shall not apply if the pregnant woman objects to the test. L. 1987, c. 166, s. 5.
N.J. Stat. § 26:2N-2 — NJ Code / Title 26 / Chapter 2N / Section 2N-2
Pertussis immunization pamphlet.
Status: in_force

2. The commissioner shall prepare and make available to all health care providers in the State and parents and guardians, upon request, a pamphlet which explains the benefits and possible adverse reactions to immunizations for pertussis. This pamphlet may contain any information which the commissioner deems necessary and may be revised by the department whenever new information concerning these immunizations becomes available. The pamphlet shall include the following information: a. A list of the immunizations required for admission to a public or private school in the State; b. Specific information regarding the pertussis vaccine which includes: (1) The circumstances under which pertussis vaccine should not be administered or should be delayed, including the categories of persons who are significantly more vulnerable to major adverse reactions than are members of the general population; (2) Possible adverse reactions to pertussis vaccine and the early warning signs or symptoms that may be precursors to a major adverse reaction which, upon occurrence, should be brought to the immediate attention of the health care provider who administered the vaccine; (3) A form that the parent or guardian may use to monitor symptoms of a possible adverse reaction and which includes places where the parent or guardian can record information about the symptoms that will assist the health care provider; and (4) Measures that a parent or guardian should take to reduce the risk of, or to respond to, a major adverse reaction including identification of who should be notified of the reaction and when the notification should be made. The commissioner shall prepare the pamphlet in consultation with the Medical Society of New Jersey and shall adopt by regulation the information contained in the pamphlet, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). L.1986, c.134, s.2; amended 2012, c.45, s.114.
N.J. Stat. § 26:3A2-20.2 — NJ Code / Title 26 / Chapter 3A2 / Section 3A2-20.2
Authority of Cannabis Regulatory Commission.
Status: in_force

7. The Cannabis Regulatory Commission established pursuant to section 31 of P.L.2019, c.153 (C.24:6I-24) and the Commissioner of Health are authorized to coordinate and enforce the provisions of section 6 of P.L.2021, c.25 (C.2A:170-51.11) with respect to the prohibition on the sale or distribution of cannabis items, as defined in section 3 of P.L.2021, c.16 (C.24:6I-33), to persons under 21 years of age. The commission, or commissioner, or both, may delegate the enforcement authority provided in this section to local health agencies, subject to the availability of sufficient funding. The commission, in consultation with the commissioner, shall report on the enforcement program's progress, results of enforcement efforts, and other matters the commission deems appropriate in the commission's annual report on personal use cannabis activities that is prepared pursuant to paragraph (3) of subsection a. of section 14 of P.L.2009, c.307 (C.24:6I-12). L.2021, c.25, s.7.
N.J. Stat. § 26:2D-52 — NJ Code / Title 26 / Chapter 2D / Section 2D-52
Failure to pay or file objections
Status: in_force

If any affected operator of a nuclear electric generating facility, to which a statement for the amount assessed against it as provided in this act has been rendered, fails to pay the amount within 30 days, or fails to file with the State Treasurer objections to the statement as provided herein, the State Treasurer shall proceed to collect the amount stated to be due, with legal interest, by seizure and sale of any goods or chattels, including stocks, securities, bank accounts, evidences of debt and accounts receivable belonging to the affected operator of a nuclear electric generating facility anywhere within the State. L.1981, c. 302, s. 16, eff. Oct. 27, 1981. Amended by L.1984, c. 98, s. 6, eff. July 1, 1985.
N.J. Stat. § 26:2K-32 — NJ Code / Title 26 / Chapter 2K / Section 2K-32
Functions limited
Status: in_force

Nothing in this act shall be interpreted to permit an EMT-intermediate to perform the duties or fill the position of another health professional employed by a hospital, except that the EMT-intermediate may perform those functions that are necessary to assure the orderly transfer of a patient receiving pre-hospital intermediate life support services to hospital staff upon arrival at an emergency department and that are necessary to obtain the required clinical training in the provision of intermediate life support services required by the department. L. 1985, c. 351, s. 13.
N.J. Stat. § 26:2C-30 — NJ Code / Title 26 / Chapter 2C / Section 2C-30
Proclamation by Governor
Status: in_force

The declaration by proclamation of the Governor of an air pollution emergency and any order issued by the Governor pursuant to such declaration shall be given maximum publicity throughout the State. L.1967, c. 108, s. 5, eff. June 15, 1967.
N.J. Stat. § 26:2D-23.2 — NJ Code / Title 26 / Chapter 2D / Section 2D-23.2
Designation or definition of additional categories or subcategories
Status: in_force

The department may, pursuant to the "Administrative Procedure Act" P.L.1968, c. 410 (C. 52:14B-1 et seq.), designate or define any categories or subcategories of radioactive material covered under this act, except radiopharmaceuticals and radioactive substances, the principal purpose of which is associated with the manufacture of the radiopharmaceuticals, to be banned from areas designated by the department. The department shall only do so where it finds that such material may create an unwarranted hazard to public safety and where the transportation of the material in the area is not essential to the public welfare. L.1983, c. 345, s. 2.
N.J. Stat. § 26:2H-36 — NJ Code / Title 26 / Chapter 2H / Section 2H-36
Legislative findings
Status: in_force

The Legislature finds: a. Many senior citizens in the State are residing in boarding homes or nursing homes. Their life, safety, health and welfare is largely dependent upon the conditions and care provided in these homes; b. Some homes are providing inadequate medical and nursing care, inadequate living conditions, and are in substantial or habitual violation of Federal or State laws or regulations concerning health, safety or resident care; c. It is necessary in order to protect the public welfare and the residents of the homes that a summary statutory procedure be established to eliminate substantial or habitual deficiencies in resident care or living conditions or violations of Federal or State laws or regulations in these homes. L.1977, c. 238, s. 1, eff. Sept. 29, 1977.
N.J. Stat. § 26:2H-12.48 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.48
Provision of copy of brochure to pregnant patients.
Status: in_force

3. A health care professional shall provide to each patient to whom that individual is providing prenatal care, as early as practicable in the health care professional's therapeutic relationship with the patient, preferably in the first trimester, a copy of the brochure prepared by the Division of Family Health Services in the Department of Health that may be downloaded from the website of the department, which is designed to answer common questions about umbilical cord and placental blood donation and storage, including the NMDP-affiliated public umbilical cord blood bank and private umbilical cord blood bank options and the differences between and benefits of these options. The health care professional shall offer to discuss the information contained in the brochure with the patient. L.2007, c.247, s.3; amended 2012, c.17, s.204.
N.J. Stat. § 26:3-15 — NJ Code / Title 26 / Chapter 3 / Section 3-15
Vacancy in office of assessor member
Status: in_force

In a township having a population of not more than twenty thousand inhabitants, which is subject to the provisions of this subdivision of this article, in case of the death, removal, or resignation of an assessor before the time of electing his successor, the township clerk shall succeed the assessor as a member of the local board, and shall continue as a member until an assessor shall be elected or appointed. Amended by L.1953, c. 349, p. 1921, s. 10.
N.J. Stat. § 26:6B-5 — NJ Code / Title 26 / Chapter 6B / Section 6B-5
Certain office abolished; functions, powers duties transferred to the Office of the Chief State Medical Examiner.
Status: in_force

5. a. The Office of the State Medical Examiner in the Department of Law and Public Safety, established pursuant to section 2 of P.L.1967, c.234 (C.52:17B-79), is abolished; and all of its functions, powers, and duties are transferred to the Office of the Chief State Medical Examiner in the Department of Health established hereunder, subject to the provisions of this act and in accordance with the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.). b. All appropriations and other monies available, and to become available, to the Office of the State Medical Examiner in the Department of Law and Public Safety, established pursuant to section 2 of P.L.1967, c.234 (C.52:17B-79) and abolished pursuant to this act, are continued in the Office of the Chief State Medical Examiner in the Department of Health established hereunder and shall be available for the objects and purposes for which these monies are appropriated, subject to the provisions of this act and any other terms, restrictions, limitations, or other requirements imposed by law. c. All contracts or agreements that have been executed, as of the effective date of this act, between the Office of the Attorney General and the Northern or Southern Regional Offices of the State Medical Examiner shall be transferred to the Office of the Chief State Medical Examiner in the Department of Health, and continued as if the Office of the Chief State Medical Examiner was the original party to the contract or agreement. d. Whenever the term "State Medical Examiner" occurs or any reference is made thereto in any law, rule, regulation, order, contract, document, judicial or administrative proceeding, or otherwise, the same shall be deemed to mean or refer to: the "Chief State Medical Examiner" designated as the head of the Office of the Chief State Medical Examiner in the Department of Health established hereunder; or any person appointed to the position of "Deputy Chief State Medical Examiner" and acting on behalf of the Chief State Medical Examiner. L.2018, c.62, s.5.
N.J. Stat. § 26:2H-64 — NJ Code / Title 26 / Chapter 2H / Section 2H-64
Effect of instruction directive
Status: in_force

12. a. If the patient has executed an instruction directive but has not designated a health care representative, or if neither the designated health care representative or any alternate designee is able or available to serve, the instruction directive shall be legally operative. If the instruction directive provides clear and unambiguous guidance under the circumstances, it shall be honored in accordance with its specific terms by a legally appointed guardian, if any, family members, the physicians, nurses, other health care professionals, health care institutions, and others acting on the patient's behalf. b. If the instruction directive is, in the exercise of reasonable judgment, not specific to the patient's medical condition and the treatment alternatives, the attending physician, in consultation with a legally appointed guardian, if any, family members, or others acting on the patient's behalf, shall exercise reasonable judgment to effectuate the wishes of the patient, giving full weight to the terms, intent, and spirit of the instruction directive. Departure from the specific terms and provisions of the instruction directive shall be based upon clearly articulable factors not foreseen or contemplated by the instruction directive, including, but not limited to, the circumstances of the patient's medical condition. c. Nothing in this act shall be construed to impair the legal force and effect of an instruction directive executed prior to the effective date of this act. L.1991,c.201,s.12.
N.J. Stat. § 26:2H-18.29 — NJ Code / Title 26 / Chapter 2H / Section 2H-18.29
Approval of hospital's reasonable uncompensated care costs
Status: in_force

6. a. The commission shall approve each hospital's reasonable uncompensated care costs and shall ensure that uncompensated care services financed pursuant to this act are provided in the most appropriate and cost-effective manner which the commission determines hospitals can reasonably be required to achieve. The commission shall reduce a hospital's reasonable uncompensated care costs by the amount of overpayment for patient care services, if any, by the Medicare program established pursuant to Pub.L.89-97 (42 U.S.C. s. 1395 et seq.), the Medicaid program, or any payer or purchaser of hospital services whose hospital reimbursement rates are not established by the commission pursuant to P.L.1971, c.136 (C.26:2H-1 et al.). For the purposes of this section, "overpayment" means reimbursement in excess of that allowed by section 5 of P.L.1978, c.83 (C.26:2H-4.1). A hospital shall not be reimbursed from the fund for the cost of uncompensated care for health care services provided to a patient who is a resident of another state other than emergency care services for life-threatening conditions. As used in this subsection, "life-threatening condition" means any medical condition which poses an imminent risk to a patient's life if emergency medical care is not provided to that patient, as certified by the patient's attending physician in accordance with the medical treatment protocol utilized by the hospital. The commission shall require a hospital which engages in inefficient or inappropriate provision of uncompensated care services to submit to the commission a cost reduction plan. The commission may prospectively reduce the hospital's uncompensated care payments for failure to submit or implement a cost reduction plan that has been approved by the commission. b. The hospital mandatory assessment shall be funded by the uniform Statewide uncompensated care add-on determined pursuant to section 5 of P.L.1991, c.187 (C.26:2H-18.28) which is charged by the hospital to all payers. A hospital shall collect all monies received from the uncompensated care add-on pursuant to subsection a. of section 5 of P.L.1991, c.187 (C.26:2H-18.28) and remit all such monies to the fund as the hospital's mandatory assessment. Such funds as may be necessary from the assessment shall be appropriated from the fund to the Division of Medical Assistance and Health Services in the Department of Human Services for payment to disproportionate share and non-disproportionate share hospitals for payments of approved uncompensated care costs. The commission shall determine the amount that the Division of Medical Assistance and Health Services in the Department of Human Services shall pay to each hospital. The Commissioner of Human Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the provisions of this subsection. L.1991,c.187,s.6; amended 1992,c.68,s.1; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
N.J. Stat. § 26:3-13 — NJ Code / Title 26 / Chapter 3 / Section 3-13
Compensation of board members
Status: in_force

For attendance on meetings of the board, members of a township board, which is subject to the provisions of this subdivision of this article, shall each receive the sum of two dollars ($2.00) for each meeting, to be paid in the same manner as members of township committees are paid for their services. Amended by L.1953, c. 349, p. 1920, s. 8.
N.J. Stat. § 26:2BB-10 — NJ Code / Title 26 / Chapter 2BB / Section 2BB-10
Rules, regulations
Status: in_force

10. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services shall adopt rules and regulations necessary to establish the Division of Mental Health and Addiction Services pursuant to this act. L. 1989, c. 51, s. 10; amended 2023, c.177, s.79.
N.J. Stat. § 26:2G-9 — NJ Code / Title 26 / Chapter 2G / Section 2G-9
Transfer of certain employees to division of narcotic and drug abuse control
Status: in_force

Such employees of any department, commission, council, board, authority, office or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Division of Narcotic and Drug Abuse Control or to any office, authority or agency designated, continued or constituted therein, as the Director of Narcotic and Drug Abuse Control may determine are needed for the proper performance of the functions and duties imposed upon the Division of Narcotic and Drug Abuse Control, or such office, authority or agency therein, are hereby transferred to the department, division, office, authority or agency to which such functions, powers and duties have been herein assigned or transferred. L.1969, c. 152, s. 9.
N.J. Stat. § 26:2H-12.61 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.61
Discharge of patients from certain residences; provision for care in alternate facility.
Status: in_force

1. a. If a facility licensed to operate as an assisted living residence or comprehensive personal care home pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) opts to surrender its license and has promised a resident of the facility or the resident's responsible party, in writing through a resident agreement or other instrument, or through a condition of licensure or certificate of need with the Department of Health, that it will not discharge a resident who becomes Medicaid-eligible, as that term is defined in section 1 of P.L.2001, c.234 (C.26:2H-12.16), the facility shall escrow sufficient funds, as determined by the Commissioner of Health, to cover the cost of providing a resident with care in an alternate State-licensed assisted living residence or comprehensive personal care home for as long as the resident shall require care. b. The facility shall cover any costs necessary to utilize actuarial services as the Department of Health may require to determine the amount to be escrowed pursuant to subsection a. of this section. c. In the event of a facility bankruptcy, any monies left over after all creditors have been paid shall be used, to the maximum extent practicable, to cover the cost of care provided to a resident in an alternate State-licensed assisted living residence or comprehensive personal care home pursuant to subsection a. of this section. L.2011, c.16, s.1; amended 2012, c.17, s.211.
N.J. Stat. § 26:1A-36.3f — NJ Code / Title 26 / Chapter 1A / Section 1A-36.3f
Definitions.
Status: in_force

1. As used in this act: "Food instrument" means a voucher, check, electronic benefits transfer card, coupon, or other document which is used by a participant in the WIC program to obtain supplemental foods. "WIC" means the federal Special Supplemental Nutrition Program for Women, Infants, and Children, established pursuant to the "Child Nutrition Act of 1966," Pub.L.89-642 (42 U.S.C. s.1771 et seq.). L.2023, c.267, s.1.
N.J. Stat. § 26:2H-50 — NJ Code / Title 26 / Chapter 2H / Section 2H-50
Duties of state department of health
Status: in_force

The State Department of Health shall monitor the implementation of the provisions of this act and shall, in consultation with the Department of Institutions and Agencies, assist skilled or intermediate care nursing facilities to identify sources of payment and care for residents by maintaining a current inventory of such resources available in the State. L.1977, c. 387, s. 4.
N.J. Stat. § 26:2Q-3 — NJ Code / Title 26 / Chapter 2Q / Section 2Q-3
Certification required for performance of lead evaluation, abatement work.
Status: in_force

3. a. A person shall not perform a lead evaluation or lead abatement work unless the person is certified by the department pursuant to this act. b. The commissioner shall establish a certification program to assure the competency of persons to perform lead evaluations or lead abatement work in a safe and reliable manner. The commissioner may establish different classes of certification reflecting the different types and complexities of lead evaluation and abatement activities. c. The commissioner shall certify a person who satisfactorily completes the certification training course required pursuant to this act, passes an examination prescribed by the department and meets any other requirements for certification that may be established by the commissioner or by federal law. d. The certification shall be in writing with a photo identification, signed and dated by the commissioner. It shall be carried upon the person while performing evaluation or abatement services. e. Notwithstanding the provisions of subsection a. of this section to the contrary, a person who is certified to conduct lead evaluations or perform lead abatement work in a jurisdiction outside of New Jersey is entitled to receive a New Jersey certification from the department if the person demonstrates successful completion of a training and certification program in that jurisdiction that is at least as rigorous and comprehensive as the State training and certification program. f. Lead evaluation and lead abatement certifications shall be for a period not to exceed two years and shall be non-transferable. A person may apply for recertification during the 90-day period before the certification expiration date or the 90-day period after the certification expiration date; except that if a person applies after the certification expiration date, he shall not perform any services for which certification is required until the certification is renewed. If a certification has expired for more than 90 days, the person is required to obtain a new certification. g. Nothing in this section shall be construed to restrict or otherwise affect the right of any person to engage in painting, woodworking, structural renovation or other indoor or outdoor contracting services that may result in the disturbance of paint, or to engage in lead safe maintenance work or lead hazard control work, but a person shall not hold himself out as certified by the department or otherwise represent that he has specialized competency to perform lead evaluation or abatement work, unless he has been certified or otherwise specifically authorized pursuant to sections 1 through 12 of P.L.1993, c.288 (C.26:2Q-1 through C.26:2Q-12). A person for hire who seeks to engage in lead safe maintenance work or lead hazard control work shall, prior to doing so, complete such training course as may be prescribed by the Commissioner of Community Affairs and provided by a training provider accredited by the commissioner. A person who utilizes interim controls to reduce the risk of lead-based paint exposure shall utilize only those methods approved by the appropriate federal agencies, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, as may be set forth under 42 U.S.C.s.4851b or those methods set forth in guidelines established by the Commissioner of Community Affairs, but shall not be required to be certified pursuant to this section unless performing lead abatement. L.1993,c.288,s.3; amended 2003, c.311, s.18.
N.J. Stat. § 26:2H-12.98 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.98
Social isolation prevention policies required.
Status: in_force

2. a. The Department of Health shall require each long-term care facility in the State, as a condition of facility licensure, to adopt and implement written policies, provide for the practical availability of technology to facility residents, and ensure that appropriate staff and other capabilities are in place, to prevent the social isolation of facility residents. b. The social isolation prevention policies adopted by each long-term care facility pursuant to this section shall: (1) authorize, and include specific protocols and procedures to encourage and enable, residents of the facility to engage in in-person contact, communications, and religious and recreational activities with other facility residents and with family members, friends, and other external support systems, except when such in-person contact, communication, or activities are prohibited, restricted, or limited, as permitted by federal and State statute, rule, or regulation;
(2) authorize, and include specific protocols and procedures to encourage and enable, residents to engage in face-to-face or verbal/auditory-based contact, communication, and religious and recreational activities with other facility residents and with family members, friends, and other external support systems, through the use of electronic or virtual means and methods, including, but not limited to, computer technology, the Internet, social media, videoconferencing, and other innovative technological means or methods, whenever such residents are subject to restrictions that limit their ability to engage in in-person contact, communications, or religious and recreational activities as authorized by paragraph (1) of this subsection; (3) provide for residents of the facility who have disabilities that impede their ability to communicate, including, but not limited to, residents who are blind, deaf, or deaf-blind, residents who have Alzheimer's disease or other related dementias, and residents who have developmental disabilities, to be given access to assistive and supportive technology as may be necessary to facilitate the residents' engagement in face-to-face or verbal/auditory-based contact, communications, and religious and recreational activities with other residents, family members, friends, and other external support systems, through electronic means, as provided by paragraph (2) of this subsection; (4) include specific administrative policies, procedures, and protocols governing: (a) the acquisition, maintenance, and replacement of computers, videoconferencing equipment, distance-based communications technology, assistive and supportive technology and devices, and other technological equipment, accessories, and electronic licenses, as may be necessary to ensure that residents are able to engage in face-to-face or verbal/auditory-based contact, communications, and religious and recreational activities with other facility residents and with family members, friends, and external support systems, through electronic means, in accordance with the provisions of paragraphs (2) and (3) of this subsection; (b) the use of environmental barriers and other controls when the equipment and devices acquired pursuant to this section are in use, especially in cases where the equipment or devices are likely to become contaminated with bodily substances, are touched frequently with gloved or ungloved hands, or are difficult to clean; and (c) the regular cleaning of the equipment and devices acquired pursuant to this paragraph and any environmental barriers or other physical controls used in association therewith; (5) require appropriate staff to assess and regularly reassess the individual needs and preferences of facility residents with respect to the residents' participation in social interactions and religious and recreational activities, and include specific protocols and procedures to ensure that the quantity of devices and equipment maintained on-site at the facility remains sufficient, at all times, to meet the assessed social and activities needs and preferences of each facility resident;
(6) require appropriate staff, upon the request of a resident or the resident's family members or guardian, to develop an individualized visitation plan for the resident, which plan shall: (a) identify the assessed needs and preferences of the resident and any preferences specified by the resident's family members; (b) address the need for a visitation schedule, and establish a visitation schedule if deemed to be appropriate; (c) describe the location and modalities to be used in visitation; and (d) describe the respective responsibilities of staff, visitors, and the resident when engaging in visitation pursuant to the individualized visitation plan; (7) include specific policies, protocols, and procedures governing a resident's requisition, use, and return of devices and equipment maintained pursuant to this act, and require appropriate staff to communicate those policies, protocols, and procedures to residents; and
(8) designate at least one member of the therapeutic recreation or activities department, or, if the facility does not have such a department, designate at least one senior staff member, as determined by facility management, to train other appropriate facility employees, including, but not limited to, activities professionals and volunteers, social workers, occupational therapists, and therapy assistants, to provide direct assistance to residents, upon request and on an as-needed basis, as necessary to ensure that each resident is able to successfully access and use, for the purposes specified in paragraphs (2) and (3) of this subsection, the technology, devices, and equipment acquired pursuant to this paragraph. c. The department shall distribute civil monetary penalty (CMP) funds, as approved by the federal Centers for Medicare and Medicaid Services, and any other available federal and State funds, upon request, to facilities for communicative technologies and accessories needed for the purposes of this act. L.2020, c.113, s.2.
N.J. Stat. § 26:2H-132 — NJ Code / Title 26 / Chapter 2H / Section 2H-132
Encouragement of public awareness, understanding of POLST form.
Status: in_force

4. It shall be the public policy of this State to encourage public awareness and understanding of the Practitioner Orders for Life-Sustaining Treatment form as a means of enabling patients in this State to indicate their preferences for health care through the use of a completed POLST form as a complementary measure to the use of an advance directive, or in lieu of an advance directive if the patient has not executed such a document, in accordance with the provisions of this act. L.2011, c.145, s.4; amended 2019, c.218, s.5.
N.J. Stat. § 26:2F-6.2 — NJ Code / Title 26 / Chapter 2F / Section 2F-6.2
Use of public health priority funds
Status: in_force

Public health priority funds shall be used only for the support of priority health services provided by the local health agency, and shall not be provided for use in substitution for the mean annual expenditures for health purposes of the agency during the 2 years immediately preceding the year for which public health priority funds are requested. L.1977, c. 332, s. 5, eff. Jan. 23, 1978.
N.J. Stat. § 26:2H-7.10 — NJ Code / Title 26 / Chapter 2H / Section 2H-7.10
Short title.
Status: in_force

1. This act shall be known and may be cited as the "Community Health Care Assets Protection Act." L.2000,c.143,s.1.
N.J. Stat. § 26:2-149 — NJ Code / Title 26 / Chapter 2 / Section 2-149
Definitions relative to catastrophic illness in children.
Status: in_force

2. As used in this act: a. "Catastrophic illness" means any illness or condition the medical expenses of which are not covered by any other State or federal program or any insurance contract and exceed 10% of the first $100,000 of annual income of a family plus 15% of the excess income over $100,000. b. "Child" means a person 21 years of age and under. c. "Commission" means the Catastrophic Illness in Children Relief Fund Commission. d. "Family" means a child and the child's parent, parents or legal guardian, as the case may be, who is legally responsible for the child's medical expenses. e. "Fund" means the Catastrophic Illness in Children Relief Fund. f. "Income" means all income, from whatever source derived, actually received by a family. g. "Resident" means a person legally domiciled within the State for a period of three months immediately preceding the date of application for inclusion in the program. Mere seasonal or temporary residence within the State, of whatever duration, does not constitute domicile. Absence from this State for a period of 12 months or more is prima facie evidence of abandonment of domicile. The burden of establishing legal domicile within the State is upon the parent or legal guardian of a child. L.1987,c.370,s.2; amended 1993, c.103, s.1; 1998, c.143, s.1; 2003, c.260, s.1.
N.J. Stat. § 26:2B-37 — NJ Code / Title 26 / Chapter 2B / Section 2B-37
"Substance Use Disorder Program for the Deaf, Hard of Hearing and Disabled."
Status: in_force

2. a. The Commissioner of Human Services shall establish "Substance Use Disorder Program for the Deaf, Hard of Hearing and Disabled". b. Pursuant to Reorganization Plan No. 002-2004, the Commissioner of Human Services shall continue to operate the program established pursuant to subsection a. of this section through the Division of Mental Health and Addiction Services in the Department of Human Services, in consultation with the Governor's Council on Substance Use Disorder. L.1995, c.318, s.2; amended 1999, c.91, s.11; 2013, c.253, s.4; 2023, c.177, s.69.
N.J. Stat. § 26:3-60 — NJ Code / Title 26 / Chapter 3 / Section 3-60
Cause for issuance of warrant
Status: in_force

A warrant as described in section 26:3-59 of this title shall direct the officer to search in such dwelling house, store, stable, or other building for such nuisance affecting health, or for any person affected with any contagious or infectious disease, or for any condition of contagion or infection which may have been caused by anyone recently sick of any such disease in such dwelling house or other place.
N.J. Stat. § 26:2-159 — NJ Code / Title 26 / Chapter 2 / Section 2-159
Annual reports.
Status: in_force

12. The commission shall report annually to the Governor and to each Senate and General Assembly committee with responsibility for issues affecting children, health and human services on the status of the program. The report shall include information about the number of participants in the program, average expenditures per participant, the nature and type of catastrophic illnesses for which the fund provided financial assistance, and the average income and expenditures of families who received financial assistance under the program. The commission also may make recommendations for changes in the law and regulations governing the fund. L.1987,c.370,s.12; amended 1998, c.143, s.6.
N.J. Stat. § 26:2H-5d — NJ Code / Title 26 / Chapter 2H / Section 2H-5d
Provision of information by home health agency to patient.
Status: in_force

1. a. The Commissioner of Health, in consultation with the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, shall require that, no later than the 180th day after the date of enactment of this act, each home health agency licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall provide the following information to each patient receiving home-based services from that agency, or to a person designated by the patient: (1) the name and certification or licensure title, as applicable, of the homemaker-home health aide or other health care professional whose practice is regulated pursuant to Title 45 of the Revised Statutes, to be displayed on an identification tag as required for homemaker-home health aides by regulation of the New Jersey Board of Nursing, or as otherwise to be prescribed by regulation of the commissioner for other health care professionals, that the homemaker-home health aide or other health care professional shall wear at all times while examining, observing, or caring for the patient; and (2) a copy of the most current edition of the consumer guide to homemaker-home health aides published by the New Jersey Board of Nursing. b. The consumer guide required pursuant to subsection a. of this section shall be provided: (1) in advance of the provision of services to the patient, whenever possible; and (2) otherwise upon the homemaker-home health aide's initial visit to the patient's home. c. Beginning on the first day of the 13th month after the date of enactment of this act, the identification tag required pursuant to subsection a. of this section shall include a photograph of the homemaker-home health aide or other health care professional. d. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section. L.2002, c.81, s.1; amended 2012, c.17, s.156.
N.J. Stat. § 26:1A-87 — NJ Code / Title 26 / Chapter 1A / Section 1A-87
Pending actions or proceedings
Status: in_force

This act shall not affect actions or proceedings, civil or criminal, brought by or against any of the respective boards or agencies enumerated in section four of this act and pending on the effective date hereof, and such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by such board or agency as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or recommendation made by, or other matters or proceedings before, any of such respective boards or agencies, and all such matters and proceedings pending before any such board or agency on the effective date of this act shall be continued before such board or agency. L.1948, c. 444, p. 1755, s. 23.
N.J. Stat. § 26:2B-31 — NJ Code / Title 26 / Chapter 2B / Section 2B-31
Short title
Status: in_force

26. This act shall be known and may be cited as the "Alcohol Use Disorder Treatment and Rehabilitation Act." L.1975, c. 305, s. 26; amended 2023, c.177, s.64.
N.J. Stat. § 26:3-31.8 — NJ Code / Title 26 / Chapter 3 / Section 3-31.8
Penalty enforcement proceeding; reimbursements; injunction; collection of reimbursements
Status: in_force

In any penalty enforcement proceeding brought pursuant to this act the court shall also order the landlord or his agent to reimburse the municipality for the actual costs incurred for any fuel oil delivered and the service charge for refiring the burner, if any, and for reasonable attorney's fees and costs. The court shall further be empowered to issue any appropriate injunctive orders, and to authorize immediate collection of reimbursable costs due the municipality out of the goods and chattels of the landlord, including all sums due, or which may come due, as present or future rents. Any landlord who prevails in such an action shall be entitled to reimbursement by the municipality for all reasonable costs and expenses. Such landlord, however, shall still remain responsible for the cost of any fuel oil delivered and any charge for refiring the burner incurred by the municipality. L.1980, c. 170, s. 5, eff. Dec. 18, 1980.
N.J. Stat. § 26:2H-146 — NJ Code / Title 26 / Chapter 2H / Section 2H-146
Children's Sudden Cardiac Events Review Board.
Status: in_force

6. a. The commissioner shall establish the Children's Sudden Cardiac Events Review Board in the department. (1) The purpose of the board shall be to review and evaluate the information reported to the department pursuant to this act, and to study any other data, which the board shall seek and as may be made available to it to supplement the reported information, with respect to children diagnosed with cardiac conditions or reported to have had a sudden cardiac event in this State. (2) The board shall make note of such factors as the age, gender, and ethnicity of each child, and the location of each sudden cardiac event, in its review of any information received by the board. (3) The board may share its findings with other recognized entities that collect nationwide data on sudden cardiac events, except that the board shall not disclose to any person or entity outside the department any information that could be used to identify a child. b. The board shall consist of 11 members as follows: (1) the commissioner and the Commissioners of Children and Families and Education, or their designees, who shall serve ex officio; and (2) eight public members to be appointed by the commissioner as follows: one person who represents the American Heart Association; one person who represents the American Academy of Pediatrics, New Jersey Chapter; one person who represents the American College of Cardiology; one person who represents the New Jersey State School Nurses Association; one person who represents the New Jersey State Interscholastic Athletic Association; one person who represents the Hypertrophic Cardiomyopathy Association; one person who represents the Athletic Trainers' Society of New Jersey; and one person who represents the New Jersey Academy of Family Physicians. c. The public members of the board shall serve for a term of three years, except that of the public members first appointed, four shall serve for a term of two years, and four shall serve for a term of three years. The public members shall serve without compensation but shall be eligible for reimbursement for the necessary and reasonable expenses incurred in the performance of their official duties, within the limits of funds appropriated or otherwise made available for this purpose. Vacancies in the membership of the board shall be filled in the same manner as the original appointments were made. d. The public members shall select from among themselves an individual to serve as chairperson of the board, who shall be responsible for the coordination of all activities of the board and shall provide the technical assistance needed to execute the duties of the board. e. The board shall be entitled to call to its assistance and avail itself of the services of employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available for the purposes of carrying out its responsibilities. L.2013, c.143,s.6.
N.J. Stat. § 26:2A-5 — NJ Code / Title 26 / Chapter 2A / Section 2A-5
Issuance; application; renewal
Status: in_force

A license shall be issued to any person who has been conducting a blood bank prior to the effective date of this act upon submission of a properly completed application form and payment of an application fee of $25.00. Said license shall be renewable as provided in this act and shall be subject to all the provisions of this act. L.1963, c. 33, s. 4.
N.J. Stat. § 26:2H-7.27 — NJ Code / Title 26 / Chapter 2H / Section 2H-7.27
Notice to departments prior to selling, transferring ownership.
Status: in_force

4. a. Prior to selling or transferring ownership of the land or other real property on which a nursing home is located, the prospective new owner shall submit notice to the Department of Health and the Department of Human Services, which notice shall include the following items: (1) the sale or transfer of real property fee established by the Department of Health; (2) a cover letter stating the applicant's intent to purchase the land or other real property on which a nursing home is located, and identification of the nursing home by name, address, and county; (3) a description of the proposed transaction, including: (a) identification of the current owners of the land or other real property on which a nursing home is located; (b) identification of 100 percent of the proposed new owners, including the names and addresses of all principals and interested parties; and (c) if applicable, a copy of an organizational chart, including parent corporations and wholly-owned subsidiaries; (4) a copy of the agreement of sale or transfer, the proposed terms of the lease, rent, or use agreement with the nursing home and, if applicable, a copy of any management agreements; and (5) an attestation by the new owners of the land or other real property that they will lease, rent, or authorize use of the land or other real property by the nursing home at a rate that is consistent with the fair market value for the lease, rent, or use of similar facilities in the same market area. b. A summary of the notice submitted pursuant to subsection a. of this section, including the names of the prospective new owners, shall be made available on the Department of Health's Internet website. c. Nursing homes shall report to the Department of Health their rates or average rates for the lease, rent, or use of land or other real property in a manner determined by the department. The department shall post the rates or average rates for the lease, rent, or use of land or other real property reported by nursing homes on its Internet website. L.2021, c.95, s.4.
N.J. Stat. § 26:5C-23 — NJ Code / Title 26 / Chapter 5C / Section 5C-23
Violations, penalty.
Status: in_force

3. A semen bank which violates any provision of this act is guilty of a disorderly persons offense and is liable to a penalty of not more than $1,000 for each offense. L.1997,c.246,s.3.
N.J. Stat. § 26:2H-12a — NJ Code / Title 26 / Chapter 2H / Section 2H-12a
Requirements for licensure of mental health programs
Status: in_force

5. A license issued to a mental health program by the Commissioner of Human Services pursuant to P.L.1995, c.321 (C.30:9A-18 et al.) shall be deemed to satisfy the requirements for licensure of a health care facility by the Department of Health pursuant to section 12 of P.L.1971, c.136 (C.26:2H-12) for those mental health programs, and for payment by a purchaser of health care services pursuant to section 18 of P.L.1971, c.136 (C.26:2H-18). L.1995,c.321,s.5.
N.J. Stat. § 26:2M-7.2 — NJ Code / Title 26 / Chapter 2M / Section 2M-7.2
Training for long-term care facility staff relative to Alzheimer's Disease.
Status: in_force

1. a. The Commissioner of Health shall establish a mandatory training program for long-term care facility staff, as described in subsection b. of this section, in the specialized care of patients who are diagnosed by a physician as having Alzheimer's disease or a related disorder. The training program shall include the causes and progression of Alzheimer's disease and related disorders and methods to deal with the specific problems encountered in the care of patients with Alzheimer's disease and related disorders, including, but not limited to: communicating with patients with Alzheimer's disease and related disorders; psychological, social and physical needs of patients with Alzheimer's disease and related disorders; and safety measures which need to be taken for a patient with Alzheimer's disease and related disorders. b. A long-term care facility shall annually provide training, under the training program established pursuant to subsection a. of this section, to a certified nurse aide, licensed practical nurse, registered professional nurse, and other health care professionals, as appropriate, who provide direct care to a patient in the facility who is diagnosed as having Alzheimer's disease or a related disorder. L.2003, c.269, s.1; amended 2012, c.17, s.284.
N.J. Stat. § 26:2S-3.2 — NJ Code / Title 26 / Chapter 2S / Section 2S-3.2
Definitions.
Status: in_force

2. As used in section 3 of P.L.2025, c.199 (C.26:2S-3.3): “Carrier” means an insurance company, health service corporation, hospital service corporation, medical service corporation, or health maintenance organization authorized to issue health benefits plans in this State, or any other entity subject to the insurance laws and rules of insurance in this State or subject to the jurisdiction of the Department of Banking and Insurance, that contracts, or offers to contract, to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services under a health benefits plan in this State. “Cost-sharing amount” means any copayment, coinsurance, deductible, or other similar charges required of an enrollee for a health care service covered by a health benefits plan, including a prescription drug, and paid by or on behalf of the enrollee. “Enrollee” means any individual entitled to coverage of health care services from a carrier. “Health benefits plan” means a policy, contract, certification, or agreement offered or issued by a carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services. For the purposes of P.L.2025, c.199 (C.26:2S-3.1 et al.), “health benefits plans” shall not include the following plans, policies, or contracts: accident only; credit disability; long-term care; Medicare supplemental coverage; TRICARE supplement coverage; coverage for Medicare services pursuant to a contract with the United States government; the State Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.); coverage arising out of a worker’s compensation or similar law; the State Health Benefits Program; the School Employees’ Health Benefits Program; a self-insured health benefits plan governed by the provisions of the federal “Employee Retirement Income Security Act of 1974,” 29 U.S.C. s.1001 et seq.; coverage under a policy of private passenger automobile insurance issued pursuant to P.L.1972, c.70 (C.39:6A-1 et seq.); or hospital confinement indemnity coverage. “Health care service” means an item or service furnished to any individual for the purpose of preventing, alleviating, curing, or healing human illness, injury, or disability. “Third-party administrator” has the same meaning as defined in N.J.S.17B:27B-1. L.2025, c.199, s.2.
N.J. Stat. § 26:2D-9.2 — NJ Code / Title 26 / Chapter 2D / Section 2D-9.2
Agreements with federal government or other states or agencies; performance of functions on co-operative basis
Status: in_force

The department may (a) enter into agreements, subject to the approval of the Governor, with the Federal Government, other States or interstate agencies to perform inspections and other radiation protection functions on a co-operative basis with the Federal Government, other States or interstate agencies; and (b) subject to available appropriations, make its personnel available for participation in training programs of the Federal Government and otherwise secure assistance from the Federal Government to maintain and improve the department's administration of this act. L.1961, c. 124, p. 745, s. 4.
N.J. Stat. § 26:2I-16 — NJ Code / Title 26 / Chapter 2I / Section 2I-16
Exemptions from taxes; bonds; property
Status: in_force

The exercise of the powers granted by the this act will be in all respects for the benefit of the people of this State, for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of a project by the authority or its agent will constitute the performance of an essential public function, neither the authority nor its agent shall be required to pay any taxes or assessments upon or in respect of a project or any property acquired or used by the authority or its agent under the provisions of this act or upon the income therefrom, and any bonds issued under the provisions of this act, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be exempt from taxation except for transfer, inheritance and estate taxes. L.1972, c. 29, s. 16.
N.J. Stat. § 26:8-24.2 — NJ Code / Title 26 / Chapter 8 / Section 8-24.2
"New Jersey Electronic Death Registration Support Fund."
Status: in_force

17. a. There is established the "New Jersey Electronic Death Registration Support Fund" as a nonlapsing, revolving fund to be administered by the Commissioner of Health and credited with monies received pursuant to subsection c. of R.S.26:8-62. b. The State Treasurer is the custodian of the fund and all disbursements from the fund shall be made by the treasurer upon vouchers signed by the commissioner. The monies in the fund shall be invested and reinvested by the Director of the Division of Investment in the Department of the Treasury as are other trust funds in the custody of the State Treasurer in the manner provided by law. Interest received on the monies in the fund shall be credited to the fund. c. The monies in the fund and the interest earned thereon shall be used to meet the development and operational costs of the NJ-EDRS, including, but not limited to, costs associated with: personnel; hardware purchases and maintenance; software and communications infrastructure; website hosting; and licensing fees, royalties and transaction expenses incurred in the development, installation, maintenance and operation of electronic payment security, authentication and encryption systems, and user training and education. d. The Commissioner of Health shall, no later than 30 months after the date of enactment of P.L.2003, c.221, report to the chairs of the Senate Health, Human Services and Senior Citizens Committee, the Senate Budget and Appropriations Committee, the Assembly Health and Human Services Committee and the Assembly Appropriations Committee, or their successors, concerning the sources and uses of monies in the fund. The report shall include a description of the methodology used by the State registrar to set the fee imposed pursuant to subsection c. of R.S.26:8-62, a summary of the monies credited to the fund, and a summary of expenditures by category from the fund pursuant to the authority of this section and the requirements of section 16 of P.L.2003, c.221 (C.26:8-24.1), together with any recommendations by the State registrar or the commissioner for changes that either considers should be made in the law concerning the implementation of the NJ-EDRS or the fees imposed pursuant to subsection c. of R.S.26:8-62. L.2003, c.221, s.17; amended 2012, c.17, s.350.
N.J. Stat. § 26:2S-10 — NJ Code / Title 26 / Chapter 2S / Section 2S-10
Offer of point-of-service plan, terms
Status: in_force

10. a. A carrier which offers a managed care plan shall offer a point-of-service plan to every contract holder which would allow a covered person to receive covered services from out-of-network health care providers without having to obtain a referral or prior authorization from the carrier. The point-of-service plan may require that a subscriber pay a higher deductible or copayment and higher premium for the plan, pursuant to limits established by the department, in consultation with the Department of Banking and Insurance, by regulation. b. A carrier shall provide each subscriber in a plan whose contract holder elects the point-of-service plan, with the opportunity, at the time of enrollment and during the annual open enrollment period, to enroll in the point-of-service plan option. The carrier shall provide written notice of the point-of-service plan to each subscriber in a plan whose contract holder elects the point-of-service plan and shall include in that notice a detailed explanation of the financial costs to be incurred by a subscriber who selects that plan. c. The requirements of this section shall not apply to a carrier contract which offers a managed care plan that provides health care services to Medicaid recipients pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.), or a federally qualified, nonprofit health maintenance organization. d. A carrier which offers a managed care plan utilizing a selective contracting arrangement approved in accordance with N.J.A.C.11:4-37.1 et seq. that provides benefits for out-of-network providers shall be deemed to be in compliance with this section. e. A health maintenance organization affiliated with an insurance company authorized to issue health benefits plans in this State that offers point-of-service benefits exclusively through a point-of-service plan provided by the affiliated insurance company using a selective contracting arrangement approved in accordance with N.J.A.C.11:4-37.1 et seq., shall be deemed to be in compliance with this section if the point-of-service plan is offered pursuant to the requirements of subsections a. and b. of this section. L.1997,c.192,s.10.
N.J. Stat. § 26:6-24 — NJ Code / Title 26 / Chapter 6 / Section 6-24
Rules for transportation of body
Status: in_force

The State Department may make any rule prescribing the manner in which a dead body, intended to be transported by any common carrier across or within this State, shall be disinfected, embalmed, or incased. Any such rule shall be referred to in the blank form of the transit permit required for the transportation of a dead body. Amended by L.1951, c. 82, p. 474, s. 1.
N.J. Stat. § 26:8-5 — NJ Code / Title 26 / Chapter 8 / Section 8-5
Institutional records
Status: in_force

The person in charge of a hospital, almshouse, lying-in, penal, or other institution, public or private, to which any person resorts for treatment of disease or for confinement, or is committed by process of law, shall make a record of all the personal and statistical particulars relative to each inmate in such institution, at the time of admission, and shall make a complete medical record covering the period of such person's confinement in such institution. The medical records provided for herein or photographic reproductions thereof shall be retained by the custodian of records of such institution for a period of 10 years following the most recent discharge of the patient, or until the person confined therein reaches the age of 23 years, whichever is the longer period of time. In addition, a discharge summary sheet shall be retained by such custodian of records for a period of 20 years following the most recent discharge of the patient. The discharge summary sheet shall contain the patient's name, address, dates of admission and discharge and a summary of the treatment and medication rendered during the patient's stay. Any X-ray films related to such confinement, or any size reproductions thereof which maintain the clarity of the original shall be retained by such custodian of records for a period of 5 years. In case of any person admitted or committed for treatment of disease, the physician in charge shall specify, for entry in the record, the nature of the disease and where, in his opinion, it was contracted. The personal particulars and information required by this section shall be obtained from the individual himself if practicable; and when not, they shall be obtained in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts. Amended by L.1970, c. 288, s. 1, eff. Dec. 14, 1970; L.1975, c. 282, s. 1, eff. Jan. 12, 1976.
N.J. Stat. § 26:12-7 — NJ Code / Title 26 / Chapter 12 / Section 12-7
Duration of certificate; provisional certificate
Status: in_force

Each certificate of approval shall be valid for a period of 1 year from the date of issue. The commissioner may issue a provisional certificate subject to later approval by the commissioner, after inspection of the youth camp during the period when the camp is operational. L.1973, c. 375, s. 7, eff. Jan. 9, 1974.
N.J. Stat. § 26:2-126 — NJ Code / Title 26 / Chapter 2 / Section 2-126
Expansion of hypertension control program
Status: in_force

The commissioner shall expand the existing hypertension control program within the department, which shall have central authority and responsibility for the development of a system of community based high blood pressure control programs. The commissioner shall take any action he deems necessary, including the provision of advisory and technical assistance and the development of training and educational programs, to assist qualified individuals and agencies to develop comprehensive and coordinated hypertension programs. L. 1985, c. 5, s. 3, eff. Jan. 10, 1985.
N.J. Stat. § 26:3E-16 — NJ Code / Title 26 / Chapter 3E / Section 3E-16
Findings, declarations relative to provision of calorie information by certain chain restaurants.
Status: in_force

1. The Legislature finds and declares that: a. Research continues to demonstrate that there is a strong link between diet and health; in 2004, an estimated 65% of adults in the United States were overweight or obese and 18% of children and adolescents were overweight; today there are nearly twice as many overweight children and almost three times as many overweight adolescents as there were in 1980; while the rates of overweight and obesity are rising, Americans are increasingly eating meals away from home, and the food industry spends millions of dollars every year encouraging families to eat in restaurants and other food establishments; in 1970, Americans spent just 26% of their food budget eating away from home, but currently, Americans spend almost half of their food dollars dining out; furthermore, portion sizes in restaurants have been increasing and it is not uncommon for a restaurant entree to provide half of an individual's total recommended daily allowance of calories, fat and sodium; b. Surveys conducted by academicians from the University of Arkansas and Villanova University, and reported in the American Journal of Public Health article entitled "Attacking the Obesity Epidemic: The Potential Health Benefits of Providing Nutrition Information in Restaurants," showed that levels of calories and saturated fats in less-healthful restaurant items were significantly underestimated by consumers; actual fat and saturated fat levels were twice consumers' estimates and calories approached two times more than what consumers expected; based on these findings, the authors of the article conducted an experiment demonstrating that for food items for which levels of calories, fat and saturated fats substantially exceeded consumers' expectations, the provision of nutrition information had a significant influence on product attitude, purchase intention, and choice; c. A recent report of the Surgeon General of the United States on overweight and obesity recommended that the food industry provide reasonable food and beverage portions and increase the availability of nutrition information on foods prepared and eaten away from home; and d. Therefore, it is in the public's interest to enable families to make more informed choices about a significant part of their diets and help reduce the problem of overweight and obesity in the State. L.2009, c.306, s.1.
N.J. Stat. § 26:4-3 — NJ Code / Title 26 / Chapter 4 / Section 4-3
Evaluation of destroyed goods; reimbursement of owner
Status: in_force

Whenever the state department or a local board, in order to prevent the spread of communicable disease, destroys any goods, it shall make an inventory of the goods, and immediately certify the value of them. The certification shall be made to the state treasurer, in case the goods were destroyed by the state department, and to the treasurer of the proper municipality, in case of destruction by the local board. The state treasurer or local treasurer, as the case may be, shall pay to the owner of the goods, or his legal representatives, the sum so certified.
N.J. Stat. § 26:6-21 — NJ Code / Title 26 / Chapter 6 / Section 6-21
Emergency burial or removal permit
Status: in_force

26:6-21. If through the absence of the local registrar, or for other sufficient reason, it is impossible to obtain from the registrar a burial or removal permit in time for burial or removal, a judge of the Superior Court or of a municipal court in the county in which the death occurred, if he is satisfied that the death certificate is genuine, and that no permit can be obtained in time for burial or removal, shall issue an emergency burial or removal permit. Amended 1953,c.26,s.51; 1991,c.91,s.296.
N.J. Stat. § 26:13-36 — NJ Code / Title 26 / Chapter 13 / Section 13-36
Authority relative to termination of public health emergency.
Status: in_force

5. Following the termination of the public health emergency declared by the Governor in Executive Order No. 103 of 2020, as extended, the Governor, Commissioner of Health, and the head of any other State agency may issue orders, directives, and waivers pursuant to P.L.2005, c.222 (C.26:13-1 et seq.) related to (1) vaccination distribution, administration, and management, (2) COVID-19 testing, (3) health resource and personnel allocation, (4) data collection, retention, sharing, and access, (5) coordination of local health departments, and (6) implementation of any applicable recommendations of the Centers for Disease Control and Prevention to prevent or limit the transmission of COVID-19, including in specific settings. The authority granted by this section shall last until January 11, 2022, unless the Governor notifies the Legislature by January 1, 2022 that the authority granted by this section is necessary to combat the continuing threat posed by COVID-19 and should last for another 90 days. In the event of such notification, the Legislature shall have the authority to pass a concurrent resolution to concur with the Governor's notice. If such a concurrent resolution passes both Houses of the Legislature, then the authority granted by this section shall continue for an additional 90 days. If such a concurrent resolution does not pass both Houses of the Legislature, then the authority granted by this section shall expire on January 11, 2022. L.2021, c.103, s.5.
N.J. Stat. § 26:2K-71 — NJ Code / Title 26 / Chapter 2K / Section 2K-71
Definitions relative to mobile intensive care paramedics.
Status: in_force

1. a. As used in this section: "Mobile intensive care paramedic" and "mobile intensive care unit" shall have the same meaning as provided in section 1 of P.L.1984, c.146 (C.26:2K-7). "Opioid antidote" shall have the same meaning as provided in section 1 of P.L.2017, c.116 (C.26:2K-66). b. Subject to the requirements of federal law, a mobile intensive care paramedic in this State who has responded to an emergency as a member of a dispatched mobile intensive care unit may administer buprenorphine, under the medical direction of a licensed, supervising physician, to an individual following the emergency administration of an opioid antidote to that individual provided that the mobile intensive care paramedic administering the buprenorphine: (1) is providing emergency medical services through a program that is registered with the United States Attorney General pursuant to subsection (j) of 21 U.S.C. s.823; (2) administers the buprenorphine consistent with all applicable requirements of federal law; and (3) has completed supervised comprehensive training and competency assessments within a mobile intensive care unit regarding which specific medical conditions necessitate the administration of buprenorphine, buprenorphine dosage requirements, and required medical documentation following the administration of buprenorphine. L.2021, c.153.
N.J. Stat. § 26:8A-10 — NJ Code / Title 26 / Chapter 8A / Section 8A-10
Jurisdiction of Superior Court relative to termination of domestic partnerships.
Status: in_force

10. a. (1) The Superior Court shall have jurisdiction over all proceedings relating to the termination of a domestic partnership established pursuant to section 4 of P.L.2003, c.246 (C.26:8A-4), including the division and distribution of jointly held property. The fees for filing an action or proceeding for the termination of a domestic partnership shall be the same as those for filing an action or proceeding for divorce pursuant to N.J.S.22A:2-12. (2) The termination of a domestic partnership may be adjudged for the following causes: (a) voluntary sexual intercourse between a person who is in a domestic partnership and an individual other than the person's domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3); (b) willful and continued desertion for a period of 12 or more consecutive months, which may be established by satisfactory proof that the parties have ceased to cohabit as domestic partners; (c) extreme cruelty, which is defined as including any physical or mental cruelty that endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant; except that no complaint for termination shall be filed until after three months from the date of the last act of cruelty complained of in the complaint, but this provision shall not be held to apply to any counterclaim; (d) separation, provided that the domestic partners have lived separate and apart in different habitations for a period of at least 18 or more consecutive months and there is no reasonable prospect of reconciliation; and provided further that, after the 18-month period, there shall be a presumption that there is no reasonable prospect of reconciliation; (e) voluntarily induced addiction or habituation to any narcotic drug, as defined in the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c. 226 (C.24:21-2) or the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al., or habitual drunkenness for a period of 12 or more consecutive months subsequent to establishment of the domestic partnership and next preceding the filing of the complaint; (f) institutionalization for mental illness for a period of 24 or more consecutive months subsequent to establishment of the domestic partnership and next preceding the filing of the complaint; or (g) imprisonment of the defendant for 18 or more consecutive months after establishment of the domestic partnership, provided that where the action is not commenced until after the defendant's release, the parties have not resumed cohabitation following the imprisonment. (3) In all such proceedings, the court shall in no event be required to effect an equitable distribution of property, either real or personal, which was legally and beneficially acquired by both domestic partners or either domestic partner during the domestic partnership. (4) The court shall notify the State registrar of the termination of a domestic partnership pursuant to this subsection. b. In the case of two persons who are each 62 years of age or older and not of the same sex and have established a domestic partnership pursuant to section 4 of P.L.2003, c.246 (C.26:8A-4), the domestic partnership shall be deemed terminated if the two persons enter into a marriage with each other that is recognized by New Jersey law. c. The State registrar shall revise the records of domestic partnership provided for in section 9 of P.L.2003, c.246 (C.26:8A-9) to reflect the termination of a domestic partnership pursuant to this section. L.2003,c.246,s.10.
N.J. Stat. § 26:2B-30 — NJ Code / Title 26 / Chapter 2B / Section 2B-30
Severability
Status: in_force

If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of the act which can be given effect without such invalid provision or application, and to this end the provisions of this act are declared to be severable. L.1975, c. 305, s. 25.
N.J. Stat. § 26:2-86 — NJ Code / Title 26 / Chapter 2 / Section 2-86
Destruction or removal of certain domestic pigeons
Status: in_force

Notwithstanding the provisions of section 23:4-53 of the Revised Statutes or any other law, the State Department of Health or any local board of health within its jurisdiction may order and provide for the destruction or removal of escaped domestic pigeons that have become feral from any area or place upon a finding by the department or the board, as the case may be, that the presence of such escaped domestic pigeons in such area or place is hazardous to the health of any of the inhabitants of this State. L.1965, c. 32, s. 1.
N.J. Stat. § 26:2-96 — NJ Code / Title 26 / Chapter 2 / Section 2-96
Definitions
Status: in_force

For the purposes of this act: a. "Child" means any person under 21 years of age. b. "Terminal illness" means an illness for which there is no known cure and which ultimately ends in death, and which has been certified as such by two physicians licensed to practice medicine and surgery. c. "Department" means the State Department of Health. d. "Commissioner" means the State Commissioner of Health. L.1972, c. 193, s. 4, eff. Dec. 20, 1972.
N.J. Stat. § 26:1A-138 — NJ Code / Title 26 / Chapter 1A / Section 1A-138
Certification of amount allocable to expenses of the commission.
Status: in_force

7. The New Jersey Health Information Technology Commission shall annually, on or before October 1, certify to the State Treasurer and the Commissioner of Banking and Insurance an amount allocable to the expenses of the commission for the preceding fiscal year, not to exceed $1 million annually, which amount shall be transferred to the commission by the State Treasurer from the amounts assessed and collected by the Department of Banking and Insurance pursuant to section 9 of P.L.2007, c.330 (C.17:1D-2). L.2007, c.330, s.7.
N.J. Stat. § 26:2H-18.58b — NJ Code / Title 26 / Chapter 2H / Section 2H-18.58b
Health Care Subsidy Fund payer of last resort; exemptions
Status: in_force

10. With the exception of the Catastrophic Illness in Children Relief Fund, established pursuant to P.L.1987, c.370 (C.26:2-148 et seq.) and the Victims of Crime Compensation Board established pursuant to section 3 of P.L.1971, c.317 (C.52:4B-3), the Health Care Subsidy Fund is the payer of last resort for persons who otherwise qualify for charity care or managed health care services pursuant to P.L.1992, c.160 (C.26:2H-18.51 et al.) and P.L.1996, c.28. A hospital or other health care provider shall not submit a claim for charity care or managed health care services reimbursement on behalf of any individual otherwise eligible for charity care or managed health care services for whom the hospital or other health care provider is eligible to receive reimbursement under any State or federal program not specifically exempted in this section or any other third party payer. L.1996,c.28,s.10.
N.J. Stat. § 26:18-14 — NJ Code / Title 26 / Chapter 18 / Section 18-14
Establishment, collection of fees.
Status: in_force

15. The Commissioner of Health shall establish and collect maternal data center membership fees from health care facilities, as defined by the Commissioner of Health, that are licensed to provide maternal care services in the State and that enter into a written agreement with the Department of Health to participate in the Maternal Data Center pursuant to section 14 of this act. The membership fee shall be required of each licensed facility participating in the Maternal Data Center, and in no case shall the amount of the fee exceed $10,000 per facility per year. Each participating facility shall pay its annual membership fee on a date as shall be required by the commissioner. The revenue from these fees shall be used to fund the Maternal Data Center to implement the requirements pursuant to section 14 of this act. The commissioner shall be authorized to seek out and accept such other sources of funding as may be available from appropriate public and private sources for the purposes of the Maternal Data Center. L.2019, c.75, s.15.
N.J. Stat. § 26:2A-8 — NJ Code / Title 26 / Chapter 2A / Section 2A-8
Suspension or revocation of license
Status: in_force

Any license issued in accordance with the provisions of this act may be suspended or revoked by the commissioner for a violation of any of the provisions of this act. L.1963, c. 33, s. 7.
N.J. Stat. § 26:8-56 — NJ Code / Title 26 / Chapter 8 / Section 8-56
Fee for registering birth or death.
Status: in_force

26:8-56. The local registrar shall be paid $1 for each birth or death certificate properly executed, registered, recorded, and promptly returned, or otherwise transmitted through the NJ-EDRS, to the State Registrar. In the case of a death registration, the fee shall be credited to the account within the NJ-EDRS of the political subdivision comprising the registration district. A local registrar shall not receive the fee if compensated by a fixed salary as provided in R.S.26:8-59. Amended 1948, c.285, s.1; 1963, c.81, s.7; 1983, c.275, s.14; 2003, c.221, s.23.
N.J. Stat. § 26:1A-124 — NJ Code / Title 26 / Chapter 1A / Section 1A-124
Office of Women's Health.
Status: in_force

2. There is established the Office on Women's Health in the Department of Health. The office shall: a. Provide grants to community-based organizations to conduct special research, demonstration, and evaluation projects on women's health concerns; b. Develop and implement model public and private partnerships throughout the State for health awareness campaigns and to improve the access, acceptability, and use of public health services; c. Serve as an information and resource center for women's health information and data; d. Function as an advocate for the adoption and implementation of effective measures to improve women's health; e. Convene such task forces of experienced, knowledgeable persons on specific women's health issues as the director deems appropriate; and f. Review the programs of the Departments of Health, Human Services, Children and Families, and Education and any other department of State government, as appropriate, that concern women's health and make recommendations to the departments that will enable them to better coordinate and improve the effectiveness of their efforts. L.2001, c.376, s.2; amended 2012, c.17, s.106.
N.J. Stat. § 26:2T-6 — NJ Code / Title 26 / Chapter 2T / Section 2T-6
Definitions relative to hepatitis C.
Status: in_force

2. As used in this act: "Commissioner" means the Commissioner of Health. "HCV" means the hepatitis C virus. "Program" means the hepatitis C education, prevention, and screening program established pursuant to this act.
L.2001, c.357, s.2; amended 2012, c.17, s.309.
N.J. Stat. § 26:2H-110 — NJ Code / Title 26 / Chapter 2H / Section 2H-110
Authority of mental health care representative.
Status: in_force

9. a. If it has been determined that the patient lacks decision- making capacity, a mental health care representative shall have authority to make mental health care decisions on behalf of the patient. (1) The mental health care representative shall act in good faith and within the bounds of the authority granted by the advance directive for mental health care and by this act. (2) The mental health care representative may consent to the patient's admission to a psychiatric facility only as authorized pursuant to paragraph (6) of subsection a. of section 6 of this act. b. If a different individual has been appointed as the patient's legal guardian, the mental health care representative shall retain legal authority to make mental health care decisions on the patient's behalf, unless the terms of the legal guardian's court appointment or other court decree provide otherwise. c. The conferral of legal authority on the mental health care representative shall not be construed to impose liability upon that person for any portion of the patient's health care costs. d. An individual designated as a mental health care representative or as an alternate mental health care representative may decline to serve in that capacity. e. The mental health care representative shall exercise the patient's right to be informed of the patient's mental health condition, prognosis and treatment options, and to give informed consent to, or refusal of, health care. f. In the exercise of these rights and responsibilities, the mental health care representative shall seek to make the mental health care decision that the patient would have made if the patient possessed decision-making capacity under the circumstances, or, when the patient's wishes cannot adequately be determined, shall make a mental health care decision in the best interests of the patient. g. Departure from the decisions of a mental health care representative shall be permitted only if the responsible mental health care professional determines that compliance with those decisions would: (1) violate the accepted standard of mental health care or treatment under the circumstances of the patient's mental health condition; (2) require the use of a form of care or treatment that is not available to the mental health care professional responsible for the provision of mental health services to the patient; (3) violate a court order or provision of statutory law; or (4) endanger the life or health of the patient or another person. L.2005,c.233,s.9.
N.J. Stat. § 26:3-31.4 — NJ Code / Title 26 / Chapter 3 / Section 3-31.4
Short title
Status: in_force

This act shall be known and may be cited as "The Emergency Fuel Oil Delivery Act." L.1980, c. 170, s. 1, eff. Dec. 18, 1980.
N.J. Stat. § 26:2K-7 — NJ Code / Title 26 / Chapter 2K / Section 2K-7
Definitions
Status: in_force

1. As used in this act: a. "Advanced life support" means an advanced level of emergency medical care, including specialty care transport, which includes basic life support functions and the use of procedures, medications, and equipment established by the National Highway Traffic Safety Administration's National EMS Scope of Practice Model for paramedics, except for any provisions of the National EMS Scope of Practice Model expressly excluded by the commissioner in rules or regulations, and any other such procedures, medications, and equipment as set forth in section 6 of P.L.1984, c.146 (C.26:2K-12) or as otherwise authorized in rules or regulations promulgated by the commissioner; b. "Board of Medical Examiners" means the State Board of Medical Examiners; c. "Board of Nursing" means the New Jersey Board of Nursing; d. "Commissioner" means the Commissioner of the Department of Health; e. "Department" means the Department of Health; f. "Emergency department" means a program in a hospital staffed 24 hours a day by a licensed physician trained in emergency medicine; g. "Specialty care transport" means services that are above basic life support services rendered to patients before and during transportation between licensed facilities, during retrieval from those facilities, and upon arrival within those facilities; h. "Mobile intensive care paramedic" means a person trained in advanced life support services and licensed by the commissioner to render advanced life support services as part of a mobile intensive care unit or as otherwise provided in section 4 of P.L.1984, c.146 (C.26:2K-10); i. "Mobile intensive care unit" means a specialized emergency medical service unit that is staffed in accordance with paragraph (2) of subsection a. of section 6 of P.L.1984, c.146 (C.26:2K-12) and operated for the provision of advanced life support services under the direction of an authorized hospital; j. "Pre-hospital care" means those emergency medical services rendered by mobile intensive care units to emergency patients before and during transportation to emergency treatment facilities, and upon arrival within those facilities. k. "Volunteer paramedic unit" means an operational subunit within a mobile intensive care unit that is exclusively staffed by at least two volunteer paramedics with access to any vehicle, including a personal vehicle. l. "Agency EMS medical director" means a physician licensed in this State who is certified in emergency medicine or emergency medical services, or both, and is responsible for the medical oversight of a hospital mobile intensive care program. m. "Mobile integrated health" means health care services delivered with the approval of the Department of Health to patients outside of a hospital setting, using mobile resources, and employing team-based and patient-centered care. L.1984, c. 146, s. 1; amended 2021, c.480, s.1; 2022, c.118, s.1.
N.J. Stat. § 26:4-113 — NJ Code / Title 26 / Chapter 4 / Section 4-113
Powers of Perth Amboy port health officer
Status: in_force

The Perth Amboy port health officer also shall have power with reference to such vessel, subject to any regulation or special order of the state department: a. To grant a permit to land any passenger, baggage, merchandise or materials; b. To grant a permit to discharge any baggage, merchandise or materials into lighters or otherwise; c. To release such vessel from quarantine; and d. To give any other orders which he may think necessary for the prevention of the introduction into this state of any communicable disease.
N.J. Stat. § 26:8-40.21 — NJ Code / Title 26 / Chapter 8 / Section 8-40.21
Birth defects, severe neonatal jaundice registry.
Status: in_force

2. a. The Department of Health shall establish and maintain a birth defects and severe neonatal jaundice registry, which shall contain a confidential record of all birth defects and all cases of severe hyperbilirubinemia that occur in New Jersey and any other information that the department deems necessary and appropriate in order to conduct thorough and complete epidemiologic surveys of birth defects and cases of severe hyperbilirubinemia that occur in this State and plan for and provide services to children with birth defects and severe hyperbilirubinemia and their families. b. The department shall make available electronically on its Internet website, in English and Spanish, information on the characteristics and effects of severe neonatal jaundice. L.1983, c.291, s.2; amended 2005, c.176, s.2; 2012, c.17, s.351.
N.J. Stat. § 26:3A2-35 — NJ Code / Title 26 / Chapter 3A2 / Section 3A2-35
County, municipality to establish Environmental Quality and Enforcement Fund
Status: in_force

8. Each county and municipality with a certified local health agency, shall establish an "Environmental Quality and Enforcement Fund." Any fees, fines or penalties collected pursuant to P.L.1977, c.443 (C.26:3A2-21 et seq.) shall be deposited into the respective county or municipal fund, and shall be dedicated to the use of the county department or certified local health agency in carrying out its responsibilities under that act. L.1991,c.99,s.8.
N.J. Stat. § 26:5C-10 — NJ Code / Title 26 / Chapter 5C / Section 5C-10
Limits on disclosure to continue
Status: in_force

The limits on disclosure set forth in this act shall continue to apply to a record relating to AIDS and HIV infection concerning a person who has been a patient or a participant in a program, whether that person remains a patient or participant or ceases to be a patient or participant. L.1989, c.303, s.6.
N.J. Stat. § 26:6-8.3 — NJ Code / Title 26 / Chapter 6 / Section 6-8.3
List of contagious, infectious, communicable diseases
Status: in_force

Within 180 days of the effective date of this act, the Commissioner of the Department of Health shall provide to all county and local health departments, hospitals and long-term care facilities in this State for distribution to appropriate personnel a list of all diseases that the commissioner determines are contagious, infectious or communicable diseases for the purposes of this act. The commissioner shall periodically update the list, as appropriate. L. 1988, c. 125, s. 2.
N.J. Stat. § 26:9-2 — NJ Code / Title 26 / Chapter 9 / Section 9-2
Duty of director of state experiment station
Status: in_force

The director of the state experiment station, or an executive officer appointed by him, shall: a. Survey, in the order he deems desirable and to the extent that he deems necessary, all salt marsh, fresh-water swamps, or flooded areas within the state for the location of mosquito breeding areas; b. Map each section so surveyed and indicate all mosquito breeding areas, the method adapted to their extermination, and the probable cost; c. Investigate the mosquito life history, habits, and control, as will, in his judgment, furnish information necessary to successful mosquito extermination by any agency within the state; and d. Distribute among the people of the state information concerning the nature and results of mosquito extermination.
N.J. Stat. § 26:3-36 — NJ Code / Title 26 / Chapter 3 / Section 3-36
Fee for preparing report
Status: in_force

The person performing the clerical work necessary in the preparation of the annual report required by section 26:3-35 of this title, upon receiving a certificate from the director of health that such annual report has been duly prepared and received by the director at the time required, shall be entitled to receive from the proper disbursing officer of the municipality for which the report is made the sum of two dollars for such clerical services.
N.J. Stat. § 26:2B-24 — NJ Code / Title 26 / Chapter 2B / Section 2B-24
Tests for alcohol; written manual; collection of data.
Status: in_force

18. The division shall, in cooperation with the State, municipal and local police, and the New Jersey Motor Vehicle Commission, conduct tests for alcohol in the bodies of automobile drivers and pedestrians who die as a result of and within four hours of a traffic accident, and in automobile drivers who survive traffic accidents fatal to others. The division shall promulgate a written manual to govern the conducting of tests made pursuant to this section, which shall specify the qualifications of personnel to conduct such tests, the methods and related details of specimen selection, collection, preservation and analysis, and the methods of tabulation and reporting of this test data. If a test conducted pursuant to this section discloses alcohol, the division shall insofar as is practicable make a determination whether or not alcohol use disorder was a probable factor in the drinking of the tested individual. Test data collected and determinations made pursuant to this section shall be tabulated, compiled, and published by the division at least semiannually. The division in cooperation with the office of the Attorney General and other interested State departments and agencies shall undertake a detailed and comprehensive review of State and local laws and regulations governing driving under the influence of alcohol. This review shall include, but need not be limited to, consideration of the relation of these laws and regulations to the legislative policies and purposes of this act, and what programs and punishments are appropriate for individuals convicted of drunk driving. Within one year from the date of enactment of P.L.1975, c.305 (C.26:2B-7 et seq.), the division shall transmit to the Legislature a report on this review. This report shall include specific recommendations for any changes in the present laws and regulations the division deems appropriate. L.1975, c.305, s.18; amended 2017, c.131, s.79.
N.J. Stat. § 26:2-103.5 — NJ Code / Title 26 / Chapter 2 / Section 2-103.5
Physician, midwife to advise parent of availability of newborn hearing screening.
Status: in_force

5. In the case of a newborn born outside of a hospital or birthing center who is not transferred to a hospital or birthing center, the physician or midwife, licensed in this State pursuant to Title 45 of the Revised Statutes, caring for the newborn shall advise the parent or guardian of the newborn of the availability of newborn hearing screening pursuant to this act, and shall take such actions as may facilitate the provision of such screening to the newborn in accordance with the provisions of this act. L.2001,c.373,s.5.
N.J. Stat. § 26:2J-36 — NJ Code / Title 26 / Chapter 2J / Section 2J-36
Authorization for health maintenance organization to offer, provide medicare supplement health care services
Status: in_force

6. No health maintenance organization shall offer or provide medicare supplement health care services in this State without authorization by the commissioner. The commissioner shall grant authorization if he determines that the health maintenance organization has the financial and operational capability to provide such services. In making a determination, the commissioner may consider, but shall not be limited to, the following: a. The number of enrollees; b. The geographic area to be serviced; c. The current and prospective financial condition of the health maintenance organization; d. The anticipated impact on the health maintenance organization of providing medicare supplement health care services in addition to other services which it provides. L.1992,c.164,s.6.
N.J. Stat. § 26:3-32 — NJ Code / Title 26 / Chapter 3 / Section 3-32
Granting of licenses and permits in cities over 80,000
Status: in_force

Local boards of health in cities having a population of more than 80,000 inhabitants may grant and regulate licenses and permits incident to health matters and charge a reasonable fee for any such license or permit, but this provision shall not apply to any fee otherwise specifically provided for. Amended by L.1981, c. 462, s. 30.
N.J. Stat. § 26:4-48.1 — NJ Code / Title 26 / Chapter 4 / Section 4-48.1
Optional treatment of persons opposed to medical treatment on religious grounds
Status: in_force

In any quarantine for venereal disease or any commitment or court order imposed by authority of this act upon any person who, since immediately prior to the onset of the person's infection with a venereal disease, has been continuously a member of a well-recognized church, the principles of which are opposed to medical treatment for disease, any requirement to follow a course of medical treatment shall be optional, but in such case the termination of the period of quarantine, commitment or applicability of the court order shall be determined by the duration of the infectious stage of the disease, as defined by the State Department of Health; provided, however, that nothing herein shall be construed as exempting any such person from any other provision of this act, including the requirements to submit to medical examination and to supply specimens or permit such specimens to be taken, where such person has or there are reasonable grounds to believe such person may have a venereal disease in an infectious stage. L.1945, c. 104, p. 452, s. 6.
N.J. Stat. § 26:2B-25 — NJ Code / Title 26 / Chapter 2B / Section 2B-25
Review of laws and regulations on manufacture, sale and consumption of alcoholic beverages; report
Status: in_force

The division, in cooperation with the office of the Attorney General and other interested State departments and agencies, shall undertake a broad review of State and local, criminal and civil, laws and regulations governing the manufacture, sale and consumption of alcoholic beverages. This review shall include, but need not be limited to, consideration of the relation of these laws and regulations both to the legislative policies and purposes of this act and to the public policy objective of permitting the temperate use of alcoholic beverages and preventing the abuse of such beverages. Within 2 years from the date of enactment of this act the division shall transmit to the Legislature a report on this review, which shall include specific recommendations for any changes in the present laws and regulations that the division deems appropriate. L.1975, c. 305, s. 19.
N.J. Stat. § 26:10-8 — NJ Code / Title 26 / Chapter 10 / Section 10-8
Forbidden sales
Status: in_force

No person shall sell, lease, offer to sell, lease or deliver, or consign in sale or lease, or have in his possession with intent to sell, lease, deliver, or consign in sale or lease: a. Any mattress that has been used for or about any person having a contagious or infectious disease; b. Any mattress made, remade, or renovated in violation of section 26:10-7 of this title; or c. Any mattress, not otherwise prohibited by this article, of which prior use has been made, unless since last used it has been thoroughly sterilized and disinfected by a reasonable process approved by the state department.
N.J. Stat. § 26:1A-107 — NJ Code / Title 26 / Chapter 1A / Section 1A-107
Division of Aging Services.
Status: in_force

1. There is hereby established in the Department of Human Services, a Division of Aging Services, consisting of a director and the New Jersey State Commission on Aging in accordance with the provisions of section 398 of P.L.2012, c.17 (C.30:1A-14). L.1957, c.72, s.1; amended 1959, c.143, s.1; 1966, c.61, s.2; 2012, c.17, s.102.
N.J. Stat. § 26:2N-7 — NJ Code / Title 26 / Chapter 2N / Section 2N-7
Report to Center for Disease Control
Status: in_force

The commissioner shall periodically report information received regarding major adverse reactions to the United States Center for Disease Control. L. 1986, c. 134, s. 7.
N.J. Stat. § 26:2H-28 — NJ Code / Title 26 / Chapter 2H / Section 2H-28
Transfer of nursing home administrator's licensing board to state department of health
Status: in_force

The Nursing Home Administrator's Licensing Board established by P.L.1968, c. 356 (C. 30:11-11 et seq.), and all amendments thereto, together with all of its powers, functions and duties incident thereto, is hereby transferred to and vested in the State Department of Health. L.1972, c. 109, s. 2, eff. July 27, 1972.
N.J. Stat. § 26:2G-36 — NJ Code / Title 26 / Chapter 2G / Section 2G-36
Rules and regulations; state and other clinics
Status: in_force

The commissioner is authorized to adopt, promulgate and enforce rules and regulations and establish operating standards which shall be applicable to clinics which are part of the system established hereunder and to persons, groups or agencies which are not part of said system but which offer the same or similar programs or services. L.1971, c. 128, s. 6, eff. July 1, 1971.
N.J. Stat. § 26:3B-17 — NJ Code / Title 26 / Chapter 3B / Section 3B-17
To whom penalty shall be paid
Status: in_force

Any penalty recovered in an action brought under the provisions of this act shall be paid to the plaintiff therein. When the plaintiff is the Department of Health of the State of New Jersey or the director of health of the State of New Jersey, the penalty shall be paid by said department or director into the treasury of the State. When the plaintiff is a local board of health or board, body or officers exercising the functions of a local board of health, the penalty shall be paid by such plaintiff into the treasury of the municipality within which the plaintiff has jurisdiction. L.1945, c. 192, p. 658, s. 17.
N.J. Stat. § 26:2H-162 — NJ Code / Title 26 / Chapter 2H / Section 2H-162
Rules, regulations.
Status: in_force

15. a. The Departments of Banking and Insurance, Children and Families, and Human Services shall adopt rules and regulations as shall be necessary to implement the provisions of this act, which rules and regulations shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months and shall thereafter be adopted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). b. The Commissioner of Banking and Insurance, in consultation with the Commissioner of the Department of Children and Families, shall have the authority to permit carriers to use an in-network provider that meets the requirements of the program, or contract with a vendor or provider selected by the program, to provide home visitation.
L.2021, c.187, s.15.
N.J. Stat. § 26:12-11 — NJ Code / Title 26 / Chapter 12 / Section 12-11
Violations; injunction
Status: in_force

Upon a violation of this act or of any rules and regulations promulgated hereunder, the commissioner shall be entitled to institute a civil action in a court of competent jurisdiction for injunctive relief to restrain such violation and for such other relief as the court shall deem proper, and the court may proceed in a summary manner in such action. Neither the institution of such action, nor any of the proceedings therein shall relieve any party to such proceedings from the penalty prescribed for a violation of this act. L.1973, c. 375, s. 11, eff. Jan. 9, 1974.
N.J. Stat. § 26:2J-4.28 — NJ Code / Title 26 / Chapter 2J / Section 2J-4.28
HMO, high deductible, coverage for preventive care.
Status: in_force

11. A certificate of authority to establish and operate a health maintenance organization, which organization offers a contract that qualifies as a high deductible health plan for which qualified medical expenses are paid using a health savings account established pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223), shall not be issued or continued by the Commissioner of Banking and Insurance on or after the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.), unless the health maintenance organization offers health care services to any enrollee which include services provided in-network which represent medically necessary preventive care as permitted by that federal law. The services provided pursuant to this section shall be provided to the same extent as for any other medical condition under the contract, except that a deductible shall not be applied for services provided pursuant to this section. This section shall apply to all contracts under which the health maintenance organization has reserved the right to change the schedule of charges for enrollee coverage. L.2005, c.248, s.11; amended 2012, c.17, s.274.
N.J. Stat. § 26:1A-32 — NJ Code / Title 26 / Chapter 1A / Section 1A-32
Approval of Department of Health; examination of plan or proposed undertaking
Status: in_force

Whenever the approval of the Department of Health is required to any act, plan, paper, or proposed undertaking, the commissioner or one of the division directors authorized for such purpose by him, shall examine the same. If such examination is made by a division director he shall report to the commissioner the results of his examination, together with his recommendations for action. If in conducting such examination the commissioner deems it necessary, he shall conduct hearings and examine witnesses. L.1947, c. 177, p. 804, s. 32. Amended by L.1950, c. 29, p. 61, s. 5.
N.J. Stat. § 26:2B-16 — NJ Code / Title 26 / Chapter 2B / Section 2B-16
Person intoxicated in public place; assistance to facility; determination of intoxication
Status: in_force

Any person who is intoxicated in a public place may be assisted to his residence or to an intoxication treatment center or other facility by a police officer or other authorized person. To determine whether or not such person is intoxicated, the police officer may request the person to submit to any reasonable test, including, but not limited to, tests of his coordination, coherency of speech, and breath. Any person who is intoxicated in a public place and who a police officer has reason to believe is incapacitated shall be assisted by the police officer to an intoxication treatment center or other facility. A police officer acting in accordance with the provisions of this section may use such force, other than that which is likely to inflict physical injury, as is reasonably necessary to carry out his authorized responsibilities. If the police officer reasonably believes that his safety or the safety of other persons present so requires, he may search such person and his immediate surroundings, but only to the extent necessary to discover and seize any dangerous weapon which may on that occasion be used against the officer or other person present. All persons acting under the provisions of this section shall be considered as acting in the conduct of their official duties and shall not be held criminally or civilly liable for such acts. Any person assisted by a police officer to a facility pursuant to the provisions of this section shall receive treatment in accordance with section 9. In any event, if such person is determined upon examination to be intoxicated, the examining physician or other medically competent individual shall so certify and a duplicate copy of the certification shall be made available to the police officer. A person assisted to a facility pursuant to the provisions of this section, shall not be considered to have been arrested and no entry or other record shall be made to indicate that he has been arrested. L.1975, c. 305, s. 10.
N.J. Stat. § 26:2D-54 — NJ Code / Title 26 / Chapter 2D / Section 2D-54
Inspection of buildings and places
Status: in_force

The department and the division shall have the authority to enter and inspect any building or place for the purpose of determining compliance or noncompliance with the provisions of this act, any rules or regulations adopted pursuant thereto, or the plan. L.1981, c. 302, s. 18, eff. Oct. 27, 1981.
N.J. Stat. § 26:6B-23 — NJ Code / Title 26 / Chapter 6B / Section 6B-23
Immunity from liability.
Status: in_force

24. The Chief State Medical Examiner, a Deputy Chief State Medical Examiner, an Assistant Medical Examiner, their employees, the members of any committees established pursuant to this act, and any other persons who are authorized to undertake actions pursuant to this act, shall be immune from civil or criminal liability, and from professional disciplinary action, for any acts or omissions that are undertaken thereby, in good faith, in accordance with the provisions of this act. L.2018, c.62, s.24.
N.J. Stat. § 26:4-100.3 — NJ Code / Title 26 / Chapter 4 / Section 4-100.3
Rules and regulations by State Department of Health
Status: in_force

The State Department of Health shall be and is hereby empowered to make necessary rules and regulations for the purpose of administering this act. L.1938, c. 24, p. 98, s. 4.
N.J. Stat. § 26:18-27 — NJ Code / Title 26 / Chapter 18 / Section 18-27
Report to the Governor, Legislature.
Status: in_force

16. No later than one year after the members of the board are appointed and the board first organizes, and annually thereafter, the authority shall prepare and submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, which report shall set forth a complete operating and financial statement covering the operations of the authority, provide details on programs, services, and initiatives established by the authority, and assess the contribution of those programs, services, and initiatives to the advancement of the State's maternal and infant health outcomes. L.2023, c.109, s.16.
N.J. Stat. § 26:5C-17 — NJ Code / Title 26 / Chapter 5C / Section 5C-17
Fees
Status: in_force

3. If a test sample taken pursuant to section 2 of this act is analyzed in the department's laboratory, the department may charge a reasonable fee for the test. The amount of the fee and the procedures for collecting the fee shall be established by the commissioner. L.1995,c.174,s.3.
N.J. Stat. § 26:8-39 — NJ Code / Title 26 / Chapter 8 / Section 8-39
Birth certificate not to disclose illegitimacy; exceptions
Status: in_force

No official in this state shall issue a birth certificate revealing or disclosing illegitimacy; provided, that a certificate may be issued disclosing such information in response to court process or subpoena or in response to the request of the illegitimate, his or her guardian or legal counsel.
N.J. Stat. § 26:9-29 — NJ Code / Title 26 / Chapter 9 / Section 9-29
Method of issue
Status: in_force

Any such bonds shall be issued under and in accordance with the provisions of article 1 of chapter 1 of the title Municipalities and Counties (s. 40:1-1 et seq.).
N.J. Stat. § 26:2D-51 — NJ Code / Title 26 / Chapter 2D / Section 2D-51
Prohibition of action to restrain or delay payment; refund after payment
Status: in_force

No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement rendered in compliance with the provisions of this act. An operator of a nuclear electric generating facility against which a statement is rendered shall pay the amount thereof, and after the payment may, in the manner provided by this act, at any time within two years from the date of the payment, bring against the State an action at law to recover the amount paid, with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, or invalid in whole or in part. L.1981, c. 302, s. 15, eff. Oct. 27, 1981. Amended by L.1984, c. 98, s. 5, eff. July 1, 1985.
N.J. Stat. § 26:2H-18.60f — NJ Code / Title 26 / Chapter 2H / Section 2H-18.60f
Reporting system established.
Status: in_force

7. The Commissioner of Health shall establish a mechanism, by means of a toll-free telephone hotline or electronic mail, through which persons may confidentially report suspected incidents of fraudulent charity care claims to the Department of Health. L.2007, c.217, s.7; amended 2012, c.17, s.234.
N.J. Stat. § 26:2H-158 — NJ Code / Title 26 / Chapter 2H / Section 2H-158
Findings, declarations relative to a newborn home nurse visitation program.
Status: in_force

1. The Legislature finds and declares that: a. The weeks following birth are a critical period for the person who has given birth and the infant, setting the stage for long-term health and well-being; b. During this period, the person who has given birth is adapting to multiple physical, social, and psychological changes, while simultaneously recovering from childbirth, adjusting to changing hormones, and learning to feed and care for a newborn; c. Like prenatal care, the postpartum health care visit that typically occurs six weeks after childbirth is considered important to a new parent's health; however, for people who have given birth, the six-week postpartum visit punctuates a period devoid of formal or informal support for a parent who has recently given birth; d. Additionally, according to the American College of Obstetricians and Gynecologists, as many as 40 percent of people who have given birth do not attend a postpartum visit in the United States; e. During the time immediately following delivery, health care providers are uniquely qualified to enable a person who has given birth to access the clinical and social resources the person needs to successfully navigate the transition from pregnancy to parenthood; f. Research also indicates that postpartum education and care lead to lower rates of morbidity and mortality in persons who have given birth, as many of the risk factors for post-delivery complications, such as hemorrhaging or a pulmonary embolism, may not be identifiable before a person who has given birth is discharged following the birth; g. Such data demonstrate the wide ranging benefits to persons who have given birth, children, and families when a person who has given birth and the infant receive support from the medical community within days after delivering a child; and h. It is, therefore, in the public interest for the Legislature to remove barriers regarding access to postpartum care and to establish the infrastructure for people who have given birth in New Jersey to receive one cost-free home nurse visit in which a registered nurse provides the necessary physical, social, and emotional support critical to recovery following childbirth. L.2021, c.187, s.1.
N.J. Stat. § 26:2-112 — NJ Code / Title 26 / Chapter 2 / Section 2-112
Agreements with federal government and public health agencies of other states
Status: in_force

The commissioner is authorized to enter into agreements with the Federal Government and public health agencies in other states to achieve greater effectiveness or efficiency in carrying out the provisions of this act. L.1981, c. 357, s. 4.
N.J. Stat. § 26:18-19 — NJ Code / Title 26 / Chapter 18 / Section 18-19
Definitions.
Status: in_force

3. As used in this act: "Authority" means the New Jersey Maternal and Infant Health Innovation Authority established pursuant to section 4 of P.L.2023, c.109 (C.26:18-20). "Board" means the board of the New Jersey Maternal and Infant Health Innovation Authority established pursuant to section 5 of P.L.2023, c.109 (C.26:18-21). "Center" means the premises located in the City of Trenton used by the authority pursuant to the provisions of P.L.2023, c.109 (C.26:18-17 et al.). "Community advisory committee" means the community advisory committee established pursuant to section 8 of P.L.2023, c.109 (C.26:18-24). "New Jersey Maternal Care Quality Collaborative" or "NJMCQC" means the New Jersey Maternal Care Quality Collaborative, established pursuant to section 3 of P.L.2019, c.75 (C.26:18-3). L.2023, c.109, s.3.
N.J. Stat. § 26:3A2-28 — NJ Code / Title 26 / Chapter 3A2 / Section 3A2-28
Promulgation of environmental health performance standards and standards of administrative procedure; delegation of powers; comprehensive model ordinances
Status: in_force

10. a. The commissioner shall promulgate, after consultation with the Commissioner of Health, environmental health performance standards and standards of administrative procedure for certified local health agencies pursuant to the "Administrative Procedure Act" (P.L.1968, c.410; C.52:14B-1 et seq.). The standards shall include provisions for the delivery to the department of periodic reports on the results of the monitoring and enforcement activities of the certified local health agencies. b. The commissioner may, in the same manner, delegate the administration of one or more aspects of the environmental health laws of this State or of the rules and regulations adopted thereto, which are administered by the department, to a, certified local health agency, after he has adopted specific standards and guidelines for the administration of such programs by certified local health agencies, for so long as he determines that a certified local health agency, has the capability and determination to adhere to those specific standards and guidelines. In determining whether to delegate authority to administer all or a portion of any program, or whether a certified local health agency has the capability or determination to assume or retain delegation of program administration, the commissioner shall consider: (1) The consistency of the delegation with applicable federal or State law; (2) The probable effects of the delegation on the effectiveness and efficiency of program administration, and the need for uniform program administration; (3) The availability of technical expertise, adequate staff levels and other resources needed to adequately perform program administration. Under a delegation of program administration for the "Toxic Catastrophe Prevention Act," P.L.1985, c.403 (C.13:1K-19 et seq.) and the "Worker and Community Right to Know Act," P.L.1983, c.315 (C.34:5A-1 et seq.), delegation may not include authority to require documentation that is in addition to that required to be retained by an employer under those laws. c. The commissioner shall develop one or more comprehensive model ordinances dealing with the control of air pollution, solid waste, hazardous waste, noise, pesticides, radiation, and water pollution, the protection of workers and the public from hazardous substances and toxic catastrophes, or other threats to environmental health for which authority has been delegated, for use by the appropriate local governmental entity, and to provide technical assistance to the certified local health agencies. L.1977,c.443,s.10; amended 1991,c.99,s.5.
N.J. Stat. § 26:2H-5q — NJ Code / Title 26 / Chapter 2H / Section 2H-5q
Provision of information to certain patients, residents and family members.
Status: in_force

3. a. Every hospital, nursing home, rehabilitation facility, and other facility which is identified by the Commissioner of Health to be appropriate and which is licensed in this State shall provide information about appropriate palliative care and hospice care services to patients and residents with a serious illness or, in the event the patient or resident lacks capacity to make health care decisions, to a family member or other person legally authorized to make health care decisions for the patient or resident. b. If a hospital, nursing home, or facility fails to comply with the requirements of subsection a. of this section, the Commissioner of Health may require the hospital, nursing home, or facility to provide a plan of action to bring the hospital, nursing home, or facility into compliance. c. In implementing the provisions of this section, the department shall: (1) consult with the Palliative Care and Hospice Care Advisory Council established pursuant to section 4 of P.L.2019, c.227 (C.26:2H-5r); and (2) take into account factors that may impact the ability of a hospital, nursing home, or facility to comply with the requirements of subsection a. of this section. These factors may include, but are not limited to: the size of the hospital, nursing home, or facility; access and proximity to palliative care and hospice care services, including the availability of palliative care and hospice care board-certified practitioners and related workforce staff; and geographic factors. L.2019, c.227, s.3.
N.J. Stat. § 26:1A-113.1 — NJ Code / Title 26 / Chapter 1A / Section 1A-113.1
Powers and duties of commission.
Status: in_force

9. The commission shall: (1) Furnish consultation and advice to the Division of Aging Services on programs designed to carry out the division's mandate. (2) Provide leadership in the field of aging. (3) Make recommendations to the Governor and Legislature regarding new legislation needed in areas related to aging. (4) Maintain liaison with other commissions and groups whose activities relate to the broad field of aging. L.1966, c.61, s.9; amended 2012, c.17, s.104.
N.J. Stat. § 26:2H-136 — NJ Code / Title 26 / Chapter 2H / Section 2H-136
Procedure in event of disagreement.
Status: in_force

8. a. In the event of a disagreement among the patient, the patient's representative, and the patient's attending physician, physician assistant, or APN concerning the patient's decision-making capacity or the appropriate interpretation and application of the terms of a completed POLST form to the patient's course of treatment, the parties: (1) may seek to resolve the disagreement by means of procedures and practices established by the health care institution, including, but not limited to, consultation with an institutional ethics committee, or with a person designated by the health care institution for this purpose; or (2) may seek resolution by a court of competent jurisdiction. b. A health care professional involved in the patient's care, other than the attending physician, physician assistant, or APN, or an administrator of a health care institution may also seek to resolve a disagreement concerning the patient's decision-making capacity or the appropriate interpretation and application of the terms of a completed POLST form to the patient's course of treatment in the same manner as set forth in subsection a. of this section. L.2011, c.145, s.8; amended 2019, c.218, s.8.
N.J. Stat. § 26:2H-102 — NJ Code / Title 26 / Chapter 2H / Section 2H-102
Short title.
Status: in_force

1. This act shall be known and may be cited as the "New Jersey Advance Directives for Mental Health Care Act." L.2005,c.233,s.1.
N.J. Stat. § 26:3B-12 — NJ Code / Title 26 / Chapter 3B / Section 3B-12
Commitment for failure to pay judgment
Status: in_force

The court shall cause a defendant, other than a body corporate, who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto, to be committed to the county jail for a period not exceeding ten days in the case of a first conviction, and in the case of a conviction for a second or subsequent violations for a period of not less than ten days nor more than thirty days. L.1945, c. 192, p. 656, s. 12. Amended by L.1953, c. 26, p. 471, s. 31.
N.J. Stat. § 26:2C-19.2 — NJ Code / Title 26 / Chapter 2C / Section 2C-19.2
Entitlement to affirmative defense
Status: in_force

2. a. A person shall be entitled to an affirmative defense to liability for penalties for a violation of a condition, emission rate, limit, or standard, required pursuant to a permit issued pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.) or a violation of any rule or regulation adopted pursuant to P.L.1954, c.212, when the violation occurs as a result of an equipment malfunction, an equipment start-up, or an equipment shut-down, or during the performance of necessary equipment maintenance. A person shall be entitled to this affirmative defense only if the person complies with the provisions of subsection b. of this section. b. A person asserting an affirmative defense pursuant to subsection a. of this section shall notify the department of the violation by 5:00 p.m. of the second full calendar day following the occurrence, or if due diligence was exercised to discover the violation, by 5:00 p.m. of the second full calendar day after becoming aware of the occurrence, and, within 30 days thereof, shall submit written documentation on the circumstances of the violation and demonstrating as applicable, that: (1) the violation occurred, and was caused by an equipment malfunction, an equipment start-up, or an equipment shut-down, or during the performance of necessary equipment maintenance, as applicable; (2) the facility was being operated with due care; (3) the violation did not result from operator error or failure to maintain the equipment with due care; (4) the person has taken all reasonable steps to minimize levels of emissions caused by the violation; and (5) with respect to violations caused by a malfunction, the malfunction is not a part of a recurrent pattern. L.1993,c.89,s.2.
N.J. Stat. § 26:2-72 — NJ Code / Title 26 / Chapter 2 / Section 2-72
Authority of local boards of health not affected
Status: in_force

Nothing in this act shall be construed to prohibit or limit the authority otherwise granted by statute to any local board of health to regulate or control places defined in this act. L.1939, c. 261, p. 677, s. 1.
N.J. Stat. § 26:6-79 — NJ Code / Title 26 / Chapter 6 / Section 6-79
Applicability of act.
Status: in_force

3. The provisions of this act shall apply to an anatomical gift, or an amendment to, revocation of, or refusal to make an anatomical gift, whenever made. L.2008, c.50, s.3.
N.J. Stat. § 26:2-90 — NJ Code / Title 26 / Chapter 2 / Section 2-90
Hemophilia, other disorders defined.
Status: in_force

1. For purposes of P.L.1972, c.124 (C.26:2-90 et seq.): "Hemophilia" means a bleeding tendency resulting from a genetically determined, hereditarily determined, or acquired factor deficiency in the blood. "Qualitative platelet disorders" means conditions resulting from genetically determined, hereditarily determined, or acquired defects or abnormalities in blood platelet functions or structures. "Von Willebrand disease" means a bleeding tendency resulting from a genetically determined, hereditarily determined, or acquired deficiency of the von Willebrand factor in the blood. L.1972, c.124, s.1; amended 2019, c.259, s.1.
N.J. Stat. § 26:3D-64 — NJ Code / Title 26 / Chapter 3D / Section 3D-64
Rules, regulations.
Status: in_force

10. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act. L.2005, c.383, s.10; amended 2012, c.17, s.332.
N.J. Stat. § 26:1A-36.4 — NJ Code / Title 26 / Chapter 1A / Section 1A-36.4
Allocation procedure
Status: in_force

If the Commissioner of the Department of Health determines that an allocation from the contingency fund is required as a result of overspending beyond the availability of federal funds, he shall provide written notification to the Director of the Division of Budget and Accounting in the Department of the Treasury of his determination and the reasons therefor. The Director of the Division of Budget and Accounting shall review the commissioner's determination and if the director shall agree, he shall make such sums available to the Department of Health as in his opinion are required based on his review of the commissioner's determination. Upon his approval or disapproval of an allocation from the contingency fund, the director shall notify the Joint Budget Oversight Committee or its successor, of the approval or disapproval and the reasons therefor. L. 1987, c. 261, s. 4.
N.J. Stat. § 26:2N-9 — NJ Code / Title 26 / Chapter 2N / Section 2N-9
Administration of antibody titer prior to second dose of MMR vaccine.
Status: in_force

2. a. Prior to administering a second dose of the measles-mumps-rubella (MMR) vaccine to a child, a health care provider may give the child's parent or guardian the option of consenting to the administration of an antibody titer to determine whether or not the child has already developed immunity to MMR in response to a previously administered dose of the vaccine and would not require the second dose. b. Documented laboratory evidence of immunity from MMR shall exempt a child from further vaccination for MMR, as may be required pursuant to Department of Health regulations. L.2003, c.257, s.2; amended 2012, c.17, s.287.
N.J. Stat. § 26:3-31.1 — NJ Code / Title 26 / Chapter 3 / Section 3-31.1
Plumbing, ventilation and drainage of buildings and connection with sewers, cesspools, etc.; ordinances regulating
Status: in_force

Local boards of health may enact, amend or supplement ordinances to establish, amend or supplement rules and regulations affecting the installation, maintenance, repair and control of the plumbing, ventilation and drainage of buildings and the connection thereof with an outside sewer, cesspool or other receptacle, regulating the practice of plumbing, or dealing with the issuance of licenses to practice plumbing, by reference to such rules and regulations in any such ordinance and without the inclusion of the text thereof therein, if the rules and regulations to be adopted are printed or otherwise reproduced in book form as a code or as a part of a code of such rules and regulations; provided, that a copy of such printed code, so marked as to indicate plainly what portion thereof, if less than the whole, is intended to be adopted, is annexed to such ordinance; that said code or such portion thereof as is intended to be adopted is so described in said ordinance as to identify it and there is indicated in said description the common or trade name, if any, of such code of rules and regulations and that it is stated in the ordinance that three copies of said code, similarly marked, have been placed on file in the office of the municipal clerk, upon the introduction of said ordinance and will remain on file there until final action is taken on said ordinance, for the use and examination of the public. L.1948, c. 275, p. 1177, s. 1.
N.J. Stat. § 26:2-161 — NJ Code / Title 26 / Chapter 2 / Section 2-161
New Jersey Office on Minority and Multicultural Health.
Status: in_force

2. a. There is established the New Jersey Office on Minority and Multicultural Health in the Department of Health. b. Whenever the term "New Jersey Office on Minority Health" occurs or any reference is made thereto in any law, contract, or document, the same shall be deemed to mean or refer to the "New Jersey Office on Minority and Multicultural Health." L.1991, c.401, s.2; amended 2001, c.205, s.3; 2012, c.17, s.122.
N.J. Stat. § 26:4-122 — NJ Code / Title 26 / Chapter 4 / Section 4-122
Expenses, fees, and costs; lien on vessel
Status: in_force

The port health officer or local board to whom any moneys shall be due on account of any expense or fees shall have a lien for the amount of the expenses or fees, and for all costs of suit and such counsel fee for the plaintiff as the court may allow, upon the vessel, its tackle, apparel and furniture.
N.J. Stat. § 26:2C-8.37 — NJ Code / Title 26 / Chapter 2C / Section 2C-8.37
Inapplicability relative to vehicles, equipment meeting federal standard.
Status: in_force

12. Notwithstanding the provisions of P.L.2005, c.219 (C.26:2C-8.26 et al.), or any rule or regulation adopted pursuant thereto, to the contrary, no best available retrofit technology shall be required by the department to be used on any regulated on-road diesel vehicle manufactured and certified to meet a federal standard of 0.01 grams per brake-horsepower-hour of fine particle emissions, or on any regulated off-road diesel equipment manufactured and certified to meet a federal standard of 0.015 grams per brake-horsepower-hour of fine particle emissions. L.2005,c.219,s.12.
N.J. Stat. § 26:2D-88 — NJ Code / Title 26 / Chapter 2D / Section 2D-88
Rules, regulations.
Status: in_force

8. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall promulgate rules and regulations necessary to carry out the purposes of this act. L.1989, c.234, s.8; amended 2006, c.48, s.6; 2012, c.17, s.152.
N.J. Stat. § 26:2N-7.1 — NJ Code / Title 26 / Chapter 2N / Section 2N-7.1
Informational literature on pertussis vaccine for adults provided to hospitals, birthing centers.
Status: in_force

1. a. The Commissioner of Health shall prepare and make available to each hospital and birthing facility in the State informational literature on the pertussis vaccine for adults, including, but not limited to, information on the risks of pertussis, the morbidity and mortality rates among infants suffering from pertussis, the availability and efficacy of the tetanus-diphtheria-acellular pertussis booster vaccine, and the benefits of inoculating pregnant women, a new mother, and other adult family members with the booster vaccine, prior to an infant's birth or the mother's discharge from a hospital or birthing facility, as applicable, to prevent the transmission of pertussis to the infant. The commissioner may make the informational literature available to hospitals and birthing facilities by posting it on the Department of Health's Internet website or by other electronic means. b. The department shall require each hospital and birthing facility in the State to provide new mothers, including adoptive mothers, with the informational literature specified in subsection a. of this section. The informational literature shall be distributed to the mother and any other adult family member, including adult adoptive family members, present at the infant's birth, by the staff designated by the hospital or birthing facility, prior to the mother's discharge, as part of the hospital or birthing facility's discharge procedures. c. As used in this section "birthing facility" means an inpatient or ambulatory health care facility licensed by the Department of Health that provides birthing and newborn care services. L.2013, c.275, s.1.
N.J. Stat. § 26:2C-14 — NJ Code / Title 26 / Chapter 2C / Section 2C-14
Order to cease
Status: in_force

Whenever the department has cause to believe that any person is violating any code, rule or regulation promulgated by the department, the department shall cause a prompt investigation to be made in connection therewith. If upon inspection the department discovers a condition which is in violation of the provisions of this act or any code, rule or regulation promulgated pursuant thereto, it shall be authorized to order such violation to cease and to take such steps necessary to enforce such an order. The order to cease the violation issued by the commissioner and sent to the violator by certified mail or personal service shall include a reference to the section of the statute, regulation, order, or permit condition violated; the amount of the fine which shall be imposed; a concise statement of the facts alleged to constitute the violation; and a statement of the right of the violator to a hearing. The person responsible shall make the corrections necessary to comply with the requirements of this act or code, rule or regulation promulgated pursuant thereto within the time specified in the order. Nothing herein shall be deemed to prevent the department from prosecuting any violation of this act or any code, rule or regulation promulgated pursuant thereto, notwithstanding that such violation is corrected in accordance with its order. L. 1954, c. 212, p. 785, s. 14. Amended by L. 1962, c. 215, s. 6; L. 1967, c. 106, s. 8, eff. June 15, 1967; L. .1985, c. 12, s. 2, eff. Jan. 22, 1985.
N.J. Stat. § 26:2H-12.105 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.105
Violations, civil penalties, administrative action.
Status: in_force

5. A long-term care facility that violates the requirements of this act, or that employs a staff member who violates the requirements of this act, shall be subject to civil penalties or other administrative action as may be provided under Department of Health regulations. Nothing in this act shall be construed to limit the ability to bring any civil, criminal, or administrative action for conduct constituting a violation of any other provision of law. L.2021, c.33, s.5.
N.J. Stat. § 26:2H-13 — NJ Code / Title 26 / Chapter 2H / Section 2H-13
Violations; penalties; notice; hearing
Status: in_force

In addition to authority granted to the department by this act or any other law, the department after serving the licensee with specific charges in writing, may assess penalties and collect the same within the limitations imposed by this act, deny, place on probationary or provisional license, revoke or suspend any and all licenses granted under authority of this act to any person, firm, partnership, corporation or association violating or failing to comply with the provisions of this act, or the rules and regulations promulgated hereunder. Notice of the assessment of penalties, revocation, suspension, the placing on probationary or provisional license or denial of a license together with a specification of charges shall be served on the applicant or licensee, personally or sent by certified mail to the address of record and the notice shall set forth the particular reasons for the assessment, denial, suspension, the placing on probationary or provisional license or revocation of the license. Such assessment, denial, suspension, the placing on probationary or provisional license, or revocation shall become effective 30 days after mailing, unless the applicant or licensee, within such 30-day period shall meet the requirements of the department or shall file with the department a written answer to the charges and give written notice to the department of its desire for a hearing in which case the assessment, denial, suspension, the placing on probationary or provisional license, or revocation may be held in abeyance until the hearing has been concluded and a final decision rendered. The department shall afford the licensee an opportunity for a prompt hearing on the question of the assessment of penalties, the issuance, suspension or the placing on a probationary or provisional license, or revocation of the license. The procedure governing such hearings shall be in accordance with the rules and regulations of the department. Either party may be represented by counsel of his own choosing, and shall have the right to subpoena witnesses and to compel their attendance on forms furnished by the department. The commissioner shall arrange for prompt and fair hearings on all such cases, render written decisions stating conclusions and reasons therefor upon each matter so heard, and is empowered to enter orders of denial, suspension, placing on probationary or provisional license or revocation consistent with the circumstances in each case, and may assess penalties and collect the same within the limitations imposed by this act. L.1971, c. 136, s. 13.
N.J. Stat. § 26:2H-18.28 — NJ Code / Title 26 / Chapter 2H / Section 2H-18.28
Determination of uniform Statewide uncompensated care add-on
Status: in_force

5. a. For the periods beginning January or July of the hospitals' rate year, the department shall determine a uniform Statewide uncompensated care add-on. The commission shall approve the add-on before it is included in hospital rates. The add-on shall be determined by dividing the Statewide amount of approved uncompensated care plus an amount adequate to fund the reasonable cost of administering the fund pursuant to subsection a. of section 4 of P.L.1991, c.187 (C.26:2H-18.27) and to maintain the reserve pursuant to subsection c. of section 4 of P.L.1991, c.187 (C.26:2H-18.27), by the Statewide amount of approved revenue for all payers and approved revenue for medically indigent persons less the Statewide amount of approved uncompensated care. The Medicaid program shall provide its share of the uncompensated care add-on, as determined by the commission, through a direct contribution to the fund of an amount equal to the Medicaid program's State share of the uncompensated care add-on. The add-on and any increases made to the add-on are an allowable cost and shall be included as part of the hospital's rates as established by the commission. b. The amount of money raised by the uniform Statewide uncompensated care add-on, as a percentage of all governmental and nongovernmental approved revenue, shall not exceed 13%, except that the add-on shall not exceed 19.1%. The commissioner shall establish the following target levels for the add-on: 16% by July 1, 1993, 13% by July 1, 1994 and 10% by July 1, 1995. c. The uniform Statewide uncompensated care add-on for patients whose hospital bills are paid by a health maintenance organization or other payer which has negotiated a discounted rate of payment with the hospital shall be based on the full rate of reimbursement for the services provided by the hospital to the patient under the hospital reimbursement system established pursuant to P.L.1978, c.83, rather than on the discounted rate of payment. d. No provision of this section shall be construed to preclude the commission from approving individual hospital rate increases for uncompensated care in addition to the add-on. Such increases, however, shall not be paid from the moneys in the Health Care Trust Fund. L.1991,c.187,s.5; amended 1992,c.25,s.1; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
N.J. Stat. § 26:6A-5 — NJ Code / Title 26 / Chapter 6A / Section 6A-5
Death not declared in violation of individual's religious beliefs
Status: in_force

The death of an individual shall not be declared upon the basis of neurological criteria pursuant to sections 3 and 4 of this act when the licensed physician authorized to declare death, has reason to believe, on the basis of information in the individual's available medical records, or information provided by a member of the individual's family or any other person knowledgeable about the individual's personal religious beliefs that such a declaration would violate the personal religious beliefs of the individual. In these cases, death shall be declared, and the time of death fixed, solely upon the basis of cardio-respiratory criteria pursuant to section 2 of this act. L.1991,c.90,s.5.
N.J. Stat. § 26:2H-12.24 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.24
Findings, declarations relative to patient safety
Status: in_force

2. The Legislature finds and declares that: a. Adverse events, some of which are the result of preventable errors, are inherent in all systems, and the health care literature demonstrates that the great majority of medical errors result from systems problems, not individual incompetence; b. Well-designed systems have processes built in to minimize the occurrence of errors, as well as to detect those that do occur; they incorporate mechanisms to continually improve their performance; c. To enhance patient safety, the goal is to craft a health care delivery system that minimizes, to the greatest extent feasible, the harm to patients that results from the delivery system itself; d. An important component of a successful patient safety strategy is a feedback mechanism that allows detection and analysis not only of adverse events, but also of "near-misses"; e. To encourage disclosure of these events so that they can be analyzed and used for improvement, it is critical to create a non-punitive culture that focuses on improving processes rather than assigning blame. Health care facilities and professionals must be held accountable for serious preventable adverse events; however, punitive environments are not particularly effective in promoting accountability and increasing patient safety, and may be a deterrent to the exchange of information required to reduce the opportunity for errors to occur in the complex systems of care delivery. Fear of sanctions induces health care professionals and organizations to be silent about adverse events, resulting in serious under-reporting; and f. By establishing an environment that both mandates the confidential disclosure of the most serious, preventable adverse events, and also encourages the voluntary, anonymous and confidential disclosure of less serious adverse events, as well as preventable events and near misses, the State seeks to increase the amount of information on systems failures, analyze the sources of these failures and disseminate information on effective practices for reducing systems failures and improving the safety of patients. L.2004,c.9,s.2.
N.J. Stat. § 26:2H-7.18 — NJ Code / Title 26 / Chapter 2H / Section 2H-7.18
Information provided for criminal history record background check; procedure.
Status: in_force

4. a. An applicant for certification or a certified assisted living administrator, who is required to undergo a criminal history record background check pursuant to section 3 of this act, shall submit to the commissioner that individual's name, address and fingerprints taken on standard fingerprint cards by a State or municipal law enforcement agency. The commissioner is authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police in the Department of Law and Public Safety for use in making the determinations required by this act. b. Upon receipt of the criminal history record information for a person from the Federal Bureau of Investigation or the Division of State Police, the commissioner shall immediately notify, in writing, the applicant, and the applicant's employer, if the applicant is conditionally employed as provided in subsection d. of this section, or the applicant's prospective employer, if known, or a certified assisted living administrator who is required to undergo a criminal history record background check pursuant to section 3 of this act and that person's employer, as applicable, of the person's qualification or disqualification for certification under this act. If the person is disqualified, the conviction or convictions which constitute the basis for the disqualification shall be identified in the notice to the person, but shall not be identified in the notice to the person's employer or prospective employer. c. The person who is the subject of the background check shall have 30 days from the date of the written notice of disqualification to petition the commissioner for a hearing on the accuracy of the person's criminal history record information or to establish the person's rehabilitation under subsection e. of section 3 of this act. The commissioner shall notify the person's employer or prospective employer of the person's petition for a hearing within five days following the receipt of the petition from the person. Upon the issuance of a final decision upon a petition to the commissioner pursuant to this subsection, the commissioner shall notify the person and the person's employer or prospective employer as to whether the person remains disqualified from certification under this act. d. (1) An applicant for certification may be issued conditional certification and may be employed as an assisted living administrator conditionally for a period not to exceed 60 days, pending completion of a criminal history record background check required under this act by the Division of State Police based upon an examination of its own files, in accordance with section 7 of P.L.2002, c.25 (C.53:1-20.9c), and for an additional period not to exceed 60 days pending completion of a criminal history record background check by federal authorities as arranged for by the Division of State Police pursuant to section 7 of P.L.2002, c.25 (C.53:1-20.9c), if the person submits to the commissioner a sworn statement attesting that the person has not been convicted of any crime or disorderly persons offense as described in section 3 of this act. A person who submits a false sworn statement shall be disqualified from certification, and shall not have an opportunity to establish rehabilitation pursuant to subsection e. of section 3 of this act. (2) A conditionally employed person or an employed certified assisted living administrator, who disputes the accuracy of the criminal history record information and who files a petition requesting a hearing pursuant to subsection c. of this section, may remain employed until the commissioner rules on the person's petition but, pending the commissioner's ruling, the person shall not have unsupervised contact with residents at the assisted living residence or program. e. (1) A licensed assisted living residence or program, as applicable, that has received an application from or conditionally employs an applicant for assisted living administrator or employs a certified assisted living administrator, and: (a) receives notice from the commissioner that the applicant or certified assisted living administrator has been determined by the commissioner to be disqualified from certification as an assisted living administrator pursuant to this act; or (b) terminates its employment of a conditionally employed applicant for assisted living administrator or a certified assisted living administrator because the person was disqualified from employment at the assisted living residence or program on the basis of a conviction of a crime or disorderly persons offense as described in section 3 of this act after commencing employment at the assisted living residence or program; shall be immune from liability for disclosing that disqualification or termination in good faith to another licensed health care facility or other entity that is qualified by statute or regulation to employ the person as a certified administrator. (2) A licensed health care facility or other entity which discloses information pursuant to paragraph (1) of this subsection shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the health care facility or other entity acted with actual malice toward the person who is the subject of the information. f. (1) An assisted living residence or program, as applicable, upon receiving notice from the commissioner that a person employed by it as an assisted living administrator, including a conditionally employed person, has been convicted of a crime or disorderly persons offense as described in section 3 of this act after commencing employment at the assisted living residence or program, shall: (a) immediately terminate the person's employment as an assisted living administrator; and (b) report information about the termination to the commissioner in a manner prescribed by the commissioner, who shall thereupon deem the person to be disqualified from certification as an assisted living administrator, subject to the provisions of subsection c. of this section. (2) An assisted living residence or program shall be immune from liability for any actions taken in good faith pursuant to paragraph (1) of this subsection and shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the assisted living residence or program acted with actual malice toward the employee. L.2002,c.25,s.4.
N.J. Stat. § 26:1A-25 — NJ Code / Title 26 / Chapter 1A / Section 1A-25
Recovery by State of moneys expended where local board fails to perform
Status: in_force

Any moneys expended by the State, and the amount of all obligations incurred by the State Department, to comply with the orders mentioned in section twenty-three of this act may be recovered in an action at law, in the name of the State Department, from the municipality the local board of health of which failed to comply with the order, and when recovered shall be paid to the State Treasurer. L.1947, c. 177, p. 803, s. 25.
N.J. Stat. § 26:2C-49 — NJ Code / Title 26 / Chapter 2C / Section 2C-49
Certification that dispatch agreement facility qualifies for purchase of allowances.
Status: in_force

5. a. The owner or operator of a dispatch agreement facility may certify to the department that the dispatch agreement facility qualifies to purchase allowances pursuant to section 4 of P.L. 2007, c.340 (C.26:2C-48). b. The certification submitted to the department pursuant to subsection a. of this section shall be through a sworn affidavit with supporting documentation from an independent entity that attests to the facility's adherence to the definition of dispatch agreement facility as set forth in section 2 of P.L.2007, c.340 (C.26:2C-46). The affidavit shall be signed by both an official representative of the independent entity and by the chief financial officer or their equivalent of the owner or operator of the dispatch agreement facility. If there are any material changes to the sworn affidavit or supporting documentation filed with the department, the independent entity and representative of the owner or operator of the dispatch agreement facility shall resubmit an affidavit pursuant to this section within 30 days after the change occurs. c. The certification shall be received by the department at least 30 days prior to the department making a notification, pursuant to subsection a. of section 4 of P.L.2007, c.340 (C.26:2C-48), of an offer to sell allowances to dispatch agreement facilities in order for the dispatch agreement facility to be deemed eligible to participate in the sale. d. The owner or operator of a dispatch agreement facility claiming certification pursuant to this section shall provide on site, upon the request of the department, any information the department requires to determine the validity and extent of the certification. e. Any signatory to the sworn affidavit in subsection b. of this section who knowingly gives or causes to be given any false or misleading information or who knowingly makes any false or misleading statement in complying with the provisions of this section shall be subject to a civil penalty of not more than $500,000 for each offense and shall not be eligible to be certified as a dispatch agreement facility. Civil penalties imposed pursuant to this section shall be collected in a civil action by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). In addition to any penalties, the court may assess against the violator the amount of any economic benefit accruing to the violator from the violation of the provisions of this section. f. All penalties collected pursuant to this section shall be deposited in the "Global Warming Solutions Fund," established pursuant to section 6 of P.L.2007, c.340 (C.26:2C-50), and kept separate from other receipts deposited therein, and appropriated for the purposes of that fund. L.2007, c.340, s.5.
N.J. Stat. § 26:2H-18.35 — NJ Code / Title 26 / Chapter 2H / Section 2H-18.35
Reporting by hospitals of patient accounts referred to collection agency
Status: in_force

The department shall, for the purpose of developing patient profiles, require a hospital to report the following information about any patient who was served on an inpatient basis or on any patient served on an outpatient basis with an account balance greater than $125, whose account has been referred to a collection agency or for legal action pursuant to paragraph (3) of subsection b. of section 10 of P.L.1989, c.1 (C.26:2H-18.13) or to paragraph (3) of subsection b. of section 11 of P.L.1991, c.187 (C.26:2H-18.33): the patient's age; sex; marital status; employment status and if employed, whether the employment is full or part-time; type of health insurance coverage, and if the patient is a child under 18 years of age who does not have health insurance coverage or a married person who does not have health insurance coverage, whether the child's parent or the married person's spouse, as the case may be, has health insurance coverage. The hospital shall also include a copy of any billing information about the patient's account, at the point of write-off as a bad debt, which is provided to a collection agency or any other person for legal action, including whether the amount due and owing represents the patient or responsible party's failure to pay a full hospital bill, a partial hospital bill, or an insurance copayment or deductible. The hospital shall provide the information to the department on a quarterly basis, on a form developed by the department, in consultation with the New Jersey Hospital Association. L.1991,c.187,s.13; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
N.J. Stat. § 26:2H-5.22 — NJ Code / Title 26 / Chapter 2H / Section 2H-5.22
Violations, penalties.
Status: in_force

6. A covered health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) that is in violation of the provisions of this act shall be subject to such penalties as the Commissioner of Health may determine pursuant to sections 13 and 14 of P.L.1971, c.136 (C.26:2H-13 and 26:2H-14). L.2007, c.236, s.6; amended 2012, c.17, s.167.
N.J. Stat. § 26:3E-3 — NJ Code / Title 26 / Chapter 3E / Section 3E-3
Instructional posters; preparation and distribution
Status: in_force

The Department of Health shall prepare instructional posters and pamphlets which illustrate choke prevention techniques such as the "Heimlich Maneuver" and distribute the posters and pamphlets to local boards of health for distribution to restaurants. L.1983, c. 488, s. 3.
N.J. Stat. § 26:3-38 — NJ Code / Title 26 / Chapter 3 / Section 3-38
Establishment and control; annual expenses
Status: in_force

The local board having charge of the public health in any city of the first class, provided the body having charge of the finances in such city shall appropriate the necessary moneys: a. Shall establish, in suitable locations in the city, dispensaries for the free distribution of medicines among the poor, and for that purpose shall procure suitable quarters where medicines and medical attendance can be given to the poor of the city; b. May appoint for that purpose necessary officers or employees and fix their salaries and terms of office; and c. May provide medicines and medical attendance, and, in general, supervise and direct the affairs of such dispensaries. The expense incurred under the provisions of this section shall not exceed ten thousand dollars in any one year.
N.J. Stat. § 26:2H-88 — NJ Code / Title 26 / Chapter 2H / Section 2H-88
Definitions relative to PACE program.
Status: in_force

1. As used in this act: "Medicaid" means the program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.). "Medicare" means the program established pursuant to Pub.L.89-97 (42 U.S.C. s.1395 et seq.). "PACE" means the "Program of All-Inclusive Care for the Elderly," operated by a public, private, nonprofit, or proprietary entity, as permitted by federal law. The program is a comprehensive health and social services delivery system that integrates acute and long-term care services. PACE is a capitated program which provides services to disabled and frail elderly persons who are certified by the State as nursing home eligible to maximize their autonomy and continued independence. L.1997, c.296, s.1; amended 2015, c.152, s.1.
N.J. Stat. § 26:8A-1 — NJ Code / Title 26 / Chapter 8A / Section 8A-1
Short title.
Status: in_force

1. This act shall be known and may be cited as the "Domestic Partnership Act." L.2003,c.246,s.1.
N.J. Stat. § 26:1A-114 — NJ Code / Title 26 / Chapter 1A / Section 1A-114
Staff of division; qualifications; advisory services; professionally trained personnel
Status: in_force

The staff of the division should be qualified to provide consultative and advisory assistance to other State agencies and to local agencies or organizations which are developing or improving their particular services to the aging. In addition to the director and necessary clerical personnel, the staff should include such professionally trained persons as shall be necessary to carry out the purposes of this act. L.1957, c. 72, p. 142, s. 8. Amended by L.1966, c. 61, s. 8.
N.J. Stat. § 26:2-175 — NJ Code / Title 26 / Chapter 2 / Section 2-175
Findings, declarations relative to postpartum depression
Status: in_force

1. The Legislature finds and declares that: a. Postpartum depression is the name given to a wide range of emotional, psychological and physiological reactions to childbirth, including loneliness, sadness, fatigue, low self-esteem, loss of identity, increased vulnerability, irritability, confusion, disorientation, memory impairment, agitation and anxiety, which challenge the stamina of the new mother and impair her ability to function and nurture her newborn child; b. Postpartum depression is the result of a chemical imbalance triggered by a sudden dramatic drop in hormonal production after the birth of a baby, and women at highest risk for postpartum depression are those with a previous psychiatric difficulty, such as depression, anxiety or panic disorder and those with a family member suffering from such a psychiatric difficulty, but postpartum depression frequently strikes without warning in women without any past emotional problems or psychiatric difficulties and without any complications in pregnancy. Symptoms may appear at any time after delivery; c. Women are more likely to suffer from mood and anxiety disorders during pregnancy and following childbirth than at any other time in their lives; 70 to 80% of all new mothers suffer some degree of postpartum mood disorder lasting anywhere from a week to as much as a year or more, and approximately 10 to 20% of new mothers experience a paralyzing, diagnosable clinical depression; d. Many new mothers suffering from postpartum depression require counseling and treatment, yet many do not realize that they need help. Those whose illness is severe may require medication to correct the underlying brain chemistry that is disturbed; e. Postpartum depression dramatically distorts the image of perfect new motherhood and is often dismissed by the woman suffering from this illness and those around her. Sometimes it is thought to be a weakness on the part of the sufferer that is self-induced and self-controllable; f. Currently, the United States lacks any organized treatment protocol for postpartum depression and lags behind most other developed countries in providing information, support and treatment for postpartum depression; g. If early recognition and treatment are to occur, postpartum depression must be discussed in childbirth classes and obstetrical office visits and public education about this illness must be enhanced to lift the social stigma associated with the illness. Such discussion and education will increase the chance that a woman will inform others of her symptoms as she would for physical complications; h. It is imperative that health care providers who provide prenatal and postnatal care to women have a thorough understanding of postpartum depression so that they can detect and diagnose this illness in its earliest stages and thus prevent the most severe cases; i. In addition to the mother, the effects of postpartum depression can also impact the child and the father significantly. Maternal depression can affect the mother's ability to respond sensitively to her infant's needs, and can strain the parent's relationship as the father feels anxious and helpless because he does not understand what is going wrong or what is the source of the depression; and j. Postpartum depression is one of the most treatable and curable of all forms of mental illness, and education about this illness can be very beneficial to new parents coping with these emotional and hormonal changes by helping them decide if and when they need outside help. L.2000,c.167,s.1.
N.J. Stat. § 26:2H-12.65 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.65
Continuing education requirement.
Status: in_force

4. A person who qualifies to practice surgical technology in a health care facility under section 2 of this act shall annually complete 15 hours of continuing education to remain qualified to practice as a surgical technologist in this State. L.2011, c.148, s.4.
N.J. Stat. § 26:2I-33 — NJ Code / Title 26 / Chapter 2I / Section 2I-33
Pledges of health care organizations.
Status: in_force

33. Any pledge of moneys, earnings, income or revenues authorized with respect to health care organizations, pursuant to the provisions of this act, shall be valid and binding from the time when the pledge is made. The moneys, earnings, income or revenues so pledged and thereafter received by the pledgor shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the pledgor irrespective of whether such parties have notice thereof. No instrument by which such a pledge is created need be filed or recorded in any manner. L.1972,c.29,s.33; amended 1997, c.435, s.18.
N.J. Stat. § 26:2D-50 — NJ Code / Title 26 / Chapter 2D / Section 2D-50
Determination by state treasurer; amended, invalid or valid statement
Status: in_force

If, after the hearing, the State Treasurer finds that any part of the charge against the objecting operator of a nuclear electric generating facility is excessive, erroneous, or invalid, he shall transmit to the operator of a nuclear electric generating facility, by registered mail, an amended statement in accordance with the findings, which shall have the same force and effect as an original statement. If the State Treasurer finds the entire statement invalid, he shall notify the objecting operator of a nuclear electric generating facility, by registered mail, of the determination, and the original statement shall be null and void. If the State Treasurer finds that the statement as rendered is neither excessive, erroneous, unlawful nor invalid, in whole or in part, he shall transmit notice thereof to the objecting utility by registered mail. L.1981, c. 302, s. 14, eff. Oct. 27, 1981. Amended by L.1984, c. 98, s. 4, eff. July 1, 1985.
N.J. Stat. § 26:5C-19 — NJ Code / Title 26 / Chapter 5C / Section 5C-19
Agreements authorized
Status: in_force

5. The commissioner is authorized to enter into agreements with the federal government and public health agencies in other states to achieve greater effectiveness or efficiency in carrying out the provisions of this act. L.1995,c.174,s.5.
N.J. Stat. § 26:2H-5.33 — NJ Code / Title 26 / Chapter 2H / Section 2H-5.33
Definitions relative to actions by health care facilities.
Status: in_force

26. a. As used in this section: "Health care facility" or "facility" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). "Health care professional" means a person licensed to practice a health care profession pursuant to Title 45 of the Revised Statutes. b. (1) The existing policies and procedures utilized by a health care facility shall, to the maximum extent possible, govern the taking of any action by a health care professional pursuant to sections 1 through 20 of P.L.2019, c.59 (C.26:16-1 et seq.) on the premises owned by, or under the direct control of, the facility, except as otherwise prescribed by regulation of the Commissioner of Health pursuant to paragraph (4) of this subsection. (2) Any action taken by a health care facility to participate in P.L.2019, c.59 (C.26:16-1 et al.) shall be voluntary on the part of the facility. (3) A health care facility shall not be subject to a licensure enforcement action by the Department of Health for any action taken in compliance with the provisions of P.L.2019, c.59 (C.26:16-1 et al.). (4) The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to implement the provisions of sections 1 through 20 of P.L.2019, c.59 (C.26:16-1 et seq.), concerning their application to a health care facility and any action taken by a health care professional on the premises owned by, or under the direct control of, the facility. (5) The provisions of this subsection shall not preclude a health care facility or health care professional from providing to a patient any health care services to which the provisions of sections 1 through 20 of P.L.2019, c.59 (C.26:16-1 et seq.) do not apply. L.2019, c.59, s.26.
N.J. Stat. § 26:2H-165 — NJ Code / Title 26 / Chapter 2H / Section 2H-165
Hospital at Home, hospital, permitted, acute care services, Department of Health.
Status: in_force

3. a. Notwithstanding any provision of law to the contrary, the department shall establish a State program to permit a hospital to provide acute care services to an individual outside of the hospital's licensed facility and within a private residence designated by the individual. The program shall be established in a manner that is consistent with the provisions of the federal Acute Hospital Care at Home Program and shall remain in effect for such time as the federal Acute Hospital Care at Home Program remains in effect. b. Any hospital issued a waiver to operate, or otherwise approved to participate in, the federal Acute Hospital Care at Home Program shall be permitted to operate under the federal program to the extent permitted under the federal program for such time as the federal program remains in effect. L.2023, c.163, s.3.
N.J. Stat. § 26:2-111.7 — NJ Code / Title 26 / Chapter 2 / Section 2-111.7
"Let Them Be Little Act," screening of newborns for MPSI and MPSII provided.
Status: in_force

1. a. All infants born in this State shall be tested for mucopolysaccharidosis I (MPS I), also known as Hurler syndrome, Hurler-Scheie syndrome, or Scheie syndrome, beginning six months following the occurrence of all of the following: (1) the development of a reliable test or series of tests for screening newborns for MPS I using dried blood spots and quality assurance testing methodology for Hunter syndrome testing; (2) the availability of quality assurance materials for the MPS I test from the federal Centers for Disease Control and Prevention; (3) the inclusion of newborn screening for MPS I in the Recommended Uniform Screening Panel of the United States Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children, after the committee's evidence review of newborn screening for MPS I; (4) the review by the Department of Health of the proposed test; and (5) the acquisition of equipment necessary to implement the expanded screening tests by the State's Newborn Screening Laboratory. b. All infants born in this State shall be tested for mucopolysaccharidosis II (MPS II), also called Hunter syndrome, beginning six months following the occurrence of all of the following: (1) the development of a reliable test or series of tests for screening newborns for MPS II using dried blood spots and quality assurance testing methodology for Hunter syndrome testing; (2) the availability of quality assurance materials for the MPS II test from the federal Centers for Disease Control and Prevention; (3) the inclusion of newborn screening for MPS II in the Recommended Uniform Screening Panel of the United States Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children, after the committee's evidence review of newborn screening for MPS II; (4) the review by the Department of Health of the proposed test; and (5) the acquisition of equipment necessary to implement the expanded screening tests by the State's Newborn Screening Laboratory. c. The Department of Health may charge a reasonable fee and any reasonable increase in this fee as necessary, for the tests performed pursuant to this section. The amount of the fee and the procedures for collecting the fee shall be determined by the Commissioner of Health. L.2014, c.44, s.1.
N.J. Stat. § 26:8A-8 — NJ Code / Title 26 / Chapter 8A / Section 8A-8
Duties of local registrar.
Status: in_force

8. a. The local registrar shall: (1) stamp each completed Affidavit of Domestic Partnership received with the date of its receipt and the name of the registration district in which it is filed; and (2) immediately provide two copies of the stamped Affidavit of Domestic Partnership to the person who files that document. b. Upon the filing of an Affidavit of Domestic Partnership and payment of the appropriate filing fee, the local registrar shall immediately complete a Certificate of Domestic Partnership with the domestic partners' relevant information and the date that the domestic partnership was established. The local registrar shall then issue to the domestic partners two copies of the certificate and two copies of the Notice of the Rights and Obligations of Domestic Partners. Copies of the Certificate of Domestic Partnership shall be prepared and recorded in the local registrar's records and with the State registrar. c. Each local registrar shall, on or before the 10th day of each calendar month, or sooner if requested by the Department of Health and Senior Services, transmit to the State registrar the original of all the Affidavits of Domestic Partnership and Certificates of Domestic Partnership received or prepared by the local registrar for the preceding month. L.2003,c.246,s.8.
N.J. Stat. § 26:3-91 — NJ Code / Title 26 / Chapter 3 / Section 3-91
Persons already employed by boards of health; control and direction of work
Status: in_force

Nothing in this act shall be construed to prohibit a board of health participating in a regional health commission from retaining persons already in its employ, but the work of such persons, insofar as it relates to matters over which the health officer furnished by the regional health commission has supervision in the municipality, shall thereafter be directed by such health officer. L.1938, c. 67, p. 178, s. 9.
N.J. Stat. § 26:4-34 — NJ Code / Title 26 / Chapter 4 / Section 4-34
Duty of attending physician
Status: in_force

The physician in attendance upon a person having an infectious venereal disease, or suspected of having such disease, shall instruct the person in the precautionary measures for preventing the spread of the disease and the necessity for systematic and prolonged treatment. He also shall furnish to the person printed instructions for preventing infection, to be supplied to the physician by the state department on request.
N.J. Stat. § 26:2H-12.47 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.47
Information provided to patients.
Status: in_force

2. When a hospital advises a patient of the option to donate or store umbilical cord blood or placental tissue as provided in section 1 of this act, it shall provide the patient with the following information: a. a description of the health benefits to the community from donating umbilical cord blood or placental tissue to an NMDP-affiliated public umbilical cord blood bank; b. a description of the potential benefits to the patient and her family from storing umbilical cord blood or placental tissue with a private umbilical cord blood bank; c. notice to the patient of her option to decline to donate umbilical cord blood or placental tissue to an NMDP-affiliated public umbilical cord blood bank or to store it with a private umbilical cord blood bank; and d. notice to the patient that a private umbilical cord blood bank may assess fees for the donation and storage of umbilical cord blood or placental tissue, and that she may donate umbilical cord blood or placental tissue to an NMDP-affiliated public umbilical cord blood bank at no charge to herself or her family. L.2007, c.247, s.2.
N.J. Stat. § 26:2-184.3 — NJ Code / Title 26 / Chapter 2 / Section 2-184.3
Information included in mammography report.
Status: in_force

10. A facility that provides a mammography report pursuant to the federal Mammography Quality Standards Act, 42 U.S.C. s.263b, shall include the following information, at a minimum, in the mammography report sent to the patient and the patient's health care provider: "Your mammogram may show that you have dense breast tissue as determined by the Breast Imaging Reporting and Data System established by the American College of Radiology. Dense breast tissue is very common and is not abnormal. However, in some cases, dense breast tissue can make it harder to find cancer on a mammogram and may also be associated with a risk factor for breast cancer. Discuss this and other risks for breast cancer that pertain to your personal medical history with your health care provider. A report of your results was sent to your health care provider. You may also find more information about breast density at the website of the American College of Radiology, www.acr.org." L.2013, c.196, s.10.
N.J. Stat. § 26:16-19 — NJ Code / Title 26 / Chapter 16 / Section 16-19
Claims by governmental entity, certain circumstances.
Status: in_force

19. Any governmental entity that incurs costs resulting from a qualified terminally ill patient choosing to self-administer medication prescribed pursuant to P.L.2019, c.59 (C.26:16-1 et al.) in a public place has a claim against the estate of the patient to recover those costs and reasonable attorneys' fees related to enforcing the claim. L.2019, c.59, s.19.
N.J. Stat. § 26:2H-18.34 — NJ Code / Title 26 / Chapter 2H / Section 2H-18.34
Annual audit of hospital's uncompensated care
Status: in_force

a. The department shall annually provide for an audit of each hospital's uncompensated care within a time frame established by rules and regulations adopted by the commissioner. b. Prior to the department's final approval of the audit, the results of the audit shall be reviewed with the hospital. If a hospital disputes an audit adjustment, the hospital may appeal the adjustment to the commission. The commission shall resolve the dispute within 90 calendar days of the date on which the hospital appealed the adjustment. c. Upon receipt and acceptance of the final audit, the commission, within 90 calendar days, shall adjust a hospital's schedule of rates so that the rates reflect the audit adjustment. L.1991,c.187,s.12; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
N.J. Stat. § 26:2O-3 — NJ Code / Title 26 / Chapter 2O / Section 2O-3
Eligibility for financial assistance
Status: in_force

3. a. A person with cystic fibrosis is eligible for assistance under this act for the purchase of supplemental, nutritious foods and prescription drugs and medical supplies and equipment that are necessary for the treatment of cystic fibrosis, if the person is 18 years of age or older and (1) the person's annual income is less than $30,000; or (2) the person's annual income is $30,000 or greater, but the person has incurred, within the last 12 months, prescription drug and medical supplies and equipment costs related to the treatment of cystic fibrosis, the total cost of which, when deducted from the person's income, reduces the person's income to under $30,000. b. A person with cystic fibrosis who is 18 years of age or older who has health insurance is eligible for financial assistance under this act of up to $500 per year to help meet the cost of the deductible on the insurance policy if the person's annual income is less than $30,000. This financial assistance may be provided in addition to assistance for the purchase of supplemental, nutritious foods and pharmaceutical drugs and medical supplies and equipment. c. Beginning in January 1995 and annually thereafter, the income eligibility limits provided in subsections a. and b. of this section shall increase in accordance with the Consumer Price Index published by the federal government. The Commissioner of Health shall annually adopt the new income eligibility limits by regulation, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). L.1989,c.270,s.3; amended 1995,c.80.
N.J. Stat. § 26:2H-77 — NJ Code / Title 26 / Chapter 2H / Section 2H-77
Applicability of other law
Status: in_force

25. a. The withholding or withdrawing of life-sustaining treatment pursuant to section 15 of this act, when performed in good faith, and in accordance with the terms of an advance directive and the provisions of this act, shall not constitute homicide, suicide, assisted suicide, or active euthanasia. b. To the extent any of the provisions of this act are inconsistent with P.L.1971, c.373 (C.46:2B-8 et seq.) concerning the designation of a health care representative, the provisions of this act shall have priority over those of P.L.1971, c.373 (C.46:2B-8 et seq.). Durable powers of attorney for health care executed pursuant to P.L.1971, c.373 (C.46:2B-8 et seq.) prior to the effective date of this act shall have the same legal force and effect as if they had been executed in accordance with the provisions of this act. c. Nothing in this act shall be construed to impair the rights of emancipated minors under existing law. L.1991,c.201,s.25.
N.J. Stat. § 26:2C-17 — NJ Code / Title 26 / Chapter 2C / Section 2C-17
Hearings before department
Status: in_force

Any hearing required by this act to be held before the department shall be held before the State Commission of Health, or a member of the department designated by him, who shall have power to subpoena witnesses and compel their attendance, administer oaths and require the production for examination of any books or papers relating to any matter under investigation in any such hearing. The department, at the request of any respondent to a complaint made by it, or to it, pursuant to this act, shall subpoena and compel the attendance of such witnesses as the respondent may designate and require the production for examination of any books or papers relating to any matter under investigation in any such hearing. L.1954, c. 212, p. 785, s. 17.
N.J. Stat. § 26:2C-19.1 — NJ Code / Title 26 / Chapter 2C / Section 2C-19.1
Findings, declaration
Status: in_force

1. The Legislature finds that equipment in facilities regulated by the "Air Pollution Control Act (1954)," P.L.1954, c.212, may malfunction or fail to perform optimally, even when carefully maintained and operated; that violations of the act may occur due to an unforeseeable and unavoidable malfunction, during equipment start-up or shut-down, or during necessary equipment maintenance due to the inherently intricate nature of mechanical equipment; and that these violations should not be accorded penalties as long as any resulting air emission causes no potential threat to the public health, welfare or the environment. The Legislature therefore finds and declares that it is the policy of this State to protect the public health, welfare and the environment, to promote the careful operation and maintenance of equipment in facilities regulated by the "Air Pollution Control Act (1954)," and to reduce the unnecessary burden of monetary penalties for violations caused by a non-recurring equipment malfunction, equipment start-up, or equipment shut-down or during necessary equipment maintenance by providing an affirmative defense to liability for penalties when a facility is operated and maintained carefully, when all reasonable steps are taken to minimize emission levels caused by a violation, and when the emissions do not cause a potential threat to the public health, welfare or the environment. L.1993,c.89,s.1.
N.J. Stat. § 26:2H-111 — NJ Code / Title 26 / Chapter 2H / Section 2H-111
Additional responsibilities of responsible mental health care professional.
Status: in_force

10. In addition to any rights and responsibilities recognized or imposed by or pursuant to this act, or by any other law, a mental health care professional shall have the following responsibilities: a. The responsible mental health care professional shall make an affirmative inquiry of the patient, the patient's family or others, as appropriate under the circumstances, concerning the existence of an advance directive for mental health care. The responsible mental health care professional shall note in the patient's medical records whether or not an advance directive exists, and the name of the patient's mental health care representative, if any, and shall attach a copy of the advance directive to the patient's medical records. The responsible mental health care professional shall document in the same manner the reaffirmation, modification, revocation or suspension of an advance directive, if he has knowledge of such action. b. In the event of a transfer of a patient's care: (1) The responsible mental health care professional shall assure the timely transfer of the patient's medical records, including a copy of the patient's advance directive for mental health care; and (2) A mental health care professional other than the responsible mental health care professional, who is responsible for the patient's care, shall cooperate in effecting an appropriate, respectful and timely transfer of care, and to assure that the patient is not abandoned or treated disrespectfully. L.2005,c.233,s.10.
N.J. Stat. § 26:4-49 — NJ Code / Title 26 / Chapter 4 / Section 4-49
Additional penalty for second offense
Status: in_force

In case a defendant shall have been twice convicted, within the space of six months, of the violation of the same provision of this article and due proof of such fact is made, the court may, in addition to the imposition of the penalty prescribed by section 26:4-129 of this Title, cause the defendant to be imprisoned, with or without hard labor, for any number of days not exceeding one for each dollar of the penalty. Amended by L.1953, c. 26, p. 474, s. 37.
N.J. Stat. § 26:2D-47 — NJ Code / Title 26 / Chapter 2D / Section 2D-47
Duties of department of energy
Status: in_force

The Department of Energy shall, within 1 year of the effective date of this act: a. Complete a study and evaluation of all existing emergency energy supplies available to the State and accessible to affected counties and municipalities in the event of a radiation accident or threatened radiation accident, and submit such study to the department and the division, and relevant portions shall be submitted by the department thereof to municipalities charged with developing local emergency response plans for their use in preparing emergency response plans; and b. Develop and submit to the department and the division, for inclusion in the plan, and update annually, an emergency energy supply plan to assure that any area affected by a radiation accident or threatened radiation accident, will have access to sufficient energy supplies to implement any emergency response plans or procedures. L.1981, c. 302, s. 11, eff. Oct. 27, 1981.
N.J. Stat. § 26:1A-30 — NJ Code / Title 26 / Chapter 1A / Section 1A-30
Abatement of nuisance; costs
Status: in_force

In every such action in which it shall be ascertained by the court that the nuisance or source of foulness or ill health existed at the time of the commencement of the action, substantially as therein set forth, the court may abate the same by an injunction or otherwise. The court may charge the costs of the action upon the property whereon the nuisance or source of foulness or ill health is found, and enforce the payment of the same by the sale of the property or any part of it; or the court may order the persons who caused the nuisance or source of foulness or ill health, or allowed the same to continue, to pay the costs. L.1947, c. 177, p. 804, s. 30. Amended by L.1953, c. 26, p. 466, s. 5.
N.J. Stat. § 26:2K-58 — NJ Code / Title 26 / Chapter 2K / Section 2K-58
Certified persons not charged a fee
Status: in_force

5. An agency, organization or other entity which receives monies from the fund shall not charge a fee to a person who is certified to be a member of, or an applicant to be a member of, a volunteer ambulance, first aid or rescue squad by the chief supervising officer of that squad. L.1992,c.143,s.5.
N.J. Stat. § 26:1A-20 — NJ Code / Title 26 / Chapter 1A / Section 1A-20
Local health officials, duties of
Status: in_force

Every local health official shall furnish the commissioner with such information as the commissioner may demand, and shall perform such acts as the commissioner may direct, with regard to, and within, the territory under the jurisdiction of the local health official. L.1947, c. 177, p. 802, s. 20.
N.J. Stat. § 26:8-54 — NJ Code / Title 26 / Chapter 8 / Section 8-54
Certified copies of corrected certificates
Status: in_force

For all important changes to certificates, the certified copies issued by the state department, state registrar or a local registrar shall show the information as originally given and the corrected data.
N.J. Stat. § 26:4-47 — NJ Code / Title 26 / Chapter 4 / Section 4-47
Free diagnosis and treatment by state department of health
Status: in_force

The State Department of Health may: a. Provide appropriate laboratory services for the diagnosis of sexually-transmitted diseases; b. Provide antibiotics and other appropriate drugs and biologicals for the treatment and prevention of sexually-transmitted diseases. c. (Deleted by amendment.) d. (Deleted by amendment.) The Commissioner of Health may promulgate rules and regulations pertaining to payment for services and materials provided by the department hereunder, including a schedule of fees for such services and materials, consistent with the promotion of public health and the prevention of disease within the State. Amended by L.1973, c. 74, s. 1, eff. April 11, 1973.
N.J. Stat. § 26:2H-124 — NJ Code / Title 26 / Chapter 2H / Section 2H-124
Priority of provisions of act.
Status: in_force

24. a. (1) To the extent that any of the provisions of this act are inconsistent with P.L.2000, c.109 (C.46:2B-8.1 et seq.) concerning the designation of a mental health care representative, the provisions of this act shall have priority over those of P.L.2000, c.109. (2) Durable powers of attorney for health care executed pursuant to P.L.2000, c.109 prior to the effective date of this act shall have the same legal force and effect as if they had been executed in accordance with the provisions of this act. b. Nothing in this act shall be construed to impair the rights of emancipated minors under existing law. L.2005,c.233,s.24.
N.J. Stat. § 26:8-40.30 — NJ Code / Title 26 / Chapter 8 / Section 8-40.30
Establishment, maintenance of data base.
Status: in_force

4. a. Within two years after the effective date of this act, the Department of Health shall establish and maintain a new database, or update an existing database, that contains a confidential record of all data obtained pursuant to section 3 of this act, except that if the department develops the technical capability, the department shall establish and maintain the new, or update the existing, database prior to the two years after the effective date of this act. b. The data shall be made available to the public through the department website, except that no data shall identify any person to whom the data relate. L.2013, c.217, s.4.
N.J. Stat. § 26:1A-93 — NJ Code / Title 26 / Chapter 1A / Section 1A-93
Declaration of public policy
Status: in_force

The growing problem of prevention, detection and care of chronic illness, which is of such character as not to be exclusively medical, educational or welfare, has now reached such proportions in this State as to require the participation of the State and of the agencies administering public health, education and welfare within the State and it is hereby declared to be the public policy of this State that the responsibility therefor must be shared by the State and the counties and the several municipalities and health districts and the voluntary agencies and institutions within the State and the public at large. L.1952, c. 102, p. 438, s. 2.
N.J. Stat. § 26:4-70 — NJ Code / Title 26 / Chapter 4 / Section 4-70
Rules and regulations by state department; distribution of copies; enforcement
Status: in_force

The State department shall make rules and regulations for the care of persons suffering with tuberculosis, and for preventing the spread of the disease. The State department shall enforce the rules and regulations and see that they are enforced, for which purpose it may issue orders to local boards and practicing physicians. Every local board shall also enforce said rules and regulations. Amended by L.1977, c. 63, s. 8, eff. April 15, 1977.
N.J. Stat. § 26:2I-23 — NJ Code / Title 26 / Chapter 2I / Section 2I-23
Power of State departments, agencies.
Status: in_force

23. In order to provide new health care organizations and to enable the construction and financing thereof, to refinance indebtedness hereafter created by the authority for the purpose of providing one or more health care organizations or additions or improvements thereto or modernization thereof or for any one or more of said purposes but for no other purpose unless authorized by law, each of the following bodies shall have the powers hereafter enumerated to be exercised upon such terms and conditions, including the fixing of fair consideration or rental to be paid or received, as it shall determine by resolution as to such property and each shall be subject to the performance of the duties hereafter enumerated, that is to say, the Department of Health as to such as are located on land owned by, or owned by the State and held for, any State institution or on lands of the institutions under the jurisdiction of the Department of Health or of the Department of Human Services, or by the authority, the Commissioner of Human Services as to State institutions operated by that department, the board of trustees or governing body of any public health care organization, the board of governors of Rutgers, The State University, as to such as are located on land owned by the university, or by the State for the university, the State or by the particular public health care organization, respectively, namely: a. The power to sell and to convey to the authority title in fee simple in any such land and any existing health care facility thereon owned by the State and held for any department thereof or of any of the institutions under the jurisdiction of the Department of Health or the power to sell and to convey to the authority such title as the State or the public health care organization, respectively, may have in any such land and any existing health care facility thereon. b. The power to lease to the authority any land and any existing health care facility thereon so owned for a term or terms not exceeding 50 years each. c. The power to lease or sublease from the authority, and to make available, any such land and existing health care facility conveyed or leased to the authority under subsections a. and b. of this section, and any new health care facility erected upon such land or upon any other land owned by the authority. d. The power and duty, upon receipt of notice of any assignment by the authority of any lease or sublease made under subsection c. of this section, or of any of its rights under any such lease or sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals or other payments then due or which may become due under any such lease or sublease which has been so assigned by the authority. L.1972, c.29, s.23; amended 1997, c.435, s.9; 2012, c.17, s.262; 2012, c.45, s.110.
N.J. Stat. § 26:3-49 — NJ Code / Title 26 / Chapter 3 / Section 3-49
Nuisance on private property; notice
Status: in_force

Whenever any nuisance, noxious gases or vapors, water in which mosquito larvae breed, or cause of ill health or disease is found on private property, the local board shall notify the owner to remove and abate the same, at his own expense, within such time as the board may specify. A duplicate of the notice shall be left with one or more of the tenants or occupants. If the owner resides out of the state or cannot be so notified speedily, a notice left at the house or premises with the tenant or occupant, or posted on the premises, shall suffice.
N.J. Stat. § 26:2Q-11 — NJ Code / Title 26 / Chapter 2Q / Section 2Q-11
Enforcement by commissioner, representative
Status: in_force

11. Sections 1 through 12 of P.L.1993, c.288 (C.26:2Q-1 through C.26:2Q-12) shall be enforced by the commissioner or his representative, who shall have the right of entry to all premises at which the department has reason to believe that lead abatement or evaluation activities have taken place or are taking place, or to any premises occupied or used by a business firm subject to sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437); and the right to review any records for the purposes of inspection or investigation. L.1993,c.288,s.11.
N.J. Stat. § 26:5B-2 — NJ Code / Title 26 / Chapter 5B / Section 5B-2
Legislative findings and declarations
Status: in_force

The Legislature finds and declares: that hereditary disorders such as Cooley's anemia, cystic fibrosis, sickle cell anemia, hemophilia, Huntington's Disease, galactosemia and phenylketonuria often present a costly and tragic hardship for citizens of this State; that early detection of the disorders can alleviate some potentially harmful and disabling conditions; that hereditary disorders vary in their severity, with some having little effect and others having significant negative effect upon the normal functioning of individuals; that hereditary disorders also vary in their treatability, with some being subject to total or partial alleviation through medical intervention and treatment and others, currently, not being subject to any more than minimal alleviation; that medical knowledge concerning early identification and treatment of certain hereditary disorders is rapidly expanding; and that it is the policy of this State that in order to insure that standards for detection and treatment comply with the most recent medical knowledge and that the public is kept informed about these standards and the availability of treatment, it is necessary to establish an hereditary disorders program. L.1981, c. 502, s. 2.