N.J. Stat. § 26:2J-44 — NJ Code / Title 26 / Chapter 2J / Section 2J-44
Contract forms; certification memorandum
Status: in_force

26. a. Pursuant to the provisions of this section, a health maintenance organization authorized to do business in this State may file with the Commissioner of Insurance and use, in accordance with subsection d. of this section, any health maintenance organization contract, evidence of coverage or related form that is stipulated by the Commissioner of Insurance to be of a kind or type eligible for file and use pursuant to subsection b. of this section. The form shall be accompanied by a certification memorandum which includes a statement that it is filed in accordance with the provisions of this section, and which is executed by a responsible officer of the health maintenance organization who certifies that the form being filed is in conformance with the law and regulation applicable to that type or kind of form as specified in a certification form to be determined by the Commissioner of Insurance. If the Commissioner of Insurance determines that the form being filed does not conform with the law or regulation applicable to that type or kind of form, the Commissioner of Insurance shall notify the health maintenance organization of his objections in writing and may disapprove that form for further use in New Jersey. b. Contracts and evidence of coverage forms, including related endorsements, riders and application forms, eligible for certification pursuant to this section shall include, but not be limited to, certain categories of individual and group health maintenance organization contracts and evidences of coverage which the Commissioner of Insurance shall define by regulation. c. The certification memorandum shall be signed and acknowledged by a responsible officer of the health maintenance organization. The acknowledgment by that officer shall be done in the same manner in which documents for recording instruments conveying or affecting interests in real estate in this State must be acknowledged to be eligible for recording, or in such other manner as specified by the Commissioner of Insurance by regulation from time to time. d. Upon receipt of an acknowledgment from the Commissioner of Insurance that the form and a certification memorandum which conforms to the requirements of this section have been received, the form so submitted may be used by the health maintenance organization. e. (1) Improper certification shall subject a health maintenance corporation submitting such improper certification to a fine not to exceed $50,000 and, in addition, a maximum penalty of $1,000 per contract or evidence of coverage issued on a form determined to be improperly certified pursuant to the provisions of this section. The Commissioner of Insurance shall promulgate a schedule of penalties to be applied pursuant to this section. In determining the amount of any penalty to be imposed, the Commissioner of Insurance shall consider the severity of the violation based upon the potential adverse impact to the public and whether it is the filer's first violation of this section. (2) If, after notice and a hearing pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a health maintenance organization is found by the Commissioner of Insurance to be in violation of this section, the form may be disapproved, and in addition to any other penalties that may be imposed pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.), the Commissioner of Insurance may bar that health maintenance organization from participating in the certification process pursuant to this section for a period not to exceed one year. f. The Commissioner of Insurance shall hold a hearing annually, or more often, for the purpose of adopting regulations to define the specific forms eligible for certification pursuant to this section. Initial regulations shall be adopted pursuant to this section no later than 180 days after enactment of this act. g. For purposes of this section: (1) "a responsible officer of the health maintenance organization" means a corporate officer of the level of vice president or higher, or of equivalent title within the health maintenance organization's structure, who is either the actuary of the health maintenance organization with responsibility for the type of form filed, or the individual with responsibility for managing the form filing process for the health maintenance organization with regard to the type of form filed; and (2) "improper certification" means providing any misrepresentation or false statement material to a certification form required pursuant to subsection a. of this section. L.1995,c.73,s.26.
N.J. Stat. § 26:16-10 — NJ Code / Title 26 / Chapter 16 / Section 16-10
Oral, written request by patient, physician's actions.
Status: in_force

10. a. In order to receive a prescription for medication that a qualified terminally ill patient may choose to self-administer pursuant to P.L.2019, c.59 (C.26:16-1 et al.), the patient shall make two oral requests and one written request for the medication to the patient's attending physician, subject to the following requirements: (1) at least 15 days shall elapse between the initial oral request and the second oral request; (2) at the time the patient makes a second oral request, the attending physician shall offer the patient an opportunity to rescind the request; (3) the patient may submit the written request to the attending physician when the patient makes the initial oral request or at any time thereafter; (4) the written request shall meet the requirements of section 5 of P.L.2019, c.59 (C.26:16-5); (5) at least 15 days shall elapse between the patient's initial oral request and the writing of a prescription pursuant to P.L.2019, c.59 (C.26:16-1 et al.); and (6) at least 48 hours shall elapse between the attending physician's receipt of the patient's written request and the writing of a prescription pursuant to P.L.2019, c.59 (C.26:16-1 et al.). b. A qualified terminally ill patient may rescind the request at any time and in any manner without regard to the patient's mental state. c. At the time the patient makes an initial oral request for medication that the patient may choose to self-administer pursuant to P.L.2019, c.59 (C.26:16-1 et al.), the patient's attending physician shall recommend to the patient that the patient participate in a consultation concerning concurrent or additional treatment opportunities, palliative care, comfort care, hospice care, and pain control options, and provide the patient with a referral to a health care professional qualified to discuss these options with the patient. If the patient chooses to participate in such consultation, the consultation shall include, to the extent the patient consents to share such information, consideration of: the patient's terminal illness; the patient's prognosis; current and past courses of treatment prescribed for the patient in connection with the patient's terminal illness, including the results of any such treatment; and any palliative care, comfort care, hospice care, and pain control treatment the patient is currently receiving or has received in the past. d. The attending physician shall ensure that the following items are included in the patient's medical record: (1) the determination that the patient is a qualified terminally ill patient and the basis for that determination; (2) all oral and written requests by the patient to the attending physician for medication that the patient may choose to self-administer pursuant to P.L.2019, c.59 (C.26:16-1 et al.); (3) the attending physician's diagnosis and prognosis, and determination that the patient is capable, is acting voluntarily, and has made an informed decision; (4) the consulting physician's diagnosis and prognosis, and verification that the patient is capable, is acting voluntarily, and has made an informed decision; (5) if applicable, a report of the determination made by a mental health care professional as to whether the patient is capable pursuant to section 8 of P.L.2019, c.59 (C.26:16-8); (6) the attending physician's recommendation that the patient participate in a consultation concerning concurrent or additional treatment opportunities, palliative care, comfort care, hospice care, and pain control options; the referral provided to the patient with a referral to a health care professional qualified to discuss these options with the patient; an indication as to whether the patient participated in the consultation; and an indication as to whether the patient is currently receiving palliative care, comfort care, hospice care, or pain control treatments; (7) the attending physician's offer to the patient to rescind the patient's request at the time of the patient's second oral request; and (8) a note by the attending physician indicating that all requirements under P.L.2019, c.59 (C.26:16-1 et al.) have been met and indicating the steps taken to carry out the patient's request for medication, including a notation of the medication prescribed. L.2019, c.59, s.10.
N.J. Stat. § 26:2H-12.6 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.6
Care of newborn children.
Status: in_force

1. The governing body of a health care facility licensed in this State pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) which provides health care services to newborn children shall adopt policies and procedures which ensure that newborn children, including newborn children with disabilities, receive a level of nourishment and medical care consistent with accepted medical standards. If a federal statute or regulation requires that the State submit its regulations and policy to the federal government for approval in order to qualify for federal funding, then the Department of Health shall so comply. L.1987, c.49, s.1; amended 2017, c.131, s.96.
N.J. Stat. § 26:2S-17 — NJ Code / Title 26 / Chapter 2S / Section 2S-17
Recommendations for legislative action
Status: in_force

17. The commissioner and the Commissioner of Banking and Insurance shall develop recommendations for legislative action to address the issue of regulating health care or managed care entities that seek to contract directly with employers or other purchasers on a risk-assuming basis. The recommendations shall identify the type of health care or managed care entities and the scope of activities of these entities that should be subject to regulation by the State. In preparing the recommendations, the commissioners shall consider the current State statutory and regulatory requirements for health maintenance organizations and insurance companies issuing health benefits plans in the State, as well as federal legislation and laws and court rulings to determine how these health care and managed care entities that assume risk should be regulated. The commissioners shall report their recommendations to the Senate and General Assembly standing reference committees on health and insurance and to the Governor within one year of the effective date of this act. L.1997,c.192,s.17.
N.J. Stat. § 26:2H-41 — NJ Code / Title 26 / Chapter 2H / Section 2H-41
Nursing home violations
Status: in_force

The court shall proceed in a summary manner and shall render a judgment either: a. Dismissing the complaint for failure to affirmatively establish the allegations thereof or because of the affirmative establishment by the owner or licensee of a defense specified in this act; or b. Ordering the appointment of a receiver approved by the department in accordance with the provisions of this act; or c. Granting such other and further relief as the court deems just and proper. Upon the request of the department, if a receiver has been appointed the relief may include a requirement that the owner transfer his ownership interest to an entity approved by the department. L. 1977, c. 238, s. 6, eff. Sept. 29, 1977. Amended by L. 1986, c. 132, s. 1, eff. Oct. 20, 1986.
N.J. Stat. § 26:2J-4.26 — NJ Code / Title 26 / Chapter 2J / Section 2J-4.26
HMO required to cover certain out-of-network services.
Status: in_force

10. Notwithstanding the provisions of P.L.1973, c.337 (C.26:2J-1 et seq.) to the contrary, a certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued on or after the effective date of this act unless the health maintenance organization meets the requirements of P.L.2001, c.367 (C.26:2S-6.1 et al.). The provisions of this section shall apply to all enrollee agreements in which the health maintenance organization has reserved the right to change the schedule of charges. L.2001,c.367,s.10.
N.J. Stat. § 26:2S-8 — NJ Code / Title 26 / Chapter 2S / Section 2S-8
Establishment of policy governing removal of health care providers
Status: in_force

8. A carrier which offers a managed care plan shall establish a policy governing removal of health care providers from the provider network which includes the following: a. The carrier shall inform a participating health care provider of the carrier's removal policy at the time the carrier contracts with the health care provider to participate in the provider network, and at each renewal thereof. b. If a licensed health care professional's participation will be terminated prior to the date of the termination of the contract, the carrier shall provide the health care professional with 90 days' written notice of the termination and notice of a right to a hearing. If requested by the health care professional, the carrier shall provide the reasons for the termination in writing, and shall hold a hearing within 30 days of the date of the request. The hearing shall be conducted by a panel appointed by the carrier, which panel shall be comprised of a minimum of three persons, at least one of whom is a clinical peer in the same discipline and the same or similar specialty as the health care professional being reviewed. The panel shall make a decision that: (1) the health care professional shall be terminated, or (2) the health care professional shall be reinstated or provisionally reinstated, subject to conditions set forth by the panel. The panel's determination shall be in writing and shall be made in a timely manner. Participation in this process shall not be deemed to be an abrogation of the health care professional's legal rights. The notice required and opportunity for a hearing pursuant to this subsection shall not apply in those cases when the contract expires and is not renewed, the termination is for breach of contract, in the opinion of the medical director, the health care professional represents an imminent danger to an individual patient or the public health, safety or welfare, or there is a determination of fraud. c. If the carrier finds that a health care professional represents an imminent danger to an individual patient or to the public health, safety or welfare, the medical director shall promptly notify the appropriate professional State licensing board. Notification to the State Board of Medical Examiners shall be subject to the provisions of section 5 of P.L.1989, c.300 (C.45:9-19.5). L.1997,c.192,s.8.
N.J. Stat. § 26:2G-25.1 — NJ Code / Title 26 / Chapter 2G / Section 2G-25.1
Database relative to availability of beds in residential substance use disorders treatment facilities.
Status: in_force

1. a. The Division of Mental Health and Addiction Services in the Department of Human Services shall oversee the development and maintenance of a database, which shall collect and track the daily information received pursuant to section 2 of this act about the number of open beds that are available for treatment in each residential substance use disorders treatment facility in the State that receives State or county funding. b. The information maintained in the database shall include, by county: (1) the address and telephone number of the residential substance use disorders treatment facility; (2) the type of services provided by the facility; (3) the licensed bed capacity of the facility; and (4) the number of open beds that are available for treatment, based on the information received pursuant to section 2 of this act. c. The information described in subsection b. of this section shall be: (1) prominently displayed on the website of the department; (2) made available to the public, upon request, through the addictions telephone hotline and the Statewide 2-1-1 telephone system; and (3) made available using any other means that the Commissioner of Human Services deems appropriate. d. The commissioner is authorized to solicit, receive, and accept grants, funds, or anything of value from any public or private entity and receive and accept contributions of money, property, labor, or any other thing of value from any legitimate source for the purpose of the development and maintenance of a database pursuant to this act. L.2015, c.293, s.1.
N.J. Stat. § 26:6-16 — NJ Code / Title 26 / Chapter 6 / Section 6-16
Contents of burial, removal permit.
Status: in_force

26:6-16. The burial or removal permit shall be issued upon a form or through the NJ-EDRS as prescribed by the department, signed or authenticated through the NJ-EDRS by the local registrar, and shall state: a. The name, age, sex, cause of death, and other necessary details required by the department; b. That a satisfactory certificate of death has been filed as required by law; and c. That permission is granted to inter, remove, or otherwise dispose of the body. Amended 2003, c.221, s.10.
N.J. Stat. § 26:2K-27 — NJ Code / Title 26 / Chapter 2K / Section 2K-27
Authorization
Status: in_force

a. A hospital authorized by the commissioner pursuant to section 3 shall provide intermediate life support services on a seven-day-a-week basis. b. The commissioner shall establish, in writing, criteria which a hospital shall meet in order to qualify for the authorization. c. The commissioner may withdraw his authorization if the hospital or intermediate life support services violate any provision of this act or regulations promulgated pursuant thereto. L. 1985, c. 351, s. 8.
N.J. Stat. § 26:1A-27 — NJ Code / Title 26 / Chapter 1A / Section 1A-27
Action to enjoin nuisance
Status: in_force

If no action for abatement, as provided in section twenty-six of this act shall be taken by the local board within the time specified in the notice, or if in the opinion of the commissioner the action of the local board shall not be such as the necessities of the case seem to him to require, the commissioner may institute an action in the Superior Court in the name of the State on the relation of the commissioner to enjoin the continuance of the nuisance or source of foulness. L.1947, c. 177, p. 803, s. 27. Amended by L.1953, c. 26, p. 465, s. 2.
N.J. Stat. § 26:2G-7 — NJ Code / Title 26 / Chapter 2G / Section 2G-7
Federal grants
Status: in_force

The director may apply for and accept on behalf of the State any grants from the Federal Government or any agency thereof, or from any foundation, corporation, association or individual, and may comply with the terms, conditions and limitations thereof, for any of the purposes of the division. Any money so received may be expended by the division, subject to any limitations imposed in such grants to effect any of the purposes of the division, as the case may be, upon warrant of the Director of the Division of Budget and Accounting of the Department of the Treasury on vouchers certified and approved by the director. The power herein granted shall be in addition to and shall in no way limit the authority granted to the director by other existing law. L.1969, c. 152, s. 7.
N.J. Stat. § 26:3-64 — NJ Code / Title 26 / Chapter 3 / Section 3-64
Ordinance- and rule-making power
Status: in_force

The local board of health may enact and amend health ordinances, and make and alter necessary rules and regulations in the execution of any power delegated to it or in the performance of any duty imposed upon it by law, subject to the limitations specified in section 26:2-28 of this title. An ordinance or rule of the local board shall be in force only within the jurisdiction of the board which enacts it.
N.J. Stat. § 26:2K-24 — NJ Code / Title 26 / Chapter 2K / Section 2K-24
Conditions for performance of services
Status: in_force

a. EMT-intermediates may perform intermediate life support services; provided they maintain direct voice communications with, and are taking orders from, a licensed physician or physician-directed registered professional nurse, both of whom are affiliated with a hospital which is approved by the commissioner to operate an intermediate life support program. b. If the direct voice communications fail, an EMT-intermediate may perform any intermediate life support service for which he is certified that is included in written protocols established by the intermediate life support program hospital and approved by the commissioner, if, in the judgment of the EMT-intermediate, the life of the patient is in immediate danger and requires that care for his preservation. L. 1985, c. 351, s. 5.
N.J. Stat. § 26:2H-12.52 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.52
Limitation on charges for certain uninsured patients.
Status: in_force

1. A hospital licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall charge a patient who is an uninsured resident of this State, and whose family gross income is less than 500% of the federal poverty level, an amount no greater than 115% of the applicable payment rate under the federal Medicare program, established pursuant to Pub.L.89-97 (42 U.S.C.s.1395 et seq.), for the health care services rendered to the patient. The amount shall be in accordance with the sliding scale based on income developed by the department pursuant to this act. L.2008, c.60, s.1; amended 2012, c.17, s.206.
N.J. Stat. § 26:2C-8.55 — NJ Code / Title 26 / Chapter 2C / Section 2C-8.55
Rules, regulations relative to filing requirements for reimbursement.
Status: in_force

30. a. The State Treasurer shall adopt, in consultation with the Department of Environmental Protection, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations: (1) establishing the filing requirements for a complete application for reimbursement from the fund; and (2) to require an owner: (a) to submit documentation or other information demonstrating that the retrofit device has been purchased and installed on a regulated vehicle, which shall include the vehicle identification number of the vehicle, or on regulated equipment the serial number; (b) to submit documentation of the actual costs incurred for the purchase of the retrofit device required to be installed, the nature and scope of work performed to install the retrofit device, and the actual costs incurred to install the technology; (c) to submit a certification that the owner has not engaged in any of the conduct described in subsection a. of section 31 of P.L.2005, c.219 (C.26:2C-8.56); (d) to submit a certification that the retrofit device installed on a regulated vehicle or regulated equipment is in conformance with rules and regulations of the Department of Environmental Protection; and (e) to provide access at reasonable times to the regulated vehicles or regulated equipment to determine compliance with the terms and conditions of the reimbursement award. b. In establishing requirements for applications for reimbursement, the State Treasurer: (1) may not impose conditions that interfere with the everyday normal operations of an owner's business activities, except to the extent necessary to ensure the owner has complied with the provisions of P.L.2005, c.219 (C.26:2C-8.26 et al.); (2) shall strive to minimize the complexity and costs to owners of complying with such requirements; and (3) shall expeditiously process all applications in accordance with a schedule established, in consultation with the Department of Environmental Protection, for the review and the taking of final action within 30 days after the receipt of the completed application. L.2005,c.219,s.30.
N.J. Stat. § 26:2H-12.4 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.4
Application procedure for hospital respite care program.
Status: in_force

2. A hospital applying for permission to establish a hospital respite care program is not required to apply for a certificate of need pursuant to section 7 of P.L.1971, c.136 (C.26:2H-7) and is required to demonstrate only that it has the vacancy rate required by this act and adequate staff to serve the number of senior citizens it proposes to accept. L.1986,c.11,s.2; amended 1998, c.43, s.13.
N.J. Stat. § 26:8-67 — NJ Code / Title 26 / Chapter 8 / Section 8-67
Duty of county prosecutor.
Status: in_force

26:8-67. Duty of county prosecutor. When the State registrar shall deem it necessary, he shall report any violation of any provision of R.S.26:6-1 et seq., R.S.26:8-1 et seq., R.S.37:1-1 et seq. or P.L.2006, c.103 (C.37:1-28 et al.), to the county prosecutor, with a statement of the facts and circumstances. Upon such report, the county prosecutor shall forthwith institute and prosecute the necessary proceedings for such alleged violation. Amended 1965, c.78, s.76; 2006, c.103, s.61.
N.J. Stat. § 26:2H-140 — NJ Code / Title 26 / Chapter 2H / Section 2H-140
Ensurance of compliance.
Status: in_force

12. The commissioner may take such actions to ensure compliance with the provisions of sections 1 through 11 of this act by the patient safety organization designated pursuant to section 5 of this act, by any health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), and by any emergency care provider subject to regulation by the department, as the commissioner deems necessary and within his statutory authority to effectuate the purposes of this act. L.2011, c.145, s.12.
N.J. Stat. § 26:10-2 — NJ Code / Title 26 / Chapter 10 / Section 10-2
Labeling required
Status: in_force

No bed spring, cot, lounge, or sofa which is not labeled as provided in sections 26:10-3 and 26:10-4 of this title, or which is falsely labeled, shall be sold, or offered for sale, delivered, or held in possession with intent to sell or deliver.
N.J. Stat. § 26:2-111.2 — NJ Code / Title 26 / Chapter 2 / Section 2-111.2
HIV testing required for certain newborns.
Status: in_force

4. a. The Commissioner of Health shall require each birthing facility in the State to administer to a newborn in its care a test for human immunodeficiency virus (HIV) if the HIV status of the mother of the newborn is unknown. A newborn shall not be denied testing for HIV on the basis of the newborn's economic status. b. The commissioner shall establish a comprehensive program for the follow-up testing of newborns who test positive for HIV pursuant to subsection a. of this section or whose mother is HIV-positive, which shall include, but not be limited to, procedures for the administration of HIV testing, counseling of the newborn's mother, tracking the newborn, disclosure of HIV test results to the mother, facility compliance reviews, and educational activities related to the HIV testing. c. The provisions of this section shall not apply to a newborn whose parents object to the test as being in conflict with their religious tenets and practices. The parents shall provide the health care facility with a written statement of the objection, and the statement shall be included in the newborn's medical record. d. 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. e. The Commissioner of Health shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry out the purposes of this section. L.2007, c.218, s.4; amended 2012, c.17, s.118.
N.J. Stat. § 26:8-38 — NJ Code / Title 26 / Chapter 8 / Section 8-38
Recording unrecorded births; penalty for false certificate
Status: in_force

26:8-38. The birth of any child which has occurred or which may hereafter occur and which is not recorded with the State registrar as required by this chapter, may be recorded by filing a certificate with the State registrar. a. Over the signature of the physician or midwife who attended the birth or over the signature of the father or mother of the child, or b. When it is impossible to secure the signature of any of the persons named, the certificate may be signed by any person who has definite knowledge of the facts concerning the birth or by the person whose birth is being reported; provided, substantiating documentary proof is submitted and noted upon the certificate by the person before whom the affidavit is taken. In every case the certificate shall be accompanied by an affidavit attesting the correctness of the information given therein, which affidavit shall be a part of the record of the birth. A copy of the affidavit shall accompany each certified copy of any record of the birth issued by the State registrar. The affidavit (1) if taken in New Jersey, shall be taken before a Superior Court judge, the State registrar or assistant State registrar of vital statistics, an attorney at law, a county clerk or a deputy county clerk of the county where the birth occurred or where the person making the affidavit resides, or (2) if taken in some other state of the United States or territory thereof or in the District of Columbia shall be taken before a judge of any of the United States courts, a judge of any court of record having jurisdiction in the place where the affidavit is taken or any attorney at law of New Jersey, or (3) if taken in any foreign kingdom, state, nation or colony shall be taken before a public ambassador, minister, consul, vice-consul, consular agent, charge d'affaires or other representative of the United States for the time being, to or at any such foreign kingdom, state, nation or colony or any attorney at law of New Jersey; provided, however, that the affidavit may be taken in New Jersey by any employee of the Superior Court, if prior thereto, the Superior Court judge shall have filed with the State registrar of vital statistics a certificate setting forth that such employee has been designated by him to take such affidavits, and all oaths, affirmations and affidavits required to be made or taken by this section or necessary or proper to be made or taken by this section may be made and taken before any such employee when so designated. The State registrar or any local registrar may require proof of the correctness of the information in a certificate and may refuse to accept a certificate if said proof is not submitted. Any person knowingly submitting a certificate pursuant to this section containing incorrect particulars regarding a birth shall be subject to a penalty of not more than $500.00 to be recovered with costs in a summary proceeding in accordance with "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) in the name of the State department. Amended 1941, c.63; 1942, c.21; 1946, c.26; 1953, c.26, s.55; 1965,c.78,s.54; 1968,c.38; 1991,c.91,s.299.
N.J. Stat. § 26:1A-95 — NJ Code / Title 26 / Chapter 1A / Section 1A-95
Supervision; director
Status: in_force

The Division of Chronic Illness Control shall be under the immediate supervision of a director, who shall be a physician qualified in public health, and who shall be appointed by and serve at the pleasure of the State Commissioner of Health. L.1952, c. 102, p. 439, s. 4.
N.J. Stat. § 26:2H-18.58g — NJ Code / Title 26 / Chapter 2H / Section 2H-18.58g
Disposition of revenues collected from certain cigarette, other tobacco products tax revenues.
Status: in_force

4. Notwithstanding the provisions of any other law to the contrary, a. commencing July 1, 1998 and ending June 30, 2006: after the deposit required pursuant to section 5 of P.L.1982, c.40 (C.54:40A-37.1), the first $150,000,000 of revenue collected annually from the "Cigarette Tax Act," P.L.1948, c.65 (C.54:40A-1 et seq.) and the first $5,000,000 of revenue collected annually from the "Tobacco Products Wholesale Sales and Use Tax Act," P.L.1990, c.39 (C.54:40B-1 et seq.), shall be deposited into the Health Care Subsidy Fund established pursuant to section 8 of P.L.1992, c.160 (C.26:2H-18.58); and the next $390,000,000 of revenue collected annually from the "Cigarette Tax Act," P.L.1948, c.65 (C.54:40A-1 et seq.) shall be appropriated annually for health programs, and the next $50,000,000 of revenue collected annually from the "Cigarette Tax Act," P.L.1948, c.65 (C.54:40A-1 et seq.) shall be appropriated annually to the New Jersey Economic Development Authority for payment of debt service incurred by the authority for school facilities projects and in fiscal years commencing July 1, 2002 and July 1, 2003, the next $30,000,000 of revenue collected annually from the "Cigarette Tax Act," P.L.1948, c.65 (C.54:40A-1 et seq.) shall be directed to the Department of Health to fund anti-smoking initiatives, except that the amount shall be $40,000,000 in the fiscal year commencing July 1, 2004 and $45,000,000 in the fiscal year commencing July 1, 2005; b. commencing with fiscal years beginning on and after July 1, 2006, after the deposit required pursuant to section 5 of P.L.1982, c.40 (C.54:40A-37.1), the first $150,000,000 of revenue collected annually from the "Cigarette Tax Act," P.L.1948, c.65 (C.54:40A-1 et seq.) and the first $5,000,000 of revenue collected annually from the "Tobacco Products Wholesale Sales and Use Tax Act," P.L.1990, c.39 (C.54:40B-1 et seq.), shall be deposited into the Health Care Subsidy Fund established pursuant to section 8 of P.L.1992, c.160 (C.26:2H-18.58). In addition, commencing with fiscal years beginning on and after July 1, 2006 but before July 1, 2009, there shall be deposited $215,000,000 of revenue collected annually from the "Cigarette Tax Act," P.L.1948, c.65 (C.54:40A-1 et seq.) in accordance with the provisions of section 5 of P.L.2004, c.68 (C.34:1B-21.20), and, commencing with fiscal years beginning on and after July 1, 2009, there shall be deposited $241,500,000 of revenue collected annually from the "Cigarette Tax Act," P.L.1948, c.65 (C.54:40A-1 et seq.) in accordance with the provisions of section 5 of P.L.2004, c.68 (C.34:1B-21.20). In addition, commencing with fiscal years beginning on and after July 1, 2018, an amount equal to one percent of the total revenues collected annually from the "Cigarette Tax Act," P.L.1948, c.65 (C.54:40A-1 et seq.) and the "Tobacco Products Wholesale Sales and Use Tax Act," P.L.1990, c.39 (C.54:40B-1 et seq.) shall be directed to the Department of Health to fund and implement evidence-based tobacco control programs that align with the federal Centers for Disease Control and Prevention Best Practices for Comprehensive Tobacco Control Programs and that include the goals of preventing youth initiation of tobacco usage, reducing exposure to secondhand smoke, and promotion of cessation. Funding priority shall be given to programs that aim to reduce the incidence of smoking among the State's Medicaid population and youth; and c. commencing with fiscal years beginning on or after July 1, 2025, $2,000,000 of revenue collected annually from the tax on liquid nicotine pursuant to section 5 of P.L.2018, c.50 (C.54:40B-3.2) and the tax on container e-liquid pursuant to section 5 of P.L.2019, c.147 (C.54:40B-3.4) shall be deposited into the Health Care Subsidy Fund established pursuant to section 8 of P.L.1992, c.160 (C.26:2H-18.58). L.1997, c.264, s.4; amended 2000, c.72, s.56; 2002, c.33, s.3; 2003, c.115, s.3; 2004, c.68, s.8; 2006, c.37, s.7; 2006, c.98, s.1; 2009, c.70, s.3; 2012, c.17, s.226; 2017, c.242, s.1; 2025, c.68, s.7.
N.J. Stat. § 26:16-4 — NJ Code / Title 26 / Chapter 16 / Section 16-4
Conditions for request for medication.
Status: in_force

4. A terminally ill patient may make a written request for medication that the patient may choose to self-administer pursuant to P.L.2019, c.59 (C.26:16-1 et al.), if the patient: a. is an adult resident of New Jersey as demonstrated pursuant to section 11 of P.L.2019, c.59 (C.26:16-11); b. is capable and has been determined by the patient's attending physician and a consulting physician to be terminally ill; and c. has voluntarily expressed a wish to receive a prescription for medication pursuant to P.L.2019, c.59 (C.26:16-1 et al.). L.2019, c.59, s.4.
N.J. Stat. § 26:2I-27 — NJ Code / Title 26 / Chapter 2I / Section 2I-27
Powers exercised by resolution of governing body, trustees.
Status: in_force

27. To the extent not otherwise expressly provided under existing law, all powers and duties conferred upon any State institution or Rutgers, The State University or any county, city or municipal health care organization pursuant to this act shall be exercised and performed by resolution of its governing body and all powers and duties conferred upon any of these health care organizations pursuant to this act shall be exercised and performed by resolution of its board of trustees or governing body. L.1972, c.29, s.27; amended 1997, c.435, s.12; 2012, c.45, s.112.
N.J. Stat. § 26:1A-37.6 — NJ Code / Title 26 / Chapter 1A / Section 1A-37.6
New Jersey Council on Physical Fitness and Sports.
Status: in_force

2. There is established in the Department of Health a New Jersey Council on Physical Fitness and Sports which shall serve the citizens of the State by developing safe, healthful, and enjoyable physical fitness and sports programs. The council shall provide instruments of motivation and education, and shall promote public awareness to ensure that all citizens of the State have the opportunity to pursue a more healthful lifestyle. L.1999, c.265, s.2; amended 2012, c.17, s.98.
N.J. Stat. § 26:2C-45 — NJ Code / Title 26 / Chapter 2C / Section 2C-45
Findings, declarations relative to reduction of greenhouse gas emissions.
Status: in_force

1. The Legislature finds and declares that New Jersey should implement cost-effective measures to reduce emissions of greenhouse gases, and that emissions trading and the auction of allowances is an effective mechanism to accomplish that objective. The Legislature further finds and declares that entering into agreements or arrangements with appropriate representatives of other states furthers the purposes of P.L.2007, c.340 (C.26:2C-45 et al.) and the "Global Warming Response Act," P.L.2007, c.112 (C.26:2C-37 et al.). The Legislature further finds and declares that any carbon dioxide emissions allowance trading program established in the State to reduce emissions of greenhouse gases must provide both incentives to reduce emissions at their sources and funding or other consumer benefit incentives to reduce the demand for energy, which in turn would reduce the generation and emission of greenhouse gases. The Legislature further finds and declares that funding consumer benefit purposes will result in reduced costs to New Jersey consumers, decreased energy use, decreased greenhouse gas emissions, and substantial and tangible benefits to the energy-using business sector. The Legislature further finds and declares that efforts to reduce greenhouse gas emissions in New Jersey must include complementary programs to reduce greenhouse gas emissions from electricity generated outside of the State but consumed in New Jersey, and that one measure that may be most effective in doing so is the adoption of a greenhouse gas emissions portfolio standard as authorized pursuant to the "Global Warming Response Act," P.L.2007, c.112 (C.26:2C-37 et al.) and section 38 of P.L.1999, c.23 (C.48:3-87). The Legislature further finds and declares that energy efficiency and conservation measures and increased use of renewable energy resources must be essential elements of the State's energy future and that greater reliance on energy efficiency, conservation, and renewable energy resources will provide significant benefits to the citizens of this State. The Legislature further finds and declares that public utility involvement and competition in the renewable energy, conservation and energy efficiency industries are essential to maximize efficiencies and the use of renewable energy and that the provisions of P.L.2007, c.340 (C.26:2C-45 et al.) must be implemented to further competition. The Legislature further finds and declares that any emissions allowance trading program established in the State to reduce emissions of greenhouse gases should transition to any federal program enacted by the federal government that is comparable to the emissions allowance trading program established in New Jersey. The Legislature therefore determines that it is in the public interest to establish a program that requires the State to dedicate to consumer benefit purposes up to 100 percent of the revenues derived from the auction or other sale of allowances pursuant to an emissions allowance trading program and to require the Commissioner of Environmental Protection and the President of the Board of Public Utilities to further the purposes of P.L.2007, c.340 (C.26:2C-45 et al.) and the "Global Warming Response Act," P.L.2007, c.112 (C.26:2C-37 et al.), by participating with other states in the activity of a separate legal entity established for the purpose of administering the Regional Greenhouse Gas Initiative. L.2007, c.340, s.1; amended 2019, c.328, s.1.
N.J. Stat. § 26:2H-5.24 — NJ Code / Title 26 / Chapter 2H / Section 2H-5.24
Findings, declarations relative to designated caregivers.
Status: in_force

1. The Legislature finds and declares that: a. According to the American Association of Retired Professional's Public Policy Institute, at any given time, an estimated 1.75 million people in New Jersey provide varying degrees of unreimbursed care to adults with limitations in daily activities. The total value of the unpaid care to individuals in need of long-term services and supports amounts to an estimated $13 billion per year. b. Caregivers are often members of the individual's immediate family, but friends and other community members also serve as caregivers. Although most caregivers are asked to assist an individual with basic activities of daily living, such as mobility, eating, and dressing, many are expected to perform complex tasks on a daily basis, such as administering multiple medications, providing wound care, and operating medical equipment. c. Despite the vast importance of caregivers in the individual's day-to-day care, and despite the fact that 78 percent of caregivers report managing multiple medications, administering injections, and performing other health maintenance tasks, research has shown that many caregivers feel that they do not have the necessary skill set to perform the caregiving tasks they are asked to perform when a loved one is discharged from the hospital. d. The federal Centers for Medicare & Medicaid Services (CMS) estimates that $17 billion in Medicare funds is spent each year on unnecessary hospital readmissions. Additionally, hospitals desire to avoid the imposition of new readmission penalties under the federal "Patient Protection and Affordable Care Act," Pub.L.111-148, as amended by the "Health Care and Education Reconciliation Act of 2010," Pub.L.111-152 (ACA). e. In order to successfully address the challenges of a surging population of older adults and others who have significant needs for long-term services and supports, the State must develop methods to enable caregivers to continue to support their loved ones at home and in the community, and avoid costly hospital readmissions. f. The New Jersey Hospital Association and hospitals in its Hospital Engagement Network have utilized transitional caregiver models to reduce readmissions by over 13 percent from January 2012 to December 2013, leading to 5,492 fewer patients being readmitted during that time, at a cost savings of over $52 million. g. Therefore, it is the intent of the Legislature that this act enables caregivers to provide competent post-hospital care to their family and other loved ones, at minimal cost to the taxpayers of this State. L.2014, c.68, s.1.
N.J. Stat. § 26:2C-8.51 — NJ Code / Title 26 / Chapter 2C / Section 2C-8.51
Inapplicability relative to farm vehicles, equipment.
Status: in_force

26. No provision of P.L.2005, c.219 (C.26:2C-8.26 et al.) shall be construed to apply to any vehicle or equipment used on, or in the course of the operation of, a farm or to any vehicle or equipment used for any agricultural purposes. L.2005,c.219,s.26.
N.J. Stat. § 26:3A2-20.10 — NJ Code / Title 26 / Chapter 3A2 / Section 3A2-20.10
Compliance deadline.
Status: in_force

8. Any local overdose fatality review team in existence on the date of enactment of this act shall conform to the requirements of, and operate in accordance with, the provisions of this act no later than 90 days after the date of enactment of this act. L.2021, c.430, s.8.
N.J. Stat. § 26:2C-8.56 — NJ Code / Title 26 / Chapter 2C / Section 2C-8.56
Denial of application for reimbursement.
Status: in_force

31. a. The State Treasurer may deny an application for reimbursement from the fund, and any reimbursement from the fund may be recoverable by the State Treasurer, upon a finding that: (1) the owner of a regulated vehicle or regulated equipment failed to commence or complete the purchase or installation of best available retrofit technology on the vehicle or equipment for which an application for reimbursement was filed in accordance with the applicable rules and regulations; or (2) the owner of a regulated vehicle or regulated equipment provided false information or withheld information on an application that would render the owner ineligible for reimbursement from the fund, that resulted in the owner receiving a larger reimbursement than the owner would otherwise be eligible, or that resulted in payments from the fund in excess of the actual costs incurred by the owner or the amount to which the owner is legally eligible. b. Nothing in this section shall be construed to require the State Treasurer, the Department of Environmental Protection, or any other State agency or department, to undertake an investigation or make any findings concerning the conduct described in subsection a. of this section. L.2005,c.219,s.31.
N.J. Stat. § 26:5C-8 — NJ Code / Title 26 / Chapter 5C / Section 5C-8
Disclosure of AIDS, HIV records, information.
Status: in_force

4. a. The content of a record referred to in section 3 of P.L.1989, c.303 (C.26:5C-7) may be disclosed in accordance with the prior written informed consent of the person who is the subject of the record or if the person is adjudicated incapacitated or deceased, in accordance with section 8 of P.L.1989, c.303 (C.26:5C-12). b. If the prior written consent of the person who is the subject of the record is not obtained, the person's records shall be disclosed only under the following conditions: (1) To qualified personnel for the purpose of conducting scientific research, but a record shall be released for research only following review of the research protocol by an Institutional Review Board constituted pursuant to federal regulation 45 C.F.R. s. 46.101 et seq. The person who is the subject of the record shall not be identified, directly or indirectly, in any report of the research and research personnel shall not disclose the person's identity in any manner. (2) To qualified personnel for the purpose of conducting management audits, financial audits, or program evaluation, but the personnel shall not identify, directly or indirectly, the person who is the subject of the record in a report of an audit or evaluation, or otherwise disclose the person's identity in any manner. Identifying information shall not be released to the personnel unless it is vital to the audit or evaluation. (3) To qualified personnel involved in medical education or in the diagnosis and treatment of the person who is the subject of the record. Disclosure is limited to only personnel directly involved in medical education or in the diagnosis and treatment of the person. (4) To the department as required by State or federal law. (5) As permitted by rules and regulations adopted by the commissioner for the purposes of disease prevention and control. (6) In all other instances authorized by State or federal law. L.1989, c.303, s.4; amended 2013, c.103, s.73.
N.J. Stat. § 26:2A-29 — NJ Code / Title 26 / Chapter 2A / Section 2A-29
Denial, suspension, revocation, refusal to renew license.
Status: in_force

7. The department may deny, suspend, revoke, or refuse to renew a license for good cause, including, but not limited to: a. Failure of an embryo storage facility or its operator to comply with the provisions of this act; b. Violation of the terms and conditions of a license by an embryo storage facility or its operator; c. Use of fraud or misrepresentation by an embryo storage facility or its operator in obtaining a license or in the subsequent operation of the facility; d. Refusal by an embryo storage facility or its operator to furnish the department with required files, reports, or records; or e. Refusal by an embryo storage facility or its operator to permit an inspection by an authorized representative of the department during normal operating hours. L.2019, c.268, s.7.
N.J. Stat. § 26:2H-5.17 — NJ Code / Title 26 / Chapter 2H / Section 2H-5.17
Short title.
Status: in_force

1. This act shall be known and may be cited as the "Violence Prevention in Health Care Facilities Act." L.2007,c.236,s.1.
N.J. Stat. § 26:2C-9.6 — NJ Code / Title 26 / Chapter 2C / Section 2C-9.6
Dedication, appropriation of revenues
Status: in_force

6. Pursuant to the mandate of the federal Clean Air Act, all revenues collected pursuant to section 5 of P.L.1995, c.188 (C.26:2C-9.5) shall be dedicated and appropriated annually solely for use by the department in administering the provisions of P.L.1954, c.212 (C.26:2C-1 et seq.) with regard to major facilities. Except as provided otherwise for the supplemental surcharge assessed pursuant to section 5 of P.L.1995, c.188 (C.26:2C-9.5), those monies shall be used only to hire personnel and fund positions, procure necessary equipment, and fund the functions of the department prescribed pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.) with regard to major facilities and to fund implementation and operation of the small business stationary source technical and environmental compliance assistance program required pursuant to 42 U.S.C. 7661f of the federal Clean Air Act. Such program costs may also include, but need not be limited to, costs connected to or associated with: program planning; data collection; investigations; rule and regulation development; reviewing, issuing, and administering operating permits; monitoring and administratively enforcing compliance with laws, codes, rules, regulations, and permits; and any other activities with regard to major facilities required for State compliance with the federal Clean Air Act. L.1995,c.188,s.6.
N.J. Stat. § 26:2H-12.17 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.17
Waiver of utilization requirement.
Status: in_force

2. The Commissioner of Health may waive the 10% utilization requirement or reduce the required percentage by regulation for specific regions of the State or Statewide if the commissioner determines that sufficient numbers of assisted living beds are available in the State to meet the needs of Medicaid-eligible persons within the limits of the federal waiver to provide assisted living services through the Medicaid program. L.2001, c.234, s.2; amended 2012, c.17, s.188.
N.J. Stat. § 26:3-62 — NJ Code / Title 26 / Chapter 3 / Section 3-62
Return of warrant
Status: in_force

The officer to whom the search warrant shall be directed shall make return of his proceedings thereunder to the court issuing the warrant. Amended by L.1953, c. 26, p. 469, s. 19.
N.J. Stat. § 26:8-2 — NJ Code / Title 26 / Chapter 8 / Section 8-2
Registration district
Status: in_force

Every incorporated political subdivision, including a county, but not a school district, shall constitute a registration district.
N.J. Stat. § 26:10-19 — NJ Code / Title 26 / Chapter 10 / Section 10-19
Findings, declarations relative to used mattresses, box springs.
Status: in_force

1. The Legislature finds and declares that: a. Bedbugs are small insects with flat bodies, antennae and small eyes; adult bedbugs are oval, wingless and rusty-red in color and are visible to the naked eye, and often hide in cracks and crevices; in homes, bedbugs are commonly found in areas where people sleep, concentrating in mattresses, box springs, and bed frames; bedbugs feed primarily on the blood of humans, usually at night when people are sleeping; b. According to a joint statement issued by the United States Centers for Disease Control and Prevention and the United States Environmental Protection Agency, bedbugs have been common throughout United States history; although bedbug populations dropped dramatically during the mid-20th century, the United States is one of many countries now experiencing an alarming resurgence in the population of bedbugs, and public health agencies across the country have been overwhelmed by complaints about bedbugs; c. According to the New Jersey Department of Health, in most cases, bedbugs are transported from infested areas to non-infested areas when they cling onto a person's clothing, or crawl into luggage, furniture, or bedding that is then brought into the home; if a mattress is contaminated with bedbugs, it is easy for bedbugs to spread to non-contaminated items that are within close proximity; d. Although bedbugs are not known to transmit disease, they are considered to be an extreme nuisance to the general public and can cause a variety of negative physical and mental health concerns and economic consequences; and e. To help curtail widespread infestation of bedbugs, it is necessary to take measures to prevent cross-contamination of bedbugs from used mattresses and box springs to other furniture or bedding. L.2015, c.183, s.1.
N.J. Stat. § 26:8-20 — NJ Code / Title 26 / Chapter 8 / Section 8-20
Nonapplicability
Status: in_force

26:8-20. The provisions of this chapter fixing the terms of office and providing methods of appointment and removal shall not apply to the positions of local registrar, deputy registrar, alternate deputy registrar, or subregistrar in municipalities operating under the provisions of the "Civil Service Act," Title 11A of the New Jersey Statutes. Amended 1995,c.87,s.3.
N.J. Stat. § 26:2C-25.1 — NJ Code / Title 26 / Chapter 2C / Section 2C-25.1
Small Business Compliance Advisory Panel
Status: in_force

11. For the purposes of complying with the federal Clean Air Act, there is created in the Department of Environmental Protection a Small Business Compliance Advisory Panel. a. The Small Business Compliance Advisory Panel shall consist of seven members, as follows: (1) two members, appointed by the Governor, who shall represent the general public and shall not be owners, or representatives of owners, of small business stationary sources; (2) four members who shall own a small business stationary source or represent owners of small business stationary sources, of whom one each shall be appointed respectively by the President of the Senate, the Speaker of the General Assembly, the Senate Minority Leader, and the Assembly Minority Leader; and (3) one member who shall be appointed by the Commissioner of Environmental Protection as the commissioner's representative. b. (1) Members of the panel shall: (a) serve for two-year terms; (b) annually elect, by majority vote of the full membership of the panel, a chairperson and a vice-chairperson; and (c) serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. (2) The panel shall meet at least four times per year. c. It shall be the responsibility of the panel to: (1) render advisory opinions to the Commissioner of Environmental Protection concerning the effectiveness of the department's program for assisting small business stationary sources with technical and environmental compliance issues with respect to air pollution control, as required pursuant to 42 U.S.C. 7661f of the federal Clean Air Act, and concerning air pollution control requirements, permitting, and enforcement pertaining to small business; (2) make periodic reports to the Commissioner of Environmental Protection and the Administrator of the United States Environmental Protection Agency concerning compliance of the State's air pollution control program with the requirements of the federal "Paperwork Reduction Act" (44 U.S.C. 3501 et seq.), the federal "Regulatory Flexibility Act" (5 U.S.C. 601 et seq.), and the federal "Equal Access to Justice Act" (5 U.S.C. 504 et seq. and 28 U.S.C. 2412 et seq.) as they relate to small business; (3) review information and air pollution control permit applications provided to small business stationary sources to assure that the information and applications are understandable to the layperson; and (4) determine if the department provides for the development and dissemination of those advisory opinions and reports issued in accordance with the provisions of this section. L.1995,c.188,s.11.
N.J. Stat. § 26:1A-97 — NJ Code / Title 26 / Chapter 1A / Section 1A-97
State Department of Health; duties
Status: in_force

The State Department of Health shall within funds appropriated and available therefor be charged with the responsibility of carrying out the obligations herein assumed by the State as its share of the task of providing for prevention, early detection and control of chronic illness and rehabilitation of the chronic sick and it shall also: (a) Arrange for joint discussion of the general problem of the chronic sick with representatives of all State agencies and departments engaged in health, welfare and education and with representatives of the several counties, municipalities and health districts, general and special hospitals, voluntary agencies and institutions, and the medical, dental, nursing and allied professions, for the purpose of formulating an adequate program for dealing with the problem of the chronic sick and to determine a formula for the ultimate division of the governmental share of the cost thereof between municipalities, counties and the State; (b) Plan for the provision of adequate visiting nurse and housekeeping aid services by appropriate public or private agencies throughout the State, to the end that the nursing and medical care being furnished the chronic sick in their own homes shall be improved in every manner possible; (c) Collect and prepare all available information designed to acquaint the professions and the public with the best and most modern methods of preventing chronic sickness and its early detection and control, and caring for and rehabilitating the chronic sick, and arranging for the distribution thereof through all possible media so that the greatest number of persons may benefit therefrom; (d) Collect, prepare and distribute information including statistics which will afford the general public greater insight into the significance, character and magnitude of the problem of prevention of chronic sickness as well as insight into the problem of the care and rehabilitation of the chronic sick in order to secure a more active interest of the general public in such problems; (e) Perform and encourage research activities as to the best and most modern methods of prevention, discovery, treatment and cure of chronic diseases and the care and rehabilitation of persons affected and for the analysis of such data and for the dissemination of such information to the professions and agencies engaged in providing for the chronic sick, as well as to the general public; (f) In effectuation of (e) study the problem of prevention and detection of all types of chronic disease by laboratory, statistical and community co-operative methods and by such other methods as may be deemed advisable; (g) Assist in promoting and strengthening of child and adult health programs for the purpose of preventing or retarding the development of chronic illnesses; (h) Maintain and expand co-operative relationships with all professional and public and private agencies responsible for and interested in, the prevention and detection of chronic illness and in the care and rehabilitation of the chronic sick. L.1952, c. 102, p. 439, s. 6.
N.J. Stat. § 26:9-10 — NJ Code / Title 26 / Chapter 9 / Section 9-10
Powers of commission
Status: in_force

The commission shall have all the powers of a local board in so far as the same pertain to a mosquito breeding nuisance artificially created and water in which mosquito larvae breed, but such power shall not extend over any lands owned by a municipality, county, or the state. The powers granted by this article shall not be construed as to limit the powers conferred on county mosquito extermination commissions by sections 26:9-13 to 26:9-26 of this title.
N.J. Stat. § 26:3A2-14 — NJ Code / Title 26 / Chapter 3A2 / Section 3A2-14
Appointment of health officer, other personnel
Status: in_force

14. Every local health agency shall be administered by a full-time health officer. The health officer and other personnel employed by a municipality, groups of municipalities or county which shall have adopted, or which shall hereafter adopt, the provisions of the "Civil Service Act," P.L.1986, c.112 (N.J.S.11A:1-1 et seq.), shall be appointed in accordance with the provisions of that act. The health officer shall not be prohibited from simultaneously performing other functions or holding other titles within that governmental unit. L.1975,c.329,s.14; amended 1993,c.64,s.2.
N.J. Stat. § 26:2C-8.46 — NJ Code / Title 26 / Chapter 2C / Section 2C-8.46
Joint rules, regulations relative to training.
Status: in_force

21. The Department of Environmental Protection and the New Jersey Motor Vehicle Commission shall adopt jointly, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), rules and regulations providing for the training with respect to emissions testing and inspection required for persons who inspect or reinspect a vehicle pursuant to the periodic inspection program or the roadside inspection program established pursuant to P.L.1995, c.157 (C.39:8-59 et al.), or who repair any vehicle because of its failure of emissions testing under the periodic inspection program or roadside inspection program, including, but not limited to, the extent of the training, standards with respect to emissions testing and inspection for the training and certification of mechanics employed for the purposes of inspecting vehicles under the periodic inspection program or the roadside inspection program, or for the repair of vehicles that fail inspections under the periodic inspection program and the roadside enforcement program, and the training to meet these standards, including but not limited to, the length, convenience and affordability to the trainee, and the cost, if any of that training. L.2005,c.219,s.21.
N.J. Stat. § 26:1A-7 — NJ Code / Title 26 / Chapter 1A / Section 1A-7
State Sanitary Code
Status: in_force

7. The Public Health Council shall have power, by the affirmative vote of a majority of all its members, to establish, and from time to time amend and repeal, such reasonable sanitary regulations not inconsistent with the provisions of this act or the provisions of any other law of this State as may be necessary properly to preserve and improve the public health in this State. The regulations so established shall be called the State Sanitary Code. The State Sanitary Code may cover any subject affecting public health, or the preservation and improvement of public health and the prevention of disease in the State of New Jersey, including the immunization against disease of all school children in the State of New Jersey. In addition thereto, and not in limitation thereof, said State Sanitary Code may contain sanitary regulations: (a) prohibiting nuisances hazardous to human health; (b) (deleted by amendment) (c) regulating the use of privies and cesspools; (d) regulating the disposition of excremental matter; (e) regulating the control of fly and mosquito breeding places; (f) regulating the detection, reporting, prevention and control of communicable and preventable diseases; (g) regulating the conduct of public funerals; (h) regulating the conduct of boarding homes for children; (i) regulating the conduct of maternity homes and the care of maternity and infant patients therein; (j) regulating the conduct of camps; (k) (Deleted by amendment, P.L.1987, c.302) (l) regulating the preparation, handling, transportation, burial or other disposal, disinterment and reburial of dead human bodies; (m) prescribing standards of cleanliness for public eating rooms and restaurants; (n) regulating the conduct of tattoo parlors; (o) regulating the conduct of body piercing; and (p) regulating the conduct of cosmetic tattooing. Prior to the final adoption by the council of any sanitary regulation or amendment thereto or repealer thereof the council shall hold a public hearing thereon. The council shall cause to be published, at least once, not less than 15 days prior to such hearing, in each of the counties of the State in a newspaper published in each of said counties, or if no newspaper be published in any such county, then in a newspaper circulated in such county, a notice of such hearing, specifying the time when and the place where such hearing will be held, together with a brief summary of the proposed regulation, amendment or repealer and a statement that copies of the text thereof may be obtained from the State Commissioner of Health and Senior Services or from the board of health of any municipality in the State. The State Department of Health and Senior Services shall prepare and make available on request therefor, copies of the text of such proposed regulations and changes therein in the manner described in such public notice. L.1947,c.177,s.7; amended 1953, c.165, s.1; 1974, c.150, s.1; 1977, c.224, s.12; 1987, c.302, s.1; 1997, c.326.
N.J. Stat. § 26:2BB-3 — NJ Code / Title 26 / Chapter 2BB / Section 2BB-3
Appointment of executive director, staff
Status: in_force

3. a. The Governor's Council on Substance Use Disorder shall be administered by an executive director who shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the executive director's successor. b. The executive director shall be a person qualified by training and experience to perform the duties of the council. c. The executive director shall have the authority to employ a deputy executive director, who shall be in the unclassified service of the Civil Service, and such staff as are necessary to accomplish the work of the council within the limits of available appropriations. The executive director may delegate to subordinate officers or employees of the council any of his powers which the executive director deems desirable to be exercised under the executive director's supervision and control. All employees of the council except the executive director and the deputy executive director shall be in the career service of the Civil Service. d. The executive director shall attend all meetings of the Governor's Council on Substance Use Disorder. L. 1989, c. 51, s. 3; amended 2023, c.177, s.72.
N.J. Stat. § 26:2H-115 — NJ Code / Title 26 / Chapter 2H / Section 2H-115
Procedures, practices for resolving disagreements.
Status: in_force

14. a. In the event of disagreement among the patient, mental health care representative and responsible mental health care professional concerning the patient's decision-making capacity or the appropriate interpretation and application of the provisions of an advance directive for mental health care to the patient's course of treatment, the parties may seek to resolve the disagreement by means of procedures and practices established by the psychiatric facility, including but not limited to, consultation with an institutional ethics committee, or with a person designated by the psychiatric facility for this purpose, or may seek resolution by a court of competent jurisdiction. b. A mental health care professional involved in the patient's care, other than the responsible mental health care professional, or an administrator of a psychiatric facility may also invoke the dispute resolution process established by the psychiatric facility to seek to resolve a disagreement concerning the patient's decision-making capacity or the appropriate interpretation and application of the provisions of an advance directive for mental health care. L.2005,c.233,s.14.
N.J. Stat. § 26:2H-66 — NJ Code / Title 26 / Chapter 2H / Section 2H-66
Resolution of disagreements
Status: in_force

14. a. In the event of disagreement among the patient, health care representative and attending physician concerning the patient's decision making capacity or the appropriate interpretation and application of the terms of an advance directive to the patient's course of treatment, the parties 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 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, or an administrator of a health care institution may also invoke the dispute resolution process established by the health care institution to seek to resolve a disagreement concerning the patient's decision making capacity or the appropriate interpretation and application of the terms of an advance directive. L.1991,c.201,s.14.
N.J. Stat. § 26:2H-18.59d — NJ Code / Title 26 / Chapter 2H / Section 2H-18.59d
Continuation of provided services
Status: in_force

15. Unless the commissioner has granted written approval to do otherwise, an acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall continue to provide, at an annual service level at least equal to that provided as of January 1, 1993, any public health services which were, prior to that date, supported by grant funds. A hospital shall also provide sufficient funds for the operation of its regional hemophilia centers, maternal and child health consortia and other regional health services, as applicable. L.1995,c.133,s.15.
N.J. Stat. § 26:2S-24 — NJ Code / Title 26 / Chapter 2S / Section 2S-24
Appropriations; fees, use
Status: in_force

6. a. There is appropriated $500,000 to the department from the General Fund to provide funding for the program, except that funds may be appropriated, in lieu of part or all of the amount appropriated from the General Fund, from the monies made available to the State from tobacco companies under the nationwide settlement of the respective actions by state governments against those companies. b. (1) The program may charge fees for the provision of materials to the public consistent with P.L.1963, c.73 (C.47:1A-1 et seq.). The commissioner may establish a separate fee schedule for training and education services that may be provided by the program to for-profit organizations, and for the distribution to nongovernmental entities of statistical information that may be developed by the program. (2) Revenues received by the department pursuant to paragraph (1) of this subsection shall be deposited into a special nonlapsing fund which the commissioner shall create in the department for the purpose of providing funding for the program, and these revenues and the interest earned therefrom shall be utilized to fund the program in addition to the amount appropriated pursuant to subsection b. of this section. L.2001,c.14,s.6.
N.J. Stat. § 26:2N-10 — NJ Code / Title 26 / Chapter 2N / Section 2N-10
Pamphlet explaining nature, purpose of MMR vaccine and anti-body titer.
Status: in_force

3. The Commissioner of Health shall prepare and make available to all health care providers in the State a pamphlet that explains the nature and purpose of the MMR vaccine and the antibody titer used to determine immunity pursuant to section 2 of this act. The commissioner shall send a copy of the pamphlet to every licensed health care provider in the State who administers the MMR vaccine, with a cover letter advising the health care provider that the pamphlet was prepared in accordance with the requirements of P.L.2003, c. 257 (C.26:2N-8 et seq.), known as "Holly's Law," and how the health care provider can obtain additional copies of the pamphlet from the Department of Health. L.2003, c.257, s.3; amended 2012, c.17, s.288.
N.J. Stat. § 26:8A-2 — NJ Code / Title 26 / Chapter 8A / Section 8A-2
Findings, declarations relative to domestic partners.
Status: in_force

2. The Legislature finds and declares that: a. There are a significant number of individuals in this State who choose to live together in important personal, emotional and economic committed relationships with another individual; b. These familial relationships, which are known as domestic partnerships, assist the State by their establishment of a private network of support for the financial, physical and emotional health of their participants; c. Because of the material and other support that these familial relationships provide to their participants, the Legislature believes that these mutually supportive relationships should be formally recognized by statute, and that certain rights and benefits should be made available to individuals participating in them, including: statutory protection against various forms of discrimination against domestic partners; certain visitation and decision-making rights in a health care setting; and certain tax-related benefits; and, in some cases, health and pension benefits that are provided in the same manner as for spouses; d All persons in domestic partnerships should be entitled to certain rights and benefits that are accorded to married couples under the laws of New Jersey, including: statutory protection through the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.) against various forms of discrimination based on domestic partnership status, such as employment, housing and credit discrimination; visitation rights for a hospitalized domestic partner and the right to make medical or legal decisions for an incapacitated partner; and an additional exemption from the personal income tax and the transfer inheritance tax on the same basis as a spouse. The need for all persons who are in domestic partnerships, regardless of their sex, to have access to these rights and benefits is paramount in view of their essential relationship to any reasonable conception of basic human dignity and autonomy, and the extent to which they will play an integral role in enabling these persons to enjoy their familial relationships as domestic partners and to cope with adversity when a medical emergency arises that affects a domestic partnership, as was painfully but graphically illustrated on a large scale in the aftermath of the tragic events that befell the people of our State and region on September 11, 2001; e. The Legislature, however, discerns a clear and rational basis for making certain health and pension benefits available to dependent domestic partners only in the case of domestic partnerships in which both persons are of the same sex and are therefore unable to enter into a marriage with each other that is recognized by New Jersey law, unlike persons of the opposite sex who are in a domestic partnership but have the right to enter into a marriage that is recognized by State law and thereby have access to these health and pension benefits; and f. Therefore, it is the public policy of this State to hereby establish and define the rights and responsibilities of domestic partners. L.2003,c.246,s.2.
N.J. Stat. § 26:2H-14.3 — NJ Code / Title 26 / Chapter 2H / Section 2H-14.3
Rules, regulations relative to air conditioning, adequate ventilation.
Status: in_force

3. The Commissioner of Health shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the purposes of this act. The regulations shall require that: a. Each health care facility included within the provisions of this act and which is not equipped with air conditioning on the effective date of P.L.1989, c.173 (C.26:2H-14.4 et al.), shall provide for and operate adequate ventilation in all areas used by patients or residents, including, but not limited to, the use of ceiling fans, wall fans or portable fans, where appropriate, so that the temperature in these areas does not exceed 81 degrees Fahrenheit, but the health care facility shall not directly assess patients or residents for the purchase or installation of the fans or other ventilating equipment. (1) The regulations shall also provide that within two years after the effective date of P.L.1989, c.173 (C.26:2H-14.4 et al.), every nursing home included within the provisions of this act, and every residential health care facility as specified in this paragraph, shall be equipped with air conditioning, except that the commissioner may grant a nursing home or residential health care facility a waiver from the air conditioning requirement to give the nursing home or residential health care facility one additional year to comply with the air conditioning requirement, for which waiver the nursing home or residential health care facility shall apply on a form and in a manner prescribed by the commissioner, if the nursing home or residential health care facility can demonstrate to the satisfaction of the commissioner that the failure to grant such a waiver would pose a serious financial hardship to the nursing home or residential health care facility. The air conditioning shall be operated so that the temperature in all areas used by patients or residents does not exceed 81 degrees Fahrenheit. The air conditioning requirement established in this subsection shall apply to a residential health care facility only: (1) upon enactment into law of legislation that increases the rate of reimbursement provided by the State under the Supplemental Security Income program, P.L.1973, c.256 (C.44:7-85 et seq.), which rate is certified by the Commissioner of Health to be sufficient to enable the facility to meet the costs of complying with the requirement; and (2) if the facility qualifies for funds for energy efficiency rehabilitation through the "Petroleum Overcharge Reimbursement Fund," established pursuant to P.L.1987, c.231 (C.52:18A-209 et seq.), which funds can be applied towards equipping the facility with air conditioning. A nursing home or residential health care facility shall not directly assess patients or residents for the purchase or installation of the air conditioning equipment. (2) The regulations shall also provide that within two years after the effective date of P.L.2015, c.125 (C.55:13B-5.1 et al.), every dementia care home shall be equipped with air conditioning, except that the commissioner may grant a dementia care home a waiver from the air conditioning requirement to give the dementia care home one additional year to comply with the air conditioning requirement, for which waiver the dementia care home shall apply on a form and in a manner prescribed by the commissioner, if the dementia care home can demonstrate to the satisfaction of the commissioner that the failure to grant such a waiver would pose a serious financial hardship to that facility. The air conditioning shall be operated so that the temperature in all areas used by residents does not exceed 81 degrees Fahrenheit. A dementia care home shall not directly assess residents for the purchase or installation of the air conditioning equipment; and b. Patients or residents are identified by predisposition, due to illness, medication or otherwise, to heat-related illness and that during a heat emergency, their body temperature, dehydration status and other symptoms of heat-related illness are monitored frequently and regularly, any anomalies are promptly reported to the attending physician, and any necessary therapeutic or palliative measures are instituted, including the provision of liquids, where required. c. A nursing home, or a residential health care facility owned by a licensed health care facility and licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), shall not exceed the temperature limit established pursuant to this section, unless permitted by applicable regulation of the Centers for Medicare and Medicaid Services. L.1984, c.114, s.3; amended 1989, c.173, s.1; 2015, c.125, s.5; 2021, 260, s.1.
N.J. Stat. § 26:2H-5n — NJ Code / Title 26 / Chapter 2H / Section 2H-5n
Hospital to provide medical, billing records; fees; price limits.
Status: in_force

1. a. Except as provided in subsection d. of this section, if a patient of a general, special, or psychiatric hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), the patient's legally authorized representative, or an authorized third party requests, in writing, a copy of individual admission records, the hospital shall provide a legible paper or electronic reproduction of the requested records within the dates requested to the patient, the patient's legally authorized representative, or the authorized third party within 30 days of the request, in accordance with the following: (1) (a) For a request by a patient or the patient's legally authorized representative for a medical record, whether such record is stored electronically, on microfilm or microfiche, or on paper, the fee for reproducing the record shall not exceed $1 per page or $50 per individual admission record, whichever is less. The fee for reproducing a medical record shall not exceed $50 per individual admission or patient record, exclusive of any additional fees specified in paragraph (3) of this subsection; (b) If a patient requests a copy of the patient's own medical records in accordance with the federal "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191, the requirements provided under 45 C.F.R. 164.524(b) with respect to the time required to respond to such requests and the applicable fees shall apply; (c) A hospital shall not charge any fee to provide an electronic or paper reproduction of a billing record requested by a patient, or a patient's legally authorized representative; (d) For a request by an authorized third party, the fee for reproducing medical and billing records that are not stored on microfilm or microfiche shall be no more than $1 per page, and the fee for reproducing records stored on microfilm or microfiche shall be $1.50 per image; and (e) A fee for the reproduction of x-rays or any other material that cannot be routinely copied or duplicated on a commercial photocopy machine, which shall be no more than $15 per printed image or $30 per compact disc (CD) or digital video disc (DVD), plus an administrative fee of $10. (2) Delivery of an electronic reproduction of a patient's medical or billing record shall be required only if: (a) the entire request can be reproduced from an electronic health record system; (b) the record is specifically requested to be delivered in electronic format; and (c) the record can be delivered electronically. (3) In addition to per-page fees, a hospital shall apply the following charges for patients, patients' legally authorized representatives, and authorized third parties: (a) a search fee of no more than $20 per request; provided that no search fee shall be charged to a patient who is requesting the patient's own record. If a search fee may be charged under this subparagraph, the fee shall apply even if no medical records are found as a result of the search; (b) (Deleted by amendment, P.L.2022, c.114) (c) a fee for certification of a copy of a medical record of no more than $10 per certification; and (d) costs for delivering records in any medium, plus sales tax, if applicable. (4) The fees established in this subsection shall be charged for electronic reproductions as well as paper copies of medical records. (5) The hospital shall establish a policy assuring access to copies of medical records for patients who do not have the ability to pay for the copies. (6) The hospital shall establish a fee policy providing an incentive for the use of abstracts or summaries of medical records; however, a patient and a patient's legally authorized representative shall have the right to receive a full or certified copy of the medical record. (7) Subject to the requirements of paragraph (2) of this subsection, medical and billing records shall be delivered in the manner specified by the requestor, which may include, but shall not be limited to, mailing the record to any address or faxing the record to any number specified by the requestor, including the requestor's attorney. Subject to the requirements of federal law, the method of delivery specified by a requestor shall not affect the fees that would ordinarily apply to the request under paragraphs (1) and (3) of this subsection, subject to any policies established pursuant to paragraphs (5) and (6) of this subsection and subject to the provisions of subsections c. and d. of this section. b. Access to a copy of a patient's medical record shall be limited only to the extent necessary to protect the patient. The patient's attending physician shall provide a verbal explanation for any denial of access to the patient, legally authorized representative, or authorized third party, and shall document the denial and explanation in the medical record. In the event that direct access to a copy by the patient is medically contraindicated, as documented by a physician in the patient's medical record, the hospital shall not limit access to the record to a legally authorized representative of the patient, an authorized third party, or the patient's attending physician. c. A hospital shall not assess any fees or charges for a copy of individual admission records as provided herein other than those provided for in this section. d. The fees authorized by this section shall not be imposed on: (1) A patient who does not have the ability to pay and who presents either: (a) a statement certifying to annual income at or below 250 percent of the federal poverty level; or (b) proof of eligibility for, or enrollment in, a State or federal assistance program including, but not limited to: the federal Supplemental Nutrition Assistance Program established pursuant to the "Food and Nutrition Act of 2008," Pub.L.110-246 (7 U.S.C. s.2011 et seq.); the federal Supplemental Security Income program established pursuant to Title XVI of the federal Social Security Act, Pub.L.92-603 (42 U.S.C. s.1381 et seq.); the National School Lunch Program established pursuant to the "Richard B. Russell National School Lunch Act," Pub.L.79-396 (42 U.S.C. s.1751 et seq.); the federal special supplemental food program for women, infants, and children established pursuant to Pub.L.95-627 (42 U.S.C. s.1786); the State Medicaid program established pursuant to the "New Jersey Medical Assistance and Health Services Act," P.L.1968, c.413 (C.30:4D-1 et seq.); the NJ FamilyCare Program established pursuant to the "Family Health Care Coverage Act," P.L.2005, c.156 (C.30:4J-8 et al.); the Work First New Jersey program established pursuant to the "Work First New Jersey Act," P.L.1997, c.38 (C.44:10-55 et seq.); the New Jersey Supplementary Food Stamp Program established pursuant to the "New Jersey Supplementary Food Stamp Program Act," P.L.1998, c.32 (C.44:10-79 et seq.); any successor program; or any other State or federal assistance program now or hereafter established by law; (2) A not-for-profit corporation indicating in writing that it is representing a patient; (3) A health care practitioner; (4) An attorney representing a patient on a pro bono basis, provided that the attorney submits with the request a certification that the attorney is representing the patient on a pro bono basis. An attorney representing a patient on a contingency fee basis shall be assessed the ordinary fees to obtain a copy of individual admission records; or (5) A patient or an attorney representing a patient who has a pending application for, or is currently receiving, federal Social Security disability benefits provided under Title II or Title XVI of the federal Social Security Act, Pub.L.92-603 (42 U.S.C. s.1351 et al.). e. As used in this section: "Authorized third party" means a third party, who is not a legally authorized representative of the patient, with a valid authorization, subpoena, legal process, or court order granting access to a patient's medical or billing records. "Legally authorized representative" means: the patient's spouse, domestic partner, or civil union partner; the patient's immediate next of kin; the patient's legal guardian; the patient's attorney; the patient's automobile insurer; or the patient's worker's compensation carrier, if the carrier is authorized to access to the patient's treatment or billing records by contract or law, provided that access by a worker's compensation carrier shall be limited only to that portion of the treatment or billing record that is relevant to the specific work-related incident at issue in the worker's compensation claim. L.2019, c.217, s.1; amended 2021, c.359, s.1; 2021, c.427; 2022, c.114, s.1.
N.J. Stat. § 26:2H-12.73 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.73
Protocols established by general hospitals relative to SCTUs.
Status: in_force

1. a. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall establish protocols to request immediate dispatch, timely patient pick-up from the sending hospital, and transport to the receiving hospital by a specialty care transportation unit, or SCTU, used for patient inter-facility transfers. b. A general hospital shall establish contingency SCTU transport protocols in the event that the hospital's designated SCTU is not immediately available for dispatch. c. The Department of Health shall ensure, by means of its periodic inspection of a hospital and such other measures as it deems appropriate, that the hospital has established and implemented the protocols required pursuant to subsections a. and b. of this section. d. A hospital that fails to comply with the provisions of this act shall be liable to a penalty in accordance with the provisions of sections 13 and 14 of P.L.1971, c.136 (C.26:2H-13 and C.26:2H-14). L.2013, c.67, s.1.
N.J. Stat. § 26:9-15 — NJ Code / Title 26 / Chapter 9 / Section 9-15
Term of office
Status: in_force

The commissioners first appointed in any county shall hold office respectively for a term of one, two, and three years, as fixed in the order of appointment; thereafter, each commissioner who succeeds an original appointee shall be appointed for a term of three years.
N.J. Stat. § 26:5B-1 — NJ Code / Title 26 / Chapter 5B / Section 5B-1
Short title
Status: in_force

This act shall be known and may be cited as the "Hereditary Disorders Act." L.1981, c. 502, s. 1.
N.J. Stat. § 26:1A-72 — NJ Code / Title 26 / Chapter 1A / Section 1A-72
Boards transferred to continue as provided by existing law
Status: in_force

This act shall not affect the terms of office of the present members of the respective boards enumerated in section four hereof. Such boards shall continue to be constituted as provided by existing law. L.1948, c. 444, p. 1750, s. 6.
N.J. Stat. § 26:2H-7.5 — NJ Code / Title 26 / Chapter 2H / Section 2H-7.5
Definitions regarding subacute care units
Status: in_force

2. As used in this act: "Commissioner" means the Commissioner of Health. "Hospital" means an acute care general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). "Subacute care" means a comprehensive in-patient program for patients who have had an acute illness, injury or exacerbation of a disease process, have a determined course of treatment prescribed, and do not require intensive diagnostic or intensive invasive procedures, but the patient's condition requires physician direction, intensive nursing care, frequent recurrent patient assessment and review of the clinical course and treatment plan for a period of time, significant use of ancillary medical services and an interdisciplinary approach using professional teams of physicians, nurses and other relevant professional disciplines to deliver complex clinical interventions. "Subacute care unit" means a unit located within a hospital which utilizes licensed long-term care beds to provide subacute care for patients. L.1996,c.102,s.2.
N.J. Stat. § 26:2H-18.55a — NJ Code / Title 26 / Chapter 2H / Section 2H-18.55a
Compilation of information relative to employed recipients of charity care.
Status: in_force

2. a. The Commissioner of Health shall compile, to the extent data are available, the following information about recipients of charity care who are employed: (1) the employer's name and address; (2) the number of recipients of charity care who are employed by the employer; and (3) the cost to the State of providing charity care for the employer's employees and their dependents. b. In order to compile the information required pursuant to this section, the commissioner may require hospitals and other health care facilities to submit such information as may be necessary for this purpose. c. The commissioner may include comparable information about recipients of other public health care coverage programs, and other information as the commissioner deems appropriate regarding employer-based coverage for persons covered under public insurance programs. d. The information compiled by the commissioner shall not include the name of any charity care recipient or any family member of a recipient. e. The commissioner shall provide the information required pursuant to this section to the Commissioner of Human Services for inclusion in the annual report on Access to Employer-Based Health Insurance, as provided in section 1 of P.L.2006, c.87 (C.30:4J-17). L.2006, c.87, s.2; amended 2012, c.17, s.221.
N.J. Stat. § 26:6-74 — NJ Code / Title 26 / Chapter 6 / Section 6-74
Powers of commissioner relative to violations.
Status: in_force

7. If the commissioner has reason to believe that a condition exists or has occurred at an anatomical research recovery organization in violation of the provisions of this act, which is dangerous to the public health, he may order the organization to correct the violation and may immediately suspend the registration of the organization until the correction is completed. If a registrant denies that a violation exists or has occurred, the registrant shall have the right to apply to the commissioner for a hearing. The hearing shall be held and a decision rendered within 48 hours of the receipt of the request. If the commissioner rules against the registrant, the registrant may apply to a court of competent jurisdiction for injunctive relief against the commissioner's order. L.2008, c.49, s.7.
N.J. Stat. § 26:18-2 — NJ Code / Title 26 / Chapter 18 / Section 18-2
Definitions relative to maternal mortality and morbidity.
Status: in_force

2. As used in P.L.2019, c.75 (C.26:18-1 et al.): "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). "Committee" means the Maternal Mortality Review Committee, established pursuant to section 4 of P.L.2019, c.75 (C.26:18-4), which is responsible for annually reviewing and reporting on maternal death rates and the causes of maternal death in the State, and which is further responsible for providing recommendations to improve maternal care and reduce adverse maternal outcomes. "Department" means the Department of Health. "Maternal death" means a pregnancy-associated death. "Maternal Mortality Case Review Team" means the interdisciplinary team of experts that is operating in the Department of Health as of the effective date of this act, and which is being replaced by the committee established pursuant to this act. "NJMCQC" means the New Jersey Maternal Care Quality Collaborative, established pursuant to section 3 of P.L.2019, c.75 (C.26:18-3). "Pregnancy-associated death" means the death of a woman, which occurs while the woman is pregnant, or during the one-year period following the date of the end of the pregnancy, irrespective of the cause of death. "Pregnancy-related death" means the death of a woman, which occurs while the woman is pregnant, or during the one-year period following the date of the end of the pregnancy, regardless of the duration of the pregnancy, and which results from any cause related to, or aggravated by, the pregnancy or its management, but excluding any accidental or incidental cause. "Regional Health Hub" means an entity designated as a Regional Health Hub as provided in P.L.2019, c.517 (C.30:4D-8.16 et seq.). "Report of maternal death" means a report of a suspected maternal death, which is filed with the department, pursuant to the processes established under subsection a. of section 7 of P.L.2019, c.75 (C.26:18-7), and which is to be forwarded to the committee for the purposes of investigation, as provided by subsection b. of that section. "Severe maternal morbidity" means the physical and psychological conditions that result from, or are aggravated by, pregnancy, and which have an adverse effect on the health of a woman. "State registrar" means the State registrar of vital statistics, who is responsible for supervising the registration of, and maintaining, death records in the State, in accordance with the provisions of R.S.26:8-1 et seq. L.2019, c.75, s.2; amended 2023, c.109, s.12.
N.J. Stat. § 26:2H-5.23a — NJ Code / Title 26 / Chapter 2H / Section 2H-5.23a
Health care facility, written notice, display, assault, health care professional, health care facility volunteer, employee.
Status: in_force

6. a. As used in this section, "health care facility" means the same as defined in subsection b. of section 3 of P.L.2023, c.48 (C.2C:12-3.1). b. A health care facility shall prominently display a written notice in a conspicuous public location that contains the following or substantially similar statement: "It is a crime to assault a health care professional, any volunteer working for a health care professional or working at a health care facility, any supportive services staff member working for a health care professional or working at a health care facility, or any employee of a health care professional or a health care facility while the health care professional, volunteer, supportive services staff member, or employee is performing official duties. Any person who assaults a health care professional, volunteer, supportive services staff member, or employee in violation of this prohibition shall be subject to a fine, imprisonment, or both under the New Jersey Code of Criminal Justice, N.J.S.2C:1-1 et seq." c. The Commissioner of Health may adopt rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this section. L.2023, c.48, s.6.
N.J. Stat. § 26:2H-18.64 — NJ Code / Title 26 / Chapter 2H / Section 2H-18.64
Denial of admission on ability to pay; penalty
Status: in_force

14. No hospital shall deny any admission or appropriate service to a patient on the basis of that patient's ability to pay or source of payment. A hospital which violates this section shall be liable to a civil penalty of $10,000 for each violation. The penalty shall be sued for and recovered pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq. and shall be deposited in the fund. L.1992,c.160,s.14.
N.J. Stat. § 26:2H-128 — NJ Code / Title 26 / Chapter 2H / Section 2H-128
Rights of residents of assisted living facilities, comprehensive personal care homes.
Status: in_force

1. a. Each assisted living facility and comprehensive personal care home provider licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall distribute to each resident and post in a conspicuous, public place in the facility or home, as applicable, a statement of resident rights. The statement of rights shall include, at a minimum, the rights set forth in subsection b. of this section. Each resident, resident family member, and legally appointed guardian, as applicable, shall be informed of the resident rights, and provided with explanations if needed. The provider shall ensure that each resident, or the resident's legally appointed guardian, as applicable, signs a copy of the statement of rights. b. Every resident of an assisted living facility or comprehensive personal care home that is licensed in the State shall have the right to: (1) receive personalized services and care in accordance with the resident's individualized general service or health service plan; (2) receive a level of care and services that address the resident's changing physical and psychosocial status; (3) have the resident's independence and individuality; (4) be treated with respect, courtesy, consideration, and dignity; (5) make choices with respect to services and lifestyle; (6) privacy; (7) have or not to have families' and friends' participation in resident service planning and implementation; (8) receive pain management as needed, in accordance with Department of Health regulations; (9) choose a physician, advanced practice nurse, or physician assistant; (10) appeal an involuntary discharge as specified in department regulations; (11) receive written documentation that fee increases based on a higher level of care are based on reassessment of the resident and in accordance with department regulations; (12) receive a written explanation of fee increases that are not related to increased services, upon request by the resident; (13) participate, to the fullest extent that the resident is able, in planning the resident's own medical treatment and care; (14) refuse medication and treatment after the resident has been informed, in language that the resident understands, of the possible consequences of this decision; (15) refuse to participate in experimental research, including the investigations of new drugs and medical devices, and to be included in experimental research only when the resident gives informed, written consent to such participation; (16) be free from physical and mental abuse and neglect; (17) be free from chemical and physical restraints, unless a physician, advanced practice nurse, or physician assistant authorizes the use for a limited period of time to protect the resident or others from injury. Under no circumstances shall a resident be confined in a locked room, or restrained, including with the use of excessive drugs, for punishment or for the convenience of staff; (18) manage the resident's own finances, and to delegate that responsibility to a family member, assigned guardian, facility administrator, or some other individual with power of attorney. The resident's authorization delegating such authority shall be witnessed and in writing; (19) receive prior to or at the time of admission, and afterwards through addenda, an admission agreement that complies with all applicable State and federal laws, describes the services provided and the related charges, and includes the policies for payment of fees, deposits, and refunds; (20) receive a quarterly written account of the resident's funds, the itemized property deposited with the facility for the resident's use and safekeeping, and all financial transactions with the resident, next-of-kin, or guardian, which account shall show the amount of property in the account at the beginning and end of the accounting period, as well as a list of all deposits and withdrawals, substantiated by receipts given to the resident or the resident's guardian; (21) have daily access during specified hours to the money and property that the resident has deposited with the facility, and to delegate, in writing, this right of access to a representative; (22) live in safe and clean conditions that do not admit more residents than can safely be accommodated; (23) not be arbitrarily and capriciously moved to a different bed or room; (24) wear the resident's own clothes; (25) keep and use the resident's personal property, unless doing so would be unsafe, impractical, or an infringement on the rights of other residents; (26) reasonable opportunities for private and intimate physical and social interaction with other people, including the opportunity to share a room with another individual unless it is medically inadvisable; (27) confidential treatment with regard to information about the resident, subject to the requirements of law; (28) receive and send mail in unopened envelopes, unless the resident requests otherwise, and the right to request and receive assistance in reading and writing correspondence unless medically contraindicated; (29) have a private telephone in the resident's living quarters at the resident's own expense; (30) meet with any visitors of the resident's choice, at any time, in accordance with facility policies and procedures; (31) take part in activities, and to meet with and participate in the activities of any social, religious, and community groups, as long as these activities do not disrupt the lives of other residents; (32) refuse to perform services for the facility; (33) request visits at any time by representatives of the religion of the resident's choice and, upon the resident's request, to attend outside religious services at the resident's own expense; (34) participate in meals, recreation, and social activities without being subjected to discrimination based on age, race, religion, sex, marital status, nationality, or disability; (35) organize and participate in a resident council that presents residents' concerns to the administrator of the facility; (36) be transferred or discharged only in accordance with the terms of the admission agreement and with N.J.A.C. 8:36-5.1(d); (37) receive written notice at least 30 days in advance when the facility requests the resident's transfer or discharge, except in an emergency, which notice shall include the name and contact information for the New Jersey Office of the Ombudsman for the Institutionalized Elderly; (38) receive a written statement of resident rights and any regulations established by the facility involving resident rights and responsibilities; (39) retain and exercise all constitutional, civil, and legal rights to which the resident is entitled by law; (40) voice complaints without fear of interference, discharge, reprisal, and obtain contact information respecting government agencies to which residents can complain and ask questions, which information also shall be posted in a conspicuous place in the facility; (41) hire a private caregiver or companion at the resident's expense and responsibility, as long as the caregiver or companion complies with the facility's policies and procedures; and (42) obtain medications from a pharmacy of the resident's choosing, as long as the pharmacy complies with the facility's medication administration system, if applicable. L.2011, c.58, s.1; amended 2012, c.17, s.254.
N.J. Stat. § 26:2C-19.3 — NJ Code / Title 26 / Chapter 2C / Section 2C-19.3
No entitlement to affirmative defense
Status: in_force

3. A person shall not be entitled to an affirmative defense to liability pursuant to section 2 of P.L.1993, c.89 (C.26:2C-19.2) for any violation that causes the presence in the outdoor atmosphere of one or more air contaminants in a quantity or concentration which poses a potential threat to public health, welfare or the environment. L.1993,c.89,s.3.
N.J. Stat. § 26:2J-22 — NJ Code / Title 26 / Chapter 2J / Section 2J-22
Administrative procedures
Status: in_force

a. When the commissioner has cause to believe that grounds for the denial of an application for a certificate of authority exist, or that grounds for the suspension or revocation of a certificate of authority exist, he shall notify the health maintenance organization and the Commissioner of Insurance in writing specifically stating the grounds for denial, suspension, or revocation and fixing a time of at least 20 days thereafter for a hearing on the matter. b. The Commissioner of Insurance, or his designated representative, shall be in attendance at the hearing and shall participate in the proceedings. The recommendation and findings of the Commissioner of Insurance with respect to matters relating to the doing of an insurance business or contract with an insurer or hospital or medical services corporation, provided in connection with any decision regarding denial, suspension, or revocation of a certificate of authority, shall be conclusive and binding upon the commissioner. After such hearing, or upon the failure of the health maintenance organization to appear at such hearing, the commissioner shall take action as is deemed advisable on written findings which shall be mailed to the health maintenance organization with a copy thereof to the Commissioner of Insurance. The action of the commissioner and the recommendation and findings of the Commissioner of Insurance and the levy of any administrative penalty shall be subject to judicial review in accordance with chapter 34 of Title 17B of the New Jersey Statutes. c. The provisions of the Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.) of this State shall apply to proceedings under this section to the extent they are not in conflict with subsections a. and b. of this section. L.1973, c. 337, s. 22, eff. Dec. 27, 1973.
N.J. Stat. § 26:2B-9.3 — NJ Code / Title 26 / Chapter 2B / Section 2B-9.3
Regulations.
Status: in_force

3. The Director of the Division of Addiction Services in the Department of Health and Senior Services shall promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the provisions of this act. The regulations shall include, but not be limited to, the following: a. Criteria for grantee eligibility; b. The form and manner in which application for grants from the fund shall be made; and c. The treatment services and treatment recipients for which grant funds may be expended. L.2001,c.48,s.3.
N.J. Stat. § 26:2B-32 — NJ Code / Title 26 / Chapter 2B / Section 2B-32
Fund established.
Status: in_force

3. An Alcohol Education, Rehabilitation and Enforcement Fund is established as a nonlapsing, revolving fund in a separate account in the Department of Health. The fund shall be credited from July 1, 1990 through June 30, 1991, with 27.6 percent of the tax revenues, and from July 1, 1991 through June 30, 1992, with 53.3 percent of the tax revenues, collected pursuant to section 3 of P.L.1980, c.62 (C.54:32C-3), the amount thereof to be dedicated 75 percent to rehabilitation, 15 percent to enforcement and 10 percent to education, and the fund thereafter shall be annually credited with the amount of tax revenues collected from the alcoholic beverage tax as is provided in section 2 of P.L.1990, c.41 (C.54:43-1.1), which amount shall be dedicated 75 percent to rehabilitation, 15 percent to enforcement and 10 percent to education. Interest received on moneys in the fund shall be credited to the fund. Pursuant to the formula set forth in section 5 of this act, moneys appropriated pursuant to law shall only be distributed to the counties by the Department of Health, without the assessment of administrative costs, to develop and implement an annual comprehensive plan for the treatment of persons with substance use disorder and for expenditures according to the dedications provided herein. L.1983, c.531, s.3; amended 1989, c.51, s.13; 1990, c.41, s.4; 2023, c.177, s.65.
N.J. Stat. § 26:2B-6 — NJ Code / Title 26 / Chapter 2B / Section 2B-6
Commission on Alcoholism and Promotion of Temperance abolished
Status: in_force

The Commission on Alcoholism and Promotion of Temperance established by "An act concerning the preparation and administration of a program for the rehabilitation of alcoholics and the promotion of temperance education by the Commissioner of Alcoholic Beverage Control, the Commissioner of Institutions and Agencies, the Commissioner of Education and the Director of Health constituted the Commission on Alcoholism and Promotion of Temperance," approved April fourth, one thousand nine hundred and forty-five (P.L.1945, c. 94), is abolished. L.1948, c. 453, p. 1856, s. 6.
N.J. Stat. § 26:2G-23 — NJ Code / Title 26 / Chapter 2G / Section 2G-23
Certificate of approval; application.
Status: in_force

3. No narcotic and substance use disorder treatment center shall operate within this State except pursuant to a certificate of approval obtained from the commissioner, upon application made therefor. Such application shall be made upon forms furnished by the commissioner, shall set forth the location of the narcotic and substance use disorder treatment center, the person in charge thereof, and the facilities for caring for patients who may seek treatment therein. The applicant shall be required to furnish evidence of its ability to comply with minimum standards established hereunder and of the good moral character of the applicant and the person in charge of the narcotic and substance use disorder treatment center. Any change in the facts set forth in the application shall be reported to the commissioner within 10 days after the occurrence thereof. L.1970, c.334, s.3; amended 2017, c.131, s.89.
N.J. Stat. § 26:12-20 — NJ Code / Title 26 / Chapter 12 / Section 12-20
Development of policy.
Status: in_force

4. a. A youth camp operator, as part of a youth camp medical program, and in accordance with the provisions of the "New Jersey Youth Camp Safety Act," P.L.1973, c.375 (C.26:12-1 et seq.) and rules and regulations adopted by the Department of Health pursuant thereto, may develop a policy for the emergency administration of epinephrine via a pre-filled auto-injector mechanism to a member of the youth camp community for anaphylaxis when a professionally qualified health care provider is not immediately available. The policy shall: (1) permit the youth camp health director and trained designees to administer epinephrine via a pre-filled auto-injector mechanism to a member of the youth camp community for whom the youth camp health director or trained designee is responsible, when the youth camp health director or trained designee believes, in good faith, that the member of the youth camp community is having an anaphylactic reaction; and (2) permit the youth camp health director and trained designees, when responsible for the safety of one or more members of the youth camp community, to carry, in a secure but easily accessible location, a supply of pre-filled epinephrine auto-injectors that is prescribed under a standing protocol from a licensed physician or other authorized prescriber. b. If a youth camp develops a policy for the emergency administration of epinephrine via a pre-filled auto-injector mechanism, the youth camp operator, in cooperation with the youth camp health director, shall: (1) maintain and adhere to a standardized training protocol for the emergency administration of epinephrine by trained designees under the youth camp medical program, which training protocol shall be established and administered by a professionally qualified health care provider; (2) ensure that trained designees have satisfactorily completed the training protocol; (3) obtain and maintain a supply of pre-filled epinephrine auto-injectors, pursuant to a standing protocol from a licensed physician or other authorized prescriber, for use by the youth camp health director and trained designees in emergency anaphylaxis situations; and (4) establish protocols and one or more secure locations for the safe and accessible storage of the youth camp's supply of pre-filled epinephrine auto-injectors. L.2015, c.231, s.4.
N.J. Stat. § 26:2H-12.38 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.38
Report to the Governor, Legislature.
Status: in_force

4. To the extent that funds permit, the commissioner shall report within 18 months after the effective date of this act and annually thereafter to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Senate and General Assembly standing reference committees on health, on the effect of this act in reducing MRSA infections in hospitals. L.2007,c.120,s.4.
N.J. Stat. § 26:3A2-10 — NJ Code / Title 26 / Chapter 3A2 / Section 3A2-10
Standards of performance; compliance by municipality; evaluation; certification; review by commissioner
Status: in_force

a. Within 3 months after the Public Health Council has completed its first revision of the "Standards of Performance" pursuant to section 13 of this act, the commissioner shall provide an evaluation form to every municipal board of health for the purpose of measuring said municipal boards' compliance with said "Standards of Performance." Said evaluation form shall be completed; signed and certified as being correctly completed by the municipal health officer or by the officer designated to act in behalf of the municipal board of health and by the presiding officer of said board; and returned to the commissioner by every municipality within 60 days after issuance. b. Within 18 months after the effective date of this act, the commissioner shall advise every municipal board of health as to whether said board meets the "Standards of Performance." c. In every municipality not presently providing a program of public health services meeting the "Standards of Performance," as determined herein by the commissioner, the elected governing body shall, within 24 months after the effective date of this act, provide a program of public health services meeting "Standards of Performance." A municipality shall meet this requirement by use of the services of one or more of the following agencies: (1) Individual municipal local health agency. (2) Contracting health agency. (3) Regional health commission. (4) County health department. d. The commissioner shall periodically review every municipal or county health department to determine whether said municipal or county department is meeting the "Standards of Performance." e. This section shall not apply to services provided by volunteer first aid, rescue and ambulance squads as defined in the "New Jersey Highway Safety Act of 1971," P.L.1971, c. 351 (C. 26:5F-1 et seq.). L.1975, c. 329, s. 10, eff. April 1, 1976. Amended by L.1979, c. 73, s. 1, eff. April 10, 1979.
N.J. Stat. § 26:2H-18.53 — NJ Code / Title 26 / Chapter 2H / Section 2H-18.53
Revenue cap
Status: in_force

3. a. For the period January 1, 1993 to December 31, 1993, hereinafter referred to as the "transition year," the Hospital Rate Setting Commission shall establish a revenue cap for each hospital whose rates had been established prior to this period by the Hospital Rate Setting Commission under the diagnosis related group methodology pursuant to P.L.1978, c.83. The Hospital Rate Setting Commission shall establish the revenue cap effective January 1, 1993. The revenue cap shall establish the maximum amount a hospital may collect in revenues in 1993 from all payers, but shall not include payments from the fund. The revenue cap shall be based upon the same financial elements used to prepare the preliminary cost base for 1992, but shall not include any amounts provided in 1992 for a subsidy to Blue Cross and Blue Shield of New Jersey, Inc. and for patient appeals. The revenue cap shall include: (1) a component for a hospital's bad debt as determined by the hospital's payment for bad debt from the New Jersey Health Care Trust Fund in 1992 pursuant to P.L.1991, c.187 (C.26:2H-18.24 et al.), but the total amount allowed for bad debt plus the amount a hospital is eligible to receive from the fund for its charity care subsidy shall not exceed the total amount of uncompensated care payments the hospital received in 1992 from the New Jersey Health Care Trust Fund; (2) the hospital specific amount agreed to by a hospital and the Hospital Rate Setting Commission pursuant to the 1990 voluntary settlement program (N.J.A.C.8:31B-3.65); and (3) an amount to be determined by the Hospital Rate Setting Commission which represents a hospital's share of the total outstanding reconciliation amounts as of December 31, 1992, including any reasonably projected reconciliation amounts for calendar year 1992, which total amount shall be adjusted so that a hospital's revenue cap does not exceed the hospital's preliminary cost base for 1992. b. In addition to the categories of revenues described in paragraphs (1), (2) and (3) of subsection a. of this section, which together shall constitute the hospital revenue cap for 1993, each hospital subject to this section may also retain any revenues collected in 1993 that represent an amount to provide for the financial impact of a certificate of need approved service or project that was not included in the hospital's preliminary cost base for 1992. This addition will be calculated by the department as follows: (1) For new inpatient services, the addition to the preliminary cost base is determined by multiplying the appropriate DRG rate by the 1993 admissions resulting from that new or expanded service. (2) For any new outpatient services, the addition to the preliminary cost base is calculated by multiplying the appropriate charge by the number of admissions related to the new or expanded service. (3) Increased debt service costs allocated to new patient services above that debt service included in the 1992 preliminary cost base will be additions to the 1992 preliminary cost base. This addition to the cap for any hospital which implements a new certificate of need approved service in 1992 or 1993 shall be verified by the hospital's auditor through an agreed-upon procedures report. The report shall be submitted in accordance with the procedures outlined by the department pursuant to subsection c. of this section. The department shall review and approve any addition to a hospital revenue cap due to new certificate of need projects prior to such additions being implemented. The additional revenues that provide for the financial impact of a certificate of need approved service or project shall not be considered in the calculations of a hospital's revenue cap or in the assessment of any revenue cap penalties levied pursuant to subsection d. of this section. A hospital shall continue to provide any public health services which were formerly supported by grant funds but whose costs were included in that hospital's preliminary cost base for 1992 and shall provide for its regional hemophilia center and regional maternal and child health consortia, as applicable. c. The department shall provide for an audit of a hospital's revenues for 1993 in a time frame established by the department. d. A hospital whose revenues exceeded its revenue cap during 1993 shall be liable to a civil penalty of payment of an amount not to exceed 1.5 times the amount of revenue in excess of the revenue cap. The civil penalty provided for in this section shall be recovered in an administrative proceeding held pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). Any monies recovered pursuant to this penalty shall be deposited in the fund. e. In order to minimize the disruption in the transition year, any discounts negotiated between hospitals and non-governmental third party payers shall reflect cost savings resulting from the efficient use of resources and not merely cost shifts from one payer to another. The final rate shall be mutually agreeable to both parties. f. In the event that the revenues collected by a hospital during the transition year are insufficient, the State shall not be liable for any deficiency. L1992,c.160,s.3; amended 1994,c.120.
N.J. Stat. § 26:13-33 — NJ Code / Title 26 / Chapter 13 / Section 13-33
Civil, criminal liability; expiration.
Status: in_force

2. Notwithstanding the provisions of section 1 of this act, P.L.2021, c.103 (C.26:13-32), allowing Executive Order No. 112 of 2020 to remain in place until January 1, 2022, any civil or criminal immunity related to the COVID-19 response bestowed by either Executive Order No. 112 of 2020, P.L.2020, c.18, or Department of Health Executive Directive No. 20-006 (Revised) as issued December 16, 2020 upon health care professionals, health care facilities, health care systems, modular field treatment facilities, and any other sites designated by the Commissioner of the Department of Health for temporary use in connection with the State's COVID-19 response, including hotels and student dormitories, shall last until September 1, 2021, and then expire on that date. Conduct occurring prior to September 1, 2021 by health care professionals, health care facilities, or health care systems shall retain the civil or criminal immunity provided by Executive Order No. 112 of 2020, P.L.2020, c.18, or Department of Health Executive Directive No. 20-006 (Revised) as issued December 16, 2020. The civil immunity bestowed upon health care professionals in connection with the State's COVID-19 response by P.L.2020, c.18 shall continue beyond September 1, 2021 only for individuals specifically engaged in vaccinations or testing related to COVID-19. L.2021, c.103, s.2.
N.J. Stat. § 26:2M-20 — NJ Code / Title 26 / Chapter 2M / Section 2M-20
"Alzheimer's and Dementia Care Long-Term Advisory Commission" established.
Status: in_force

1. a. The Alzheimer's and Dementia Care Long-Term Advisory Commission is established in the Department of Human Services. The purpose of the commission shall be to provide for the ongoing evaluation of the State's system of care for Alzheimer's disease and related disorders and other forms of dementia and identify various innovative means and methods that can be used to address the shortcomings in that care system and otherwise expand and prepare the system to meet the increasing and evolving needs of a rapidly aging population. b. The commission shall consist of 12 members, including: (1) the Commissioner of Health, the Commissioner of Human Services, and the New Jersey Long-Term Care Ombudsman, or their designees, who shall serve as ex officio, non-voting members; (2) two public members to be appointed by the Governor based upon the recommendation of the President of the Senate, including one member who represents an organization that advocates for members of the Alzheimer's disease and related disorders or other forms of dementia community and one member who represents a for-profit healthcare facility that offers memory care services; (3) two public members to be appointed by the Governor based upon the recommendation of the Speaker of the General Assembly, including one member who represents an organization that advocates for members of the Alzheimer's disease and related disorders or other forms of dementia community and one member who represents a non-profit healthcare facility that offers memory care services; and (4) five public members to be appointed by the Governor, including: one geriatrician who is currently involved in the provision of direct services to patients with Alzheimer's disease and related disorders or other forms of dementia; one psychiatrist who provides specialized services to patients with Alzheimer's disease and related disorders or other forms of dementia; one caregiver who provides paid services to persons with Alzheimer's disease or related disorders or other forms of dementia; one unpaid caregiver of a family member who has Alzheimer's disease or a related disorder or other form of dementia; and one neurologist who provides specialized services to patients with Alzheimer's disease or a related disorder or other form of dementia. c. Each public member of the commission shall serve for a term of four years, except that, of the public members first appointed, two shall serve an initial term of one year, three shall serve an initial term of two years, two shall serve an initial term of three years, and two shall serve an initial term of four years. Each public member shall serve for the term of the member's appointment and until a successor is appointed and qualified. Public members shall be eligible for reappointment to the commission. d. All initial appointments to the commission shall be made within 180 days after the effective date of this act. Vacancies in the membership of the commission shall be filled in the same manner as is provided for the original appointments. e. The commission shall organize as soon as practicable, but not later than the 30th day following the appointment of a majority of its members, and shall annually elect a chairperson and vice-chairperson from among its members. The chairperson shall appoint a secretary who need not be a member of the commission. f. Each year, the commission shall meet pursuant to a schedule to be established at its first annual meeting. The commission shall additionally meet at the call of its chairperson or at the call of the Commissioner of Human Services. In no case shall the commission meet fewer than two times per year. g. A majority of the total number of members currently appointed to the commission shall constitute a quorum. A vacancy in the membership of the commission shall not impair the ability of the commission to exercise its duties and effectuate its purposes. The commission may conduct business without a quorum, but may only take advisory action when a quorum is present. Recommendations shall be approved by a majority of the members present. h. The members of the commission shall serve without compensation, but shall be reimbursed for travel and other necessary expenses incurred in the performance of their duties, within the limits of funds made available to the commission for its purposes. i. The commission shall have the power to: (1) adopt, amend, or repeal suitable bylaws for the management of its affairs; (2) with the approval of the Commissioner of Human Services, solicit and receive assistance and services from any State, county, or municipal department, board, commission, or agency, as it may require and as may be available to it for its purposes; and (3) consult with, and solicit and receive testimony from, any association, organization, department, agency, or individual having knowledge of, and experience with: (a) the treatment and care of, or provision of caregiving and personal care services to, persons with Alzheimer's disease and related disorders or other forms of dementia; (b) the status or quality of the State's professional workforce in relation to Alzheimer's disease and related disorders and other forms of dementia care; (c) the emotional, physical, or financial effects of Alzheimer's disease and related disorders or other forms of dementia on individuals, families, and the State; or (d) any other issues related to Alzheimer's disease and related disorders or other forms of dementia. j. The Department of Human Services shall provide professional and clerical staff to the commission as may be necessary to effectuate the purposes of this act. k. The commission shall serve in an advisory capacity to the Department of Human Services. L.2023, c.41, s.1.
N.J. Stat. § 26:2SS-1 — NJ Code / Title 26 / Chapter 2SS / Section 2SS-1
Short title.
Status: in_force

1. This act shall be known and may be cited as the "Out-of-network Consumer Protection, Transparency, Cost Containment and Accountability Act." L.2018, c.32, s.1.
N.J. Stat. § 26:3B-5 — NJ Code / Title 26 / Chapter 3B / Section 3B-5
Accumulation of materials in which fly larvae exist
Status: in_force

No person, corporation or municipality knowingly shall maintain or permit to be maintained any accumulation of animal or vegetable matter in which fly larvae exist. L.1945, c. 192, p. 654, s. 5.
N.J. Stat. § 26:2J-18.5 — NJ Code / Title 26 / Chapter 2J / Section 2J-18.5
Noncompliance, penalties.
Status: in_force

4. The commissioner may suspend or revoke the authority to do business in this State of any health maintenance organization that does not comply with the provisions of P.L.2005, c.65 (C.26:2J-18.2 et al.). L.2005,c.65,s.4.
N.J. Stat. § 26:2-105 — NJ Code / Title 26 / Chapter 2 / Section 2-105
Establishment, maintenance of State cancer registry.
Status: in_force

2. The Department of Health shall establish and maintain an up-to-date registry which shall include a record of cases of cancer and specified cases of tumorous or precancerous disease that occur in New Jersey, and such information concerning these cases as it shall deem necessary and appropriate in order to conduct thorough and complete epidemiologic surveys of cancer and cancer-related diseases in this State and to apply appropriate preventive and control measures. L.1977, c.266, s.2; amended 2001, c.99, s.1; 2012, c.17, s.113.
N.J. Stat. § 26:2H-5k — NJ Code / Title 26 / Chapter 2H / Section 2H-5k
Revision, addition of complications.
Status: in_force

3. Notwithstanding the provisions of section 2 of this act to the contrary, the commissioner shall revise or add complications or other factors to be included in the report card based on maternal quality indicators as may be recommended by the American Congress of Obstetricians and Gynecologists. L.2018, c.82, s.3.
N.J. Stat. § 26:2H-12.88 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.88
Hospital emergency department to inquire about pregnancy history of certain patients.
Status: in_force

1. Each hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) that has an emergency department shall establish standards and protocols to ensure that each person of childbearing age who presents at the emergency department is asked whether the person had a pregnancy that ended within the past 365 days, including any pregnancy that ended by live birth, stillbirth, miscarriage, or abortion. In the event that a person indicates the person had a pregnancy that ended within the past 365 days, the hospital shall ensure that any care or treatment provided includes an evaluation of potential complications that may have resulted from the pregnancy or the end of the pregnancy. If the person is unresponsive at the time of presentation, the hospital shall make the inquiry as soon as the person becomes responsive or by making appropriate inquiries of individuals who may have knowledge of the person's current or recent pregnancy status. L.2019, c.498, s.1.
N.J. Stat. § 26:3-19.1 — NJ Code / Title 26 / Chapter 3 / Section 3-19.1
Civil service status of employees of local board of health.
Status: in_force

1. All health officers, registered environmental health specialists and other persons selected to fill available positions in a local board of health in any municipality, which has adopted, or shall hereafter adopt, the provisions of Title 11A, Civil Service of the New Jersey Statutes, shall be appointed in accordance with the provisions of Title 11A of the New Jersey Statutes and all such health officers, sanitary inspectors and employees of any such local board of health now holding office, position or employment and who were holding such office, position or employment on July 1, 1950, shall be placed in the career service of the civil service, without examination, and shall be entitled to all the rights, privileges and benefits of such classified service and their successors shall be appointed in accordance with the provisions of Title 11A of the New Jersey Statutes. L.1951,c.333,s.1; amended 1997, c.416, s.10.
N.J. Stat. § 26:9-26 — NJ Code / Title 26 / Chapter 9 / Section 9-26
Other laws not affected
Status: in_force

Nothing in sections 26:9-13 to 26:9-25 of this title shall be construed to alter, amend, modify or repeal the provisions of article 1 of this chapter (s. 26:9-1 et seq.), or to alter, amend, modify or repeal any law conferring upon the state department or local boards of health any powers or duties in connection with the extermination of mosquitoes, but shall be construed to be supplementary thereto.
N.J. Stat. § 26:2H-18.58f — NJ Code / Title 26 / Chapter 2H / Section 2H-18.58f
Transfer of funds to Division of Medical Assistance and Health Services.
Status: in_force

8. a. The Commissioner of Health shall transfer to the Division of Medical Assistance and Health Services in the Department of Human Services from the Health Care Subsidy Fund, $23.8 million in fiscal year 1998, $47.6 million in fiscal year 1999, and an amount in each succeeding fiscal year that is necessary to obtain the maximum amount of federal funds to which the State is entitled in order to provide children's health care coverage in the NJ FamilyCare Program pursuant to P.L.2005, c.156 (C.30:4J-8 et al.), according to a schedule to be determined by the Commissioner of Health in consultation with the Commissioner of Human Services. These funds shall be expended to provide children's health care coverage in the NJ FamilyCare Program pursuant to P.L.2005, c.156. b. In fiscal year 1999 and each fiscal year thereafter, the Governor shall recommend and the Legislature shall appropriate to the Division of Medical Assistance and Health Services for the purposes of subsection a. of this section, those federal funds received in connection with the provision of children's health care coverage in the NJ FamilyCare Program pursuant to P.L.2005, c.156. L.1997, c.263, s.8; amended 2012, c.17, s.225.
N.J. Stat. § 26:4-120 — NJ Code / Title 26 / Chapter 4 / Section 4-120
Fees to be paid to state treasurer
Status: in_force

All fees collected by the Perth Amboy port health officer or by his deputy, under the provisions of this article, shall be paid monthly to the state treasurer. Such health officer shall also give to the state treasurer a full account of all fees collected during the preceding calendar month.
N.J. Stat. § 26:2BB-6 — NJ Code / Title 26 / Chapter 2BB / Section 2BB-6
Transfer of functions, powers, duties.
Status: in_force

6. All the functions, powers and duties of the Director of the Division of Alcoholism and the Director of the Division of Narcotic and Drug Abuse Control are transferred to and vested in the Assistant Commissioner of the Division of Mental Health and Addiction Services, pursuant to the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.). L. 1989, c. 51, s. 6; amended 2023, c.177, s.75.
N.J. Stat. § 26:2C-29 — NJ Code / Title 26 / Chapter 2C / Section 2C-29
Air pollution emergency; determination
Status: in_force

If the State Commissioner of Health determines at any time that air pollution, in any county, locality, place or other area in the State constitutes an unreasonable and emergency risk to the health of those present within said area of the State, such determination shall be communicated in writing, with the factual findings on which such determination is based, to the Governor; the commissioner may delegate in writing to any employee of the department the power to make such determination and deliver the same to the Governor in the absence of the commissioner from the State. Upon being so advised the Governor may by proclamation declare, as to all or any part of said area mentioned in the aforesaid determination, that an air pollution emergency exists, and upon making such declaration the Governor shall have the following powers which he may exercise in whole or in part by the issuance of an order or orders: (a) To prohibit, restrict or condition motor vehicle travel of every kind, including trucks and buses, in the area; (b) To prohibit, restrict or condition the operation of retail, commercial, manufacturing, industrial, or similar activity in the area; (c) To prohibit, restrict or condition operation of incinerators in the area; (d) To prohibit, restrict or condition the burning or other consumption of any type of fuel in the area; (e) To prohibit, restrict or condition the burning of any materials whatsoever in the area; (f) To prohibit, restrict or condition any and all other activity in the area which contributes or may contribute to the air pollution emergency. L.1967, c. 108, s. 4, eff. June 15, 1967.
N.J. Stat. § 26:2J-34 — NJ Code / Title 26 / Chapter 2J / Section 2J-34
Coverage for preexisting condition
Status: in_force

4. Notwithstanding any other provision of law to the contrary, a medicare supplement contract or evidence of coverage shall not deny medicare supplement health care services for losses incurred more than six months from the effective date of enrollment for a preexisting condition. The contract or evidence of coverage shall not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician within six months of the effective date of enrollment. L.1992,c.164,s.4.
N.J. Stat. § 26:2Q-12 — NJ Code / Title 26 / Chapter 2Q / Section 2Q-12
Rules, regulations
Status: in_force

12. The department, in consultation with the Department of Community Affairs, 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 sections 1 through 12 of P.L.1993, c.288 (C.26:2Q-1 through C.26:2Q-12). L.1993,c.288,s.12.
N.J. Stat. § 26:13-6 — NJ Code / Title 26 / Chapter 13 / Section 13-6
Emergency Health Care Provider Registry.
Status: in_force

6. The commissioner may establish a registry of health care workers, public health workers and support services personnel who voluntarily consent to provide health care, public health services and support logistics during a public health emergency. This registry shall be known as the Emergency Health Care Provider Registry. The commissioner may require training related to the provision of health care, public health services and support services in an emergency or crisis as a condition of registration. a. The commissioner may issue identification cards to health care workers, public health workers and support services personnel included in the registry established under this section that: (1) Identify the health care worker, public health worker or support services personnel; (2) Indicate that the individual is registered as a New Jersey emergency health care worker, public health worker or support services personnel; (3) Identify the professional license or certification held by the individual; and (4) Identify the individual's usual area of practice if that information is available and the commissioner determines that it is appropriate to provide that information. b. The commissioner shall establish a form for identification cards issued under this section. c. The commissioner may identify all or part of a health care facility or other location as an emergency health care center. Upon the declaration of a public health emergency, an emergency health care center may be used for: (1) Evaluation and referral of individuals affected by the emergency or crisis; (2) Provision of health care services, including vaccination, mass prophylaxis, isolation and quarantine; and (3) Preparation of patients for transportation. The commissioner may direct designated LINCS agencies, or their successors, and local public health authorities to identify emergency health care centers under this subsection. d. In the event the Governor declares a public health emergency, the commissioner may direct health care workers, public health workers and support services personnel registered under this section who are willing to provide health care services on a voluntary basis to proceed to any place in this State where health care services or public health services are required by reason of the public health emergency. e. An emergency health care worker, public health worker and support services personnel registered under this section may volunteer to perform health care or public health services at any emergency health care center. f. In the event the Governor declares a public health emergency, the commissioner may waive health care facility medical staff privileging requirements for individuals registered as emergency health care workers, and hospitals shall permit registered emergency health care workers to exercise privileges at the hospital for the duration of the public health emergency. g. An emergency health care worker, public health worker and support services personnel registered under this section who provides health care services on a voluntary basis shall not be liable for any civil damages as a result of the person's acts or omissions in providing medical care or treatment related to the public health emergency in good faith and in accordance with the provisions of this act. L.2005,c.222,s.6.
N.J. Stat. § 26:6-14 — NJ Code / Title 26 / Chapter 6 / Section 6-14
Issuance of burial, removal permit; correction of death certificate; completion.
Status: in_force

26:6-14. Upon receipt of a death certificate, the local registrar shall: a. If the certificate is properly executed and complete, issue a burial or removal permit when requested; and b. If the certificate of death is incomplete and unsatisfactory, call attention to the defects in the return, and withhold the burial or removal permit until the defects are corrected. Any person certifying to any of the particulars in the certificate shall complete the same as directed by the local registrar in accordance with such terms as may be defined by the State registrar. For the purposes of the NJ-EDRS, the death certificate shall be complete when the attending, covering or resident physician or the county medical examiner, and the funeral director in charge, have completed their respective portions of the death registration record. Amended 1965, c.78, s.10; 2003, c.221, s.9.
N.J. Stat. § 26:1A-110 — NJ Code / Title 26 / Chapter 1A / Section 1A-110
Compensation of members; expenses
Status: in_force

The members of the Commission on Aging shall serve without compensation, but the members of the commission shall be entitled to reimbursement for their necessary expenses incurred in the performance of their duties as such members. L.1957, c. 72, p. 140, s. 4. Amended by L.1966, c. 61, s. 5.
N.J. Stat. § 26:2H-12.67 — NJ Code / Title 26 / Chapter 2H / Section 2H-12.67
Person permitted to act within scope of practice of license.
Status: in_force

6. Nothing in this act shall prohibit any person licensed under any other law from practicing surgical technology if the person is acting within the scope of practice of his license. L.2011, c.148, s.6.
N.J. Stat. § 26:18-18 — NJ Code / Title 26 / Chapter 18 / Section 18-18
Findings, declarations.
Status: in_force

2. The Legislature finds and declares that: a. In 2019, New Jersey Governor Philip D. Murphy and First Lady Tammy Snyder Murphy launched Nurture NJ, a Statewide campaign committed to both reducing maternal and infant mortality and morbidity and ensuring equitable access to and provision of care among women and children of all races and ethnicities. b. At the time, New Jersey was ranked as low as 47th in the United States for maternal deaths and had one of the widest racial disparities for both maternal and infant mortality. c. Such inequities are particularly evident in our capital city of Trenton, which experiences the highest maternal and infant health disparities among our Black and Hispanic communities. The City of Trenton is among the cities with the highest rates of Black and Hispanic infant mortality; and only 47 percent of mothers in Trenton receive prenatal care in their first trimester. d. In January 2021, the Nurture NJ Strategic Plan included a recommendation to establish a center in the State capital, Trenton, that focuses on innovation and research in maternal and infant health through collaboration with the State's academic, philanthropic, business, and faith communities in partnership with the New Jersey Economic Development Authority, the Departments of Health, Human Services, and Children and Families, and the Office of the Secretary of Higher Education. e. In order to create, fund, and sustain such a facility, to ensure that substantial commitments are made to its related activities, and to position New Jersey to acknowledge and act upon the health disparities and harm wrought by racism and other forms of systemic oppression that have created a public health crisis for Black and Hispanic mothers and their babies, it is necessary to create an authority independent of any supervision or control by the principal departments of the Executive Branch of the State Government. f. The authority will operate a Trenton-based New Jersey Maternal and Infant Health Innovation Center, and will collaborate with other State departments and agencies to advance maternal and infant health care and clinical services throughout the State, and lead the State's coordination, promotion, and implementation of, among other things, education, policymaking, research, innovation, and perinatal workforce development, with a particular focus on eliminating racial disparities in maternal and infant health outcomes. g. The New Jersey Maternal and Infant Health Innovation Center will serve as the first-of-its kind central hub to coordinate among national, State, and local agencies, as well as private organizations, to: promote equitable maternal and infant health care services; implement strategies related to health care and social service delivery, perinatal workforce development, community engagement, data collection, research, and analysis; and serve as an incubator of new enterprises, therapeutics, and technological innovations leading to better health outcomes and reduced mortality and morbidity rates for women and children. h. The New Jersey Maternal and Infant Health Innovation Center will be at the forefront of serving maternal and infant health care needs, not only for families residing in the City of Trenton, but also for families throughout the State of New Jersey and the nation, and will enable collaborative partnerships for research and knowledge transfer within the global maternal and infant health communities. L.2023, c.109, s.2.
N.J. Stat. § 26:2H-18.52 — NJ Code / Title 26 / Chapter 2H / Section 2H-18.52
Definitions relative to provision of health care services to low income persons.
Status: in_force

2. As used in sections 1 through 17 of P.L.1992, c.160 (C.26:2H-18.51 through 26:2H-18.67), sections 12 through 15 of P.L.1995, c.133 (C.26:2H-18.59a through C.26:2H-18.59d), sections 7 through 12 of P.L.1996, c.28 (C.26:2H-18.59e et al.) and sections 6, 8, 10 and 11 of P.L.1997, c.263 (C.26:2H-18.58e, C.26:2H-18.58f, C.26:2H-18.58d and C.26:2H-18.59h): "Administrator" means the administrator of the Health Care Subsidy Fund appointed by the commissioner. "Charity care" means care provided at disproportionate share hospitals that may be eligible for a charity care subsidy pursuant to this act. "Charity care subsidy" means the component of the disproportionate share payment that is attributable to care provided at a disproportionate share hospital to persons unable to pay for that care, as provided in this act. "Commission" means the New Jersey Essential Health Services Commission established pursuant to section 4 of this act. "Commissioner" means the Commissioner of Health. "Department" means the Department of Health. "Disproportionate share hospital" means a hospital designated by the Commissioner of Human Services pursuant to Pub.L.89-97 (42 U.S.C. s.1396a et seq.) and Pub.L.102-234. "Disproportionate share payment" means those payments made by the Division of Medical Assistance and Health Services in the Department of Human Services to hospitals defined as disproportionate share hospitals by the Commissioner of Human Services in accordance with federal laws and regulations applicable to hospitals serving a disproportionate number of low income patients. "Fund" means the Health Care Subsidy Fund established pursuant to section 8 of this act. "Hospital" means an acute care hospital licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et al.). "Medicaid" means the New Jersey Medical Assistance and Health Services Program in the Department of Human Services 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.). L.1992, c.160, s.2; amended 1995, c.133, s.1 1996, c.28, s.1; 1997, c.263, s.1; 2012, c.17, s.220.
N.J. Stat. § 26:4-136 — NJ Code / Title 26 / Chapter 4 / Section 4-136
Construction of act relative to obligations, rights of persons.
Status: in_force

6. The provisions of this act shall not be construed to affect the obligation of any person, or the person's parent or legal guardian if the person is a minor, to comply with any immunization requirement, or the right of that person, parent or legal guardian to request an exemption from the immunization requirement on the grounds that an immunization is medically contraindicated or that the requirement conflicts with the religious tenets or practices of the person, parent or legal guardian, as otherwise established by statute or by regulation of the department. L.2004,c.138,s.6.
N.J. Stat. § 26:3-20.1 — NJ Code / Title 26 / Chapter 3 / Section 3-20.1
Violations by local board in appointments; injunction
Status: in_force

Whenever any local board shall violate any of the provisions of section 26:3-20 of this Title, the department may institute an action in the Superior Court in the name of the State at the relation of the department to enjoin such violation and for such other relief as the court deems proper. L.1947, c. 181, p. 828, s. 8. Amended by L.1953, c. 26, p. 468, s. 13.
N.J. Stat. § 26:1A-92 — NJ Code / Title 26 / Chapter 1A / Section 1A-92
Prevention of Chronic Illness Act
Status: in_force

This act shall be known and may be cited as "The Prevention of Chronic Illness Act." L.1952, c. 102, p. 438, s. 1.
N.J. Stat. § 26:1A-37.5 — NJ Code / Title 26 / Chapter 1A / Section 1A-37.5
Definitions relative to New Jersey Council on Physical Fitness and Sports
Status: in_force

1. As used in this act: "Council" means the New Jersey Council on Physical Fitness and Sports. "Physical Fitness" means good or improved life-style habits of a State resident through the utilization of recreational opportunities, consistent and medically correct exercise and leisure time management for the express purpose of decreasing stress-related maladies, thereby promoting a more healthful environment for the citizens of the State. "Sports" means those team or individual competitive athletic activities that are participated in on an amateur, nonprofit basis by the citizens of the State for the express purposes of enjoyment, exercise and sportsmanship. L.1999,c.265,s.1.
N.J. Stat. § 26:2S-32 — NJ Code / Title 26 / Chapter 2S / Section 2S-32
Acceptance of universal dentist application
Status: in_force

3. a. Within 180 days of the adoption of the forms by regulation pursuant to this act, a carrier which offers or administers a dental plan shall accept the universal dentist application for participation form and renewal form adopted pursuant to this act for the purpose of credentialing dentists who seek to participate in the carrier's provider network and for the purpose of credentialing dentists who are employed by hospitals or other health care facilities which seek to participate in the carrier's provider network. b. Nothing in this section shall be construed to prevent a carrier from requesting additional information from an applicant that is not provided for in the universal application or renewal form, as applicable, if the requested information does not duplicate any information included in the applicable form. L.2019, c.3, s.3.
N.J. Stat. § 26:2I-14 — NJ Code / Title 26 / Chapter 2I / Section 2I-14
Bonds as legal investments
Status: in_force

Bonds and notes issued by the authority under the provisions of this act are hereby made securities in which the State and all political subdivisions of the State, their officers, boards, commissions, departments or other agencies, all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the State, may properly and legally invest any funds, including capital belonging to them or within their control; and said bonds, notes or other securities or obligations are hereby made securities which may properly and legally be deposited with and received by any State or municipal officers or agency of the State for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized by law. L.1972, c. 29, s. 14.
N.J. Stat. § 26:2-103.3 — NJ Code / Title 26 / Chapter 2 / Section 2-103.3
Screening for hearing loss in all newborn children.
Status: in_force

3. a. The commissioner shall ensure that, effective January 1, 2002, all newborn children in the State shall be screened for hearing loss by an appropriate electrophysiologic screening measure. b. Effective January 1, 2002, the department shall issue guidelines for the periodic monitoring of all infants between the age of 29 days and 36 months for delayed onset hearing loss. c. Notwithstanding the provisions of subsection a. of this section to the contrary, no newborn child shall be screened for hearing loss if the parent of the newborn objects to such screening on the grounds that the screening conflicts with the parents' bona fide religious tenets or practices. L.2001,c.373,s.3.
N.J. Stat. § 26:4-100.13 — NJ Code / Title 26 / Chapter 4 / Section 4-100.13
"Hepatitis Inoculation Fund," created; eligibility
Status: in_force

2. a. There is created in the Department of Health the "Hepatitis Inoculation Fund," hereinafter referred to as the "fund." The fund shall be a separate, nonlapsing, revolving account and shall be administered by the Division of Epidemiology and Communicable Disease Control in the Department of Health and all moneys deposited in the fund pursuant to section 1 of P.L.1993, c.227 (N.J.S.2C:64-6) shall be used for the provision of hepatitis inoculations to the following persons, in order of eligibility, and for related administrative costs: (1) volunteer emergency medical technicians-ambulance and volunteer firefighters; (2) all other emergency medical technicians-ambulance, firefighters and police officers in squads or departments with less than 100 members; and (3) all other emergency medical technicians-ambulance, firefighters and police officers. The Director of the Division of Epidemiology and Communicable Disease Control shall promulgate rules and regulations in order to effectuate the purposes of this fund. b. A person whose medical insurance policy pays for the full cost of the hepatitis inoculation shall not receive payment for an inoculation administered pursuant to subsection a. of this section. A person whose medical insurance policy pays for a portion of the cost of hepatitis inoculation may be reimbursed for the unpaid portion from the Hepatitis Inoculation Fund. L.1993,c.227,s.2.
N.J. Stat. § 26:2-179 — NJ Code / Title 26 / Chapter 2 / Section 2-179
Consumer's mercury alert notice, posting, distribution.
Status: in_force

1. The Department of Health, in consultation with the Department of Environmental Protection, shall prepare a consumer's mercury alert notice for posting in all patient areas of professional medical offices that provide gynecological, obstetrical, or pediatric care and in the patient or client areas of all maternal and child health and nutrition programs. The notice shall explain the danger to women who expect to become pregnant, women who are pregnant or breast feeding their children, and young children, of eating mercury contaminated fish. The notice shall summarize the State's and the federal government's most current mercury health advisories concerning fish consumption and shall contain such other information as the department deems appropriate. The notice also shall list any telephone number that may be established for State residents to call for further information about the health advisories. The department shall distribute the notice, at no charge, to all professional medical offices that provide gynecological, obstetrical, or pediatric care and to all publicly funded maternal and child health and nutrition programs in the State. The department shall update the notice as necessary, and shall make additional copies of the notice available to health care providers upon request. L.2003, c.174, s.1; amended 2012, c.17, s.133.
N.J. Stat. § 26:2T-4 — NJ Code / Title 26 / Chapter 2T / Section 2T-4
Rules, regulations.
Status: in_force

4. 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.1998, c.116, s.4; amended 2012, c.17, s.308.
N.J. Stat. § 26:2MM-4 — NJ Code / Title 26 / Chapter 2MM / Section 2MM-4
Annual report.
Status: in_force

4. a. The council shall report annually to the department on the needs of and services for elderly persons at risk of suicide and make any recommendations for suicide prevention and intervention strategies to help reduce the incidence of attempted and completed suicides among elderly persons. b. The department shall report, in a manner and form prescribed by the department, specific recommendations, as appropriate, to the Director of the Division of Consumer Affairs in the Department of Law and Public Safety who shall inform appropriate health care professionals, through the respective professional licensing boards, of the council's recommendations. L.2005,c.274,s.4.
N.J. Stat. § 26:2H-5.26 — NJ Code / Title 26 / Chapter 2H / Section 2H-5.26
Designation of caregiver.
Status: in_force

3. a. A hospital shall provide each patient or, if applicable, the patient's legal guardian, with an opportunity to designate at least one caregiver following the patient's entry into a hospital, and prior to the patient's discharge to the patient's residence, in a timeframe that is consistent with the discharge planning process provided by regulation. The hospital shall promptly document the request in the patient's medical record. b. In the event that the patient is unconscious or otherwise incapacitated upon entry into the hospital, the hospital shall provide the patient or the patient's legal guardian with an opportunity to designate a caregiver within a given timeframe, at the discretion of the attending physician, following the patient's recovery of consciousness or capacity. The hospital shall promptly document the attempt in the patient's medical record. c. In the event that the patient or legal guardian declines to designate a caregiver pursuant to this act, the hospital shall promptly document this declination in the patient's medical record. d. In the event that the patient or the patient's legal guardian designates an individual as a caregiver under this act: (1) The hospital shall promptly request the written consent of the patient or the patient's legal guardian to release medical information to the patient's designated caregiver following the hospital's established procedures for releasing personal health information and in compliance with all State and federal laws, including the federal "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191, and related regulations. (a) If the patient or the patient's legal guardian declines to consent to release medical information to the patient's designated caregiver, the hospital is not required to provide notice to the caregiver under section 4 of P.L.2014, c.68 (C.26:2H-5.27) or provide information contained in the patient's discharge plan under section 5 of P.L.2014, c.68 (C.26:2H-5.28). (2) The hospital shall record the patient's designation of caregiver, the relationship of the designated caregiver to the patient, and the name, telephone number, and address of the patient's designated caregiver in the patient's medical record. e. A patient or the patient's legal guardian may elect to change the patient's designated caregiver at any time, and the hospital must record this change in the patient's medical record before the patient's discharge. f. This section shall not be construed to require a patient or a patient's legal guardian to designate any individual as a caregiver. g. A designation of a caregiver by a patient or a patient's legal guardian does not obligate the designated individual to perform any after-care assistance for the patient. h. In the event that the patient is a minor child, and the parents of the patient are divorced, the custodial parent shall have the authority to designate a caregiver. If the parents have joint custody of the patient, they shall jointly designate the caregiver. L.2014, c.68, s.3.
N.J. Stat. § 26:17-5 — NJ Code / Title 26 / Chapter 17 / Section 17-5
Statewide 2-1-1 telephone system, safe disposal sites, information.
Status: in_force

1. The Department of Health shall periodically provide the Statewide 2-1-1 telephone system with information regarding the location of safe disposal sites for hypodermic syringes and needles and prescription drugs and medication for dissemination to customers of the Statewide 2-1-1 telephone system upon customers' request. L.2023, c.310.
N.J. Stat. § 26:2H-96 — NJ Code / Title 26 / Chapter 2H / Section 2H-96
Payment of annual assessment by nursing homes.
Status: in_force

5. a. Each nursing home shall pay an assessment which, when combined with the aggregate amount of assessments paid by all other nursing homes pursuant to this section shall not exceed 6% of the aggregate amount of annual revenues received by all nursing homes in accordance with 42 C.F.R. s.433.68(f)(3)(I). The assessment shall be comprised of the payments required pursuant to paragraph (2) of this subsection. This assessment shall be paid to the Director of the Division of Taxation in the Department of the Treasury. The director, in consultation with the commissioner, shall establish appropriate procedures and forms for the purpose of collecting and recording this assessment. The provisions of the "State Tax Uniform Procedure Law," R.S.54:48-1 et seq., shall apply to the extent that those provisions, including the confidentiality, protest and appeal provisions, are not inconsistent with the provisions of this act. The State shall neither collect the assessment on nursing homes nor distribute increases in Medicaid until both the provider assessment and the plan for distribution of the proceeds of the fund are approved by the federal government. (1) (Deleted by amendment, P.L.2004, c.41). (2) Notwithstanding any law to the contrary, each nursing home shall pay to the director for deposit into the fund, in accordance with the requirements set forth in this act, an amount for nursing home patient days, excluding Medicare patient days, up to the maximum limit allowed by law less any licensing or other fees which would be considered "health care-related taxes" as defined by 42 C.F.R. s.433.55, including, but not limited to, any fees established by the commissioner as permitted under law. b. The assessment paid under subsection a. of this section shall not include Medicare patient day revenues and receipts from Medicare certified beds. c. The director, in consultation with the commissioner, shall prescribe by regulation the method by which nursing homes shall report information necessary for the director to calculate the assessment. d. The assessment shall not be payable by nursing homes until both the provider assessment and the plan for distribution of the proceeds of the fund are approved by the federal government. Thereafter, the assessment shall be payable after the end of each calendar quarter during which the assessment accrues. Prior written notice of the due date of the assessment shall not be issued until the per diem add-ons pursuant to subsection d. of section 6 of this act have been paid. e. A nursing home shall submit appropriate reports to the director to facilitate the purposes of this act, on a form and in a manner prescribed by the director and within such period of time as the director may require. L.2003,c.105,s.5; amended 2004, c.41, s.2.
N.J. Stat. § 26:9-7 — NJ Code / Title 26 / Chapter 9 / Section 9-7
Notice to landowner to abate
Status: in_force

The local board or the county commission shall, within twenty days from the time such notice is served, investigate the ownership, so far as ascertainable, of the territory on which the breeding places occur, and notify the owner of such lands, if he can be found or ascertained, in the manner provided in section 26:3-49 of this title, to abate such breeding place.
N.J. Stat. § 26:1A-15 — NJ Code / Title 26 / Chapter 1A / Section 1A-15
Additional powers of commissioner
Status: in_force

The commissioner, in addition to his powers and duties otherwise provided in this act or by any other law, shall: a. Exercise all functions and powers of the department not specifically vested in the Public Health Council by this act; b. Adopt rules and regulations governing the internal management of the department; c. Administer the work of the department; d. Enforce all laws relating to the health of the people of the State, and all provisions of the State Sanitary Code; e. Administer all laws which are by their terms included under his jurisdiction or under the jurisdiction of the department; f. Maintain liaison with local, State and Federal officials and agencies concerned with matters of public health or otherwise related to the functions of the department; g. Report to the Governor, the Legislature, and the Public Health Council, with respect to the work of the department, on March fifteenth of each year and at such other times as he may deem in the public interest; h. Institute or cause to be instituted such legal proceedings or processes as may be necessary properly to enforce and give effect to any of his powers or duties as prescribed in this act; i. Cause studies to be made to determine whether the recognized public health activities of local health departments are being conducted and whether minimum standards of performance are being met in all municipalities of the State and for the purposes of this subsection, the commissioner shall recommend and the Public Health Council shall prescribe what are to be considered as "recognized public health activities" and "minimum standards of performance" ; j. Require local boards of health to establish and maintain a program of recognized public health activities and to meet minimum standards of performance as prescribed by the Public Health Council in accordance with the provisions of subsection "i" of this section. L.1947, c. 177, p. 800, s. 15.
N.J. Stat. § 26:2H-87.2 — NJ Code / Title 26 / Chapter 2H / Section 2H-87.2
Rules, regulations
Status: in_force

2. 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 necessary to implement the provisions of this act. L.2019, c.18, s.2.
N.J. Stat. § 26:2-194 — NJ Code / Title 26 / Chapter 2 / Section 2-194
Information available relative to Down syndrome.
Status: in_force

1. a. The Department of Health shall make available on the department's Internet website, to any person who renders prenatal care, postnatal care, or genetic counseling of parents who receive a prenatal or postnatal diagnosis of Down syndrome, the following: (1) up-to-date, evidence-based, written information about Down syndrome that has been reviewed by medical experts and national Down syndrome organizations, including, but not limited to, the Centers for Disease Control and the March of Dimes, which information shall include physical, developmental, educational, and psychosocial outcomes; (2) life expectancy, clinical course, and intellectual and functional development and treatment options; and (3) contact information regarding telephone and support services, including information hotlines specific to Down syndrome, resource centers, and other education and support programs. The department may also make such information available to any other person who has received a positive test result from a test for Down syndrome. This information may be revised by the department as new information about Down syndrome becomes available. b. Information provided under this section shall be in English and Spanish, and in a manner that is easily understandable for women receiving a positive prenatal diagnosis or for the family of a child receiving a postnatal diagnosis of Down syndrome. L.2015, c.173, s.1.
N.J. Stat. § 26:4-17 — NJ Code / Title 26 / Chapter 4 / Section 4-17
Physicians to report persons affected with disease on dairy premises
Status: in_force

Every physician who shall attend any person ill or infected with any communicable disease required by law or the State Sanitary Code to be reported, on any premises where milk is produced for sale or distribution, shall report such fact to the State Department of Health within 12 hours after he has first ascertained that any such person is ill or infected with any of said diseases. The report shall be in writing and shall state the nature of the disease, the name of the person who is ill or infected with the disease, the location of the place where the person is ill or infected, the name of the owner or manager of the dairy premises if the same can be ascertained and such other information as may be required by regulation of the State Department of Health. Amended by L.1954, c. 263, p. 949, s. 3.
N.J. Stat. § 26:2S-9.1 — NJ Code / Title 26 / Chapter 2S / Section 2S-9.1
Managed care plan, continuing treatment of certain patients by physician no longer employed by plan; required.
Status: in_force

1. a. Notwithstanding the provisions of any law to the contrary, a carrier which offers a managed care plan shall provide in that plan that if a covered person is receiving post-operative follow-up care, oncological treatment, psychiatric treatment or obstetrical care by a physician who is employed by or under contract with a carrier at the time the treatment is initiated, the covered person may continue to be treated by that physician for the duration of the treatment in the event that the physician is no longer employed by or under contract with the carrier as follows: (1) for a period not to exceed six months in the case of post-operative follow-up care; (2) for a period not to exceed one year in the case of oncological treatment and psychiatric treatment; and (3) through the duration of a pregnancy and up to six weeks after delivery in the case of obstetrical care. The continuation of treatment by a particular physician as provided for in this subsection shall be at the option of the covered person. The carrier shall provide that health care benefits or services, as appropriate, shall be provided for the treatment of the conditions provided in this subsection to the same extent as such benefits or services were provided while the physician was employed by or under contract with the carrier. Reimbursement for the health care services shall be pursuant to the same fee schedule used to reimburse for the services when the physician was employed by or under contract with the carrier. b. A carrier which offers a managed care plan shall also provide in that plan for continued coverage of other health care services by a physician who was employed by or under contract with the carrier at the time the treatment was initiated, but is no longer employed by or under contract with the carrier, for up to 120 calendar days in cases where it is medically necessary for the covered person to continue treatment with that physician. Health care benefits or services, as applicable, shall be provided by the health benefits plan for medically necessary treatment as provided in this subsection to the same extent as such benefits or services were provided while the physician was employed by or under contract with the carrier. Reimbursement for the health care services shall be pursuant to the same fee schedule used to reimburse for the services when the physician was employed by or under contract with the carrier. c. During the period of time a covered person is continuing to receive treatment pursuant to subsection a. or b. of this section by a physician who is no longer employed by or under contract with the carrier, the carrier shall provide in its plan for reimbursement for any treatment or services provided or delivered to the covered person in an acute care hospital, regardless of whether the acute care hospital is under contract or agreement with the carrier. d. The carrier shall not be liable for any inappropriate treatment provided to the covered person by a physician who is no longer employed by or under contract with the carrier. e. The provisions of this section shall not apply to health care services provided by a physician who is the subject of disciplinary action by the State Board of Medical Examiners. L.1999,c.390,s.1.
N.J. Stat. § 26:2-144 — NJ Code / Title 26 / Chapter 2 / Section 2-144
Determination of Rh blood type
Status: in_force

The physician or licensed health professional shall submit the blood specimen to a licensed clinical laboratory or a laboratory approved by the State Department of Health for a determination of rhesus (Rh) blood type. The laboratory shall report the results to the physician or other person engaged in the prenatal care of the woman at the time of delivery, miscarriage or abortion. L. 1987, c. 166, s. 2.
N.J. Stat. § 26:4-87 — NJ Code / Title 26 / Chapter 4 / Section 4-87
Local board to report prevalence of rabies
Status: in_force

Each local board shall furnish information to the state department concerning the prevalence of rabies within its jurisdiction whenever or as often as requested to do so by the state department.
N.J. Stat. § 26:6-81 — NJ Code / Title 26 / Chapter 6 / Section 6-81
Procedure for donor to make anatomical gift.
Status: in_force

5. a. A person may make an anatomical gift and thereby become a donor: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (2) in a will; (3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom shall be a disinterested witness; or (4) as provided in subsection b. of this section. b. A donor or other person authorized to make an anatomical gift pursuant to section 4 of this act may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall: (1) be witnessed by at least two adults, at least one of whom shall be a disinterested witness, who have signed at the request of the donor or other person; and (2) state that it has been signed and witnessed as provided in paragraph (1) of this subsection. c. The revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated shall not invalidate the gift. d. An anatomical gift made by will shall take effect upon the donor's death, whether or not the will is probated. Invalidation of the will after the donor's death shall not invalidate the gift. L.2008, c.50, s.5.
N.J. Stat. § 26:4-57.1 — NJ Code / Title 26 / Chapter 4 / Section 4-57.1
Application for financial aid
Status: in_force

Any person declared by the department of health to be a carrier of the causative agent of typhoid fever, paratyphoid fever or other disease the infective agent of which is transmissible through food to other persons may apply to the director of health for financial aid for medical or surgical treatment for such carrier condition and for hospital care and maintenance. In the case of a minor the parent or guardian of such person may make such application on his behalf.
N.J. Stat. § 26:2J-25 — NJ Code / Title 26 / Chapter 2J / Section 2J-25
Statutory construction and relationship to other laws.
Status: in_force

25. Statutory construction and relationship to other laws. a. Except as otherwise provided in this act, provisions of the insurance law and provisions of hospital, medical or health service corporation laws shall not be applicable to any health maintenance organization granted a certificate of authority under this act. This provision shall not apply to an insurer or hospital, medical or health service corporation licensed and regulated pursuant to the insurance laws or the hospital, medical or health service corporation laws of this State except with respect to its health maintenance organization activities authorized and regulated pursuant to this act. Charges paid by or on behalf of enrollees of a health maintenance organization with respect to health care services shall not be subject to taxation by the State or any of its political subdivisions, except as otherwise provided in section 3 of P.L.2004, c.49 (C.26:2J-47). b. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, shall not be construed to violate any provision of law relating to solicitation or advertising by health professionals. c. Any health maintenance organization authorized under this act shall not be deemed to be practicing medicine and shall be exempt from the provisions of chapter 9 of Title 45, Medicine and Surgery, of the Revised Statutes relating to the practice of medicine. d. Except as provided in P.L.2001, c.187 (C.2A:53A-30 et al.), no person participating in the arrangements of a health maintenance organization other than the actual provider of health care services or supplies directly to enrollees and their families shall be liable for negligence, misfeasance, nonfeasance or malpractice in connection with the furnishings of such services and supplies. The provisions of this subsection shall not be construed to eliminate any cause of action against a health maintenance organization otherwise provided by law. e. A health maintenance organization shall be subject to the provisions of P.L.1970, c.22 (C.17:27A-1 et seq.), including those relating to merger or acquisition of control. L.1973,c.337,s.25; amended 2001, c.2, s.1; 2001, c.187, s.8; 2004, c.49, s.4; 2005, c.129, s.1.
N.J. Stat. § 26:2K-51 — NJ Code / Title 26 / Chapter 2K / Section 2K-51
Purposes of the program
Status: in_force

4. The EMSC program shall include, but not be limited to, the establishment of the following: a. Initial and continuing education programs for emergency medical services personnel that include training in the emergency care of infants and children; b. Guidelines for referring children to the appropriate emergency treatment facility; c. Pediatric equipment guidelines for pre-hospital care; d. Guidelines for hospital-based emergency departments appropriate for pediatric care to assess, stabilize, and treat critically ill infants and children, either to resolve the problem or to prepare the child for transfer to a pediatric intensive care unit or a pediatric trauma center; e. Guidelines for pediatric intensive care units, pediatric trauma centers and intermediate care units fully equipped and staffed by appropriately trained critical care pediatric physicians, surgeons, nurses and therapists; f. An interhospital transfer system for critically ill or injured children; and g. Pediatric rehabilitation units staffed by rehabilitation specialists and capable of providing any service required to assure maximum recovery from the physical, emotional, and cognitive effects of critical illness and severe trauma. L.1992,c.96,s.4.
N.J. Stat. § 26:3D-66 — NJ Code / Title 26 / Chapter 3D / Section 3D-66
Use of smokeless tobacco prohibited in public schools.
Status: in_force

1. a. The use of smokeless tobacco is prohibited in any area of any building of, or on the grounds of, any public school. As used in this section, "use of smokeless tobacco" means the inhalation, chewing, or placement in the oral cavity of snuff, chewing tobacco, or any other matter or substance which contains tobacco. b. The board of education of each school district shall ensure the placement, in every public entrance to a public school building in its district, of a sign which shall be located so as to be clearly visible to the public and shall contain letters which contrast in color with the sign, indicating that the use of smokeless tobacco is prohibited therein. c. (1) The board of education of each school district shall order any person using smokeless tobacco in violation of this section to comply with the provisions of this section. Except as otherwise provided pursuant to subsection d. of this section, a person, after being so ordered, who uses smokeless tobacco in violation of this section is subject to a fine of not less than $250 for the first offense, $500 for the second offense, and $1,000 for each subsequent offense. A penalty shall be recovered in accordance with the provisions of paragraphs (3) and (4) of this subsection. (2) The department, the local board of health, or the board, body, or officers exercising the functions of the local board of health according to law, upon written complaint or having reason to suspect that a public school is or may be in violation of the provisions of this section, shall, by written notification, advise the board of education of the school district accordingly and order appropriate action to be taken. A board of education that receives that notice and fails or refuses to comply with the order is subject to a fine of not less than $250 for the first offense, $500 for the second offense, and $1,000 for each subsequent offense. In addition to the penalty provided herein, a court may order immediate compliance with the provisions of this section. (3) A penalty recovered under the provisions of this section shall be recovered by, and in the name of, the Commissioner of Health or by, and in the name of, the local board of health. When the plaintiff is the commissioner, the penalty recovered shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board into the treasury of the municipality where the violation occurred. (4) A municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of this section if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Process shall be in the nature of a summons or warrant and shall issue only at the suit of the commissioner or the local board of health, as the case may be, as plaintiff. (5) The penalties provided in paragraphs (1) and (2) of this subsection shall be the only civil remedy for a violation of this section. There shall be no private right of action against a party for failure to comply with the provisions of this section. d. A student who violates the provisions of this section after being ordered by the board of education of the district to comply with the provisions of this section, shall not be subject to the fines established pursuant to paragraph (1) of subsection c. of this section, but rather shall be prohibited by the board of education of the district from participation in all extracurricular activities, including interscholastic athletics, and the revocation of any student parking permit that the student may possess. The board of education shall adopt a policy that establishes the length of a suspension or revocation to be imposed on a student for an initial or subsequent violation of the provisions of this section. L.2017, c.284, s.1.
N.J. Stat. § 26:2SS-17 — NJ Code / Title 26 / Chapter 2SS / Section 2SS-17
Violations; penalties.
Status: in_force

17. a. A person or entity that violates any provision of this act, or the rules and regulations adopted pursuant hereto, shall be liable to a penalty as provided in this subsection. The penalty shall be collected by the commissioner in the name of the State in a summary proceeding in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). (1) A health care facility or carrier that violates any provision of this act shall be liable to a penalty of not more than $1,000 for each violation. Every day upon which a violation occurs shall be considered a separate violation, but no facility or carrier shall be liable to a penalty greater than $25,000 for each occurrence. (2) A person or entity not covered by paragraph (1) of this subsection that violates the requirements of this act shall be liable to a penalty of not more than $100 for each violation. Every day upon which a violation occurs shall be considered a separate violation, but no person or entity shall be liable to a penalty greater than $2,500 for each occurrence. b. Upon a finding that a person or entity has failed to comply with the requirements of this act, including the payment of a penalty as determined under subsection a. of this section, the commissioner may: (1) in the case of a carrier, initiate such action as the commissioner determines appropriate; (2) in the case of a health care facility, refer the matter to the Commissioner of Health for such action as the Commissioner of Health determines appropriate; or (3) in the case of a health care professional, refer the matter to the appropriate professional or occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety for such action as that board determines appropriate. L.2018, c.32, s.17.
N.J. Stat. § 26:8-48 — NJ Code / Title 26 / Chapter 8 / Section 8-48
Amendments to certificate, recording, authentication.
Status: in_force

26:8-48. A certificate of birth, fetal death, marriage, civil union, domestic partnership or death heretofore or hereafter filed with the State registrar shall not be altered or changed otherwise than by amendments properly signed, dated and witnessed, or as otherwise recorded and authenticated on the NJ-EDRS as prescribed by the State registrar. Amended 1965, c.78, s.65; 2003, c.221, s.21; 2003, c.246, s.20; 2006, c.103, s.51.
N.J. Stat. § 26:4-30 — NJ Code / Title 26 / Chapter 4 / Section 4-30
Examination upon report from director.
Status: in_force

26:4-30. When a local board or health officer receives a report from the director or from any person authorized by the director to make such report, that a person within the jurisdiction of the local board or health officer is, or is suspected to be, a person with a sexually transmitted infection, the board or health officer may cause a medical examination to be made of the person for the purpose of ascertaining whether or not such person is in fact a person with a sexually transmitted infection. Amended 2017, c.131, s.100.
N.J. Stat. § 26:13-16 — NJ Code / Title 26 / Chapter 13 / Section 13-16
Reinstatement of employment after isolation, quarantine.
Status: in_force

16. a. Any person who has been placed in isolation or quarantine pursuant to an order of the commissioner and who at the time of quarantine or isolation was in the employ of any public or private employer, other than a temporary position, shall be reinstated to such employment or to a position of like seniority, status and pay, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so, if the person: (1) receives a certificate of completion of isolation or quarantine issued by the department or the authorized local health department; (2) is still qualified to perform the duties of such position; and (3) makes application for reemployment within 90 days after being released from isolation or quarantine. b. If a public or private employer fails or refuses to comply with the provisions of this section, the Superior Court may, upon the filing of a complaint by the person entitled to the benefits of this section, specifically require the employer to comply with the provisions of this section, and may, as an incident thereto, order the employer to compensate the person for any loss of wages or benefits suffered by reason of the employer's unlawful action. A person claiming to be entitled to the benefits of this section may appear and be represented by counsel, or, upon application to the Attorney General, request that the Attorney General appear and act on his behalf. If the Attorney General is reasonably satisfied that the person so applying is entitled to the benefits, he shall appear and act as attorney for the person in the amicable adjustment of the claim, or in the filing of any complaint and the prosecution thereof. No fees or court costs shall be assessed against a person so applying for the benefits under this section. Attorney fees shall be awarded to the Attorney General or to the counsel for a person entitled to benefits under this section, who prevails in the proceeding. c. The Attorney General may apply to the Superior Court and the court may grant additional relief to persons placed in isolation or quarantine under section 15 of this act, which relief may include, but is not limited to, relief similar to that accorded to military personnel under P.L.1979, c.317 (C.38:23C-1 et seq.). L.2005,c.222,s.16.