reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6A-8 - Rules, regulations, policies, practices to gather reports, data.

26:6A-8 Rules, regulations, policies, practices to gather reports, data.
8. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) the Department of Health and Senior Services shall establish rules, regulations, policies and practices as may be necessary to collect annual reports from health care institutions, to gather additional data as is reasonably necessary, to oversee and evaluate the implementation of this act. The department shall seek to minimize the burdens of record-keeping imposed by these rules, regulations, policies and practices, and shall seek to assure the appropriate confidentiality of patient records.
L.1991, c.90, s.8; amended 2007, c.39, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-2 - Findings, declarations relative to the "Revised State Medical Examiner Act."

26:6B-2 Findings, declarations relative to the "Revised State Medical Examiner Act."
2. The Legislature finds and declares that:
a. The enactment of a "Revised State Medical Examiner Act" is necessary in order to reform the current decentralized and fragmented medical examiner system in this State;
b. The linchpin of this reform is to be the establishment of a new Office of the Chief State Medical Examiner, to be led by a single officer known as the Chief State Medical Examiner, with significant statutory authority and operational oversight to ensure the effective and efficient operation of the entire medical examiner system in New Jersey;
c. This new office is to be established in, but not of, the Department of Health in order to ensure its independent status, and the Chief State Medical Examiner is to exercise explicit supervisory authority over the entire medical examiner system, with the power to intervene at his discretion in any medicolegal death investigation in this State;
d. The Chief State Medical Examiner is to be responsible for ensuring that the entire medical examiner system is adequately equipped to effectively deliver medicolegal death investigation services throughout the State, including appropriate funding for staff, equipment, and facilities for all medical examiner offices;
e. The Chief State Medical Examiner is to establish operating and performance standards for every medical examiner office in New Jersey, including uniform procedures for medicolegal death investigations; and
f. The reforms entailed in this act will result in a more efficient and effective medical examiner system that will better meet the needs of this State and thereby serve the public interest.
L.2018, c.62, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-3 - Definitions relative to the "Revised State Medical Examiner Act."

26:6B-3 Definitions relative to the "Revised State Medical Examiner Act."
3. As used in this act:
"Commissioner" means the Commissioner of Health.
"Compelling public necessity" means one or more of the following:
a. that a dissection or autopsy is essential to the criminal investigation of a homicide of which the decedent is the victim;
b. that the discovery of the cause of death is necessary to meet an immediate and substantial threat to the public health, and that a dissection or autopsy is essential to ascertain the cause of death;
c. that the death was that of an inmate of a prison, jail, or other correctional facility;
d. that the death was that of a child under the age of 12 years suspected of having been abused or neglected or suspected of being a threat to public health, and the cause of whose death is not apparent after diligent investigation by the medical examiner; or
e. that the need for a dissection or autopsy is established pursuant to the provisions of this act.
"Department" means the Department of Health.
"Friend" means any person who, prior to the decedent's death, maintained close contact with the decedent sufficient to render that person knowledgeable of the decedent's activities, health, and religious beliefs, and who presents an affidavit stating the facts and circumstances upon which the claim that the person is a friend is based, and stating that the person will assume responsibility for the lawful disposition of the body of the deceased.
"Medicolegal death investigator" means a person, other than a medical examiner, who is not a physician, but who is authorized to investigate a death that falls under the jurisdiction of the medical examiner, including all suspicious, violent, unexplained, and unexpected deaths.
"Person in interest" means the spouse, civil union partner, domestic partner, adult child, parent, adult sibling, grandparent, or guardian of the person of the deceased at the time of the deceased's death.
L.2018, c.62, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-4 - Office of the Chief State Medical Examiner.

26:6B-4 Office of the Chief State Medical Examiner.
4. There is established in the Executive Branch of the State Government the Office of the Chief State Medical Examiner. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of the Chief State Medical Examiner is allocated within the Department of Health; but, notwithstanding that allocation, the office shall be independent of any supervision or control by the department or by any board or officer thereof.
L.2018, c.62, s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-5 - Certain office abolished; functions, powers duties transferred to the Office of the Chief State Medical Examiner.

26:6B-5 Certain office abolished; functions, powers duties transferred to the Office of the Chief State Medical Examiner.
5. a. The Office of the State Medical Examiner in the Department of Law and Public Safety, established pursuant to section 2 of P.L.1967, c.234 (C.52:17B-79), is abolished; and all of its functions, powers, and duties are transferred to the Office of the Chief State Medical Examiner in the Department of Health established hereunder, subject to the provisions of this act and in accordance with the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
b. All appropriations and other monies available, and to become available, to the Office of the State Medical Examiner in the Department of Law and Public Safety, established pursuant to section 2 of P.L.1967, c.234 (C.52:17B-79) and abolished pursuant to this act, are continued in the Office of the Chief State Medical Examiner in the Department of Health established hereunder and shall be available for the objects and purposes for which these monies are appropriated, subject to the provisions of this act and any other terms, restrictions, limitations, or other requirements imposed by law.
c. All contracts or agreements that have been executed, as of the effective date of this act, between the Office of the Attorney General and the Northern or Southern Regional Offices of the State Medical Examiner shall be transferred to the Office of the Chief State Medical Examiner in the Department of Health, and continued as if the Office of the Chief State Medical Examiner was the original party to the contract or agreement.
d. Whenever the term "State Medical Examiner" occurs or any reference is made thereto in any law, rule, regulation, order, contract, document, judicial or administrative proceeding, or otherwise, the same shall be deemed to mean or refer to: the "Chief State Medical Examiner" designated as the head of the Office of the Chief State Medical Examiner in the Department of Health established hereunder; or any person appointed to the position of "Deputy Chief State Medical Examiner" and acting on behalf of the Chief State Medical Examiner.
L.2018, c.62, s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-6 - Supervision by Chief State Medical Examiner over State medical examiner system; qualifications, appointment.

26:6B-6 Supervision by Chief State Medical Examiner over State medical examiner system; qualifications, appointment.
6. a. The Office of the Chief State Medical Examiner shall be under the immediate and sole supervision and authority of the Chief State Medical Examiner, who shall direct, control, and oversee the medical examiner system in this State.
b. The Chief State Medical Examiner shall be a physician licensed and in good standing in the State of New Jersey, a graduate of a regularly chartered and legally constituted medical school or college or osteopathic medical school or college, and certified in forensic pathology by the American Board of Pathology or by the American Osteopathic Board of Pathology.
c. The Chief State Medical Examiner shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve for a term of five years and until a successor is appointed and has qualified. In the case of the death, removal, resignation, or permanent incapacity of the Chief State Medical Examiner, the Governor shall appoint a new Chief State Medical Examiner, in the same manner as the original appointment, within six months.
d. The Chief State Medical Examiner shall receive a salary, which shall be within a salary range established by the Civil Service Commission with the approval of the Director of the Division of Budget and Accounting, as provided by section 2 of P.L.1974, c.55 (C.52:14-15.108), and as approved by the Governor.
e. The Chief State Medical Examiner shall report directly to the Commissioner of Health and shall function independently within the department with respect to the supervision of the medical examiner system and the conducting of medicolegal death investigations.
f. During the term of office set forth in this subsection, the Chief State Medical Examiner may be removed by the Governor only for cause as set forth in this act, upon notice and opportunity to be heard.
L.2018, c.62, s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-8 - Deputy Chief State Medical Examiner.

26:6B-8 Deputy Chief State Medical Examiner.
8. a. The position of Deputy Chief State Medical Examiner is created in the Office of the Chief State Medical Examiner.
b. The Chief State Medical Examiner may appoint one or more persons to the position of Deputy Chief State Medical Examiner, as he determines is needed to provide for appropriate supervision of the medical examiner system in this State. If the Chief State Medical Examiner appoints more than one person as Deputy Chief State Medical Examiner, the Chief State Medical Examiner shall name one Deputy Chief Medical Examiner as the "First Deputy Chief State Medical Examiner."
c. The Deputy Chief State Medical Examiner, or the First Deputy Chief State Medical Examiner if one has been named pursuant to subsection b. of this section, shall perform all of the duties of the Chief State Medical Examiner in the case of the incapacity, prolonged absence, permanent resignation, or removal of the Chief State Medical Examiner.
d. The Deputy Chief State Medical Examiner shall: be a physician licensed and in good standing in the State; be a graduate of a regularly chartered and legally constituted medical school or college or osteopathic medical school or college, and certified in forensic pathology by the American Board of Pathology or the American Osteopathic Board of Pathology; and possess such minimum training and experiential requirements as are established by the Chief State Medical Examiner.
e. Nothing shall preclude an appointed county or intercounty medical examiner from also serving as Deputy Chief State Medical Examiner, provided that person meets the eligibility requirements set forth in this section.
f. The Deputy Chief State Medical Examiner shall ensure compliance with the rules and regulations adopted by the Chief State Medical Examiner, and shall perform such duties as are assigned by the Chief State Medical Examiner.
g. The Deputy Chief State Medical Examiner may be removed from office by the Chief State Medical Examiner with or without cause. The removal shall be independent of any position that the Deputy Chief State Medical Examiner holds as a county or intercounty medical examiner.
h. If the Deputy Chief State Medical Examiner appointed pursuant to this section assumes the duties of a county or intercounty medical examiner, the Deputy Chief State Medical Examiner shall have all the authority conferred by law upon a county or intercounty medical examiner and may appoint such assistants, aides, investigators, or other personnel as the Deputy Chief State Medical Examiner deems necessary. In that event, the treasurer of the county or the treasurers of the counties, as the case may be, shall reimburse the Office of the Chief State Medical Examiner or its designated representative for all costs incurred in properly conducting death investigations on behalf of the county or counties and performing all other functions of the county or intercounty medical examiner.
L.2018, c.62, s.8.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-12 - Examination, autopsy when decedent is an organ donor.

26:6B-12 Examination, autopsy when decedent is an organ donor.
12. a. Notwithstanding any other provision of law to the contrary, if a decedent, whose death is under investigation pursuant to this act, is a donor of all or part of his body as evidenced by an advance directive for health care, will, card, or other document, or as otherwise provided in the "Revised Uniform Anatomical Gift Act," P.L.2008, c.50 (C.26:6-77 et seq.), the Chief State Medical Examiner, Deputy Chief State Medical Examiner, county or intercounty medical examiner, or assistant county or intercounty medical examiner, who has notice of the donation shall perform an examination, autopsy, or analysis of tissues or organs only in a manner and within a time period compatible with their preservation for the purposes of transplantation.
b. A health care professional, who is authorized to remove an anatomical gift from a donor whose death is under investigation pursuant to this act, may remove the donated part from the donor's body for acceptance by a person authorized to become a donee, after giving notice to the Chief State Medical Examiner, Deputy Chief State Medical Examiner, county or intercounty medical examiner, or assistant county or intercounty medical examiner, as applicable, if the examination, autopsy, or analysis has not been undertaken in the manner and within the time provided for in this act. The Chief State Medical Examiner, Deputy Chief State Medical Examiner, county or intercounty medical examiner, or assistant county or intercounty medical examiner, as applicable, shall be present during removal of the anatomical gift if, in that medical examiner's judgment, those tissues or organs may be involved in the cause of death. In that case, the applicable medical examiner may request a biopsy of those tissues or organs or deny removal of the anatomical gift. The applicable medical examiner shall explain in writing the reasons for determining that those tissues or organs may be involved in the cause of death, and shall include that explanation in the records maintained pursuant to this act.
c. A health care professional, who is performing a transplant from a donor whose death is under investigation pursuant to this act, shall file with the Chief State Medical Examiner a report detailing the condition of the part of the body that is the anatomical gift and its relationship to the cause of death. If appropriate, the report shall include a biopsy or medically approved sample from the anatomical gift. The health care professional's report shall become part of the Chief State Medical Examiner's report.
L.2018, c.62, s.12; amended 2019, c.49, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-13 - Sudden Child Death Autopsy Protocol Committee.

26:6B-13 Sudden Child Death Autopsy Protocol Committee.
13. a. The Chief State Medical Examiner, in consultation with the commissioner, shall develop standardized protocols for autopsies performed in those cases in which the suspected cause of death of a child under one year of age is sudden infant death syndrome and in which the child is between one and three years of age and the death is sudden and unexpected.
b. The Chief State Medical Examiner shall establish a Sudden Child Death Autopsy Protocol Committee to assist in developing and reviewing the protocols. The committee shall include, but not be limited to: the Chief State Medical Examiner, the Assistant Commissioner of the Division of Family Health Services in the Department of Health, and the Director of the Division of Child Protection and Permanency in the Department of Children and Families, or their designees; the director of the SIDS Resource Center established pursuant to section 4 of P.L.1987, c.331 (C.26:5D-4); an epidemiologist; a forensic pathologist; a pediatric pathologist, a county or intercounty medical examiner; a pediatrician who is knowledgeable about sudden infant death syndrome and child abuse; a law enforcement officer; an emergency medical technician or paramedic; a family member of a sudden infant death syndrome victim; and a family member of a sudden unexpected death victim who was between one and three years of age at the time of death. The committee shall annually review the protocol and make recommendations to the Chief State Medical Examiner to revise the protocol, as appropriate.
c. The protocols shall include requirements and standards for scene investigation, criteria for ascertaining the cause of death based on autopsy, criteria for specific tissue sampling, and such other requirements as the committee deems appropriate. The protocols shall take into account nationally recognized standards for pediatric autopsies.
d. The Chief State Medical Examiner shall be responsible for ensuring that the protocols are followed by all medical examiners and other persons authorized to conduct autopsies in those cases in which the suspected cause of death is sudden infant death syndrome or in which the child is between one and three years of age and the death is sudden and unexpected.
e. The protocols shall authorize the medical examiner or other authorized person to take tissue samples for research purposes if the parent or legal guardian of the deceased child provides written consent for the taking of tissue samples for research purposes pursuant to subsection b. of this section.
f. The sudden infant death syndrome autopsy protocol shall provide that if the findings in the autopsy are consistent with the definition of sudden infant death syndrome specified in the protocol, the person who conducts the autopsy shall state on the death certificate that sudden infant death syndrome is the cause of death.
L.2018, c.62, s.13.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-15 - Cooperation with Office of the Chief Medical Examiner.

26:6B-15 Cooperation with Office of the Chief Medical Examiner.
15. a. All law enforcement officers, State and county prosecutors, and other officials and members of the public shall cooperate fully with the Office of the Chief State Medical Examiner and county and intercounty medical examiners in making the investigations and conducting the autopsies provided for under this act. These officials and all physicians, funeral directors, and other persons shall assist in making dead bodies and related evidence available to such medical examiners for investigations and autopsies.
b. It shall be the duty of each county or intercounty medical examiner to fully cooperate with the Chief State Medical Examiner when the latter chooses to intervene in an ongoing medicolegal death investigation.
L.2018, c.62, s.15.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-16 - Procedure regarding disinterment; powers of Chief State Medical Examiner.

26:6B-16 Procedure regarding disinterment; powers of Chief State Medical Examiner.
16. a. (1) The Chief State Medical Examiner may order a disinterment of a dead body, following the receipt of approval by the Superior Court, when an investigation of the cause of death is authorized. The disinterment shall be performed under the supervision and direction of the Chief State Medical Examiner or his designee. The court shall direct the giving of or dispensing with notice.
(2) The Superior Court, upon the application of a proper party, may order the disinterment of a dead body, when an investigation of the cause of death is authorized, under the supervision and direction of the Chief State Medical Examiner or his designee, and authorize the Chief State Medical Examiner or his designee to remove the body to a public morgue for the purpose of examination or autopsy. The court shall direct the giving of or dispensing with notice.
b. The Chief State Medical Examiner and a county or intercounty medical examiner may order, at his discretion, an inquest in any case under his jurisdiction for the purpose of vetting an unclear or controversial case or issue.
c. The Chief State Medical Examiner, Deputy Chief State Medical Examiner, county and intercounty medical examiner, and assistant county and intercounty medical examiner shall have the power to administer oaths and affirmations, and take affidavits and make examinations, as to any matter within the jurisdiction of their respective offices.
d. (1) The Chief State Medical Examiner and a county or intercounty medical examiner shall be authorized to, and shall, issue a subpoena to compel the attendance of any witness that the medical examiner deems necessary to interrogate in a death under investigation, returnable forthwith or at such place and time as is directed by the medical examiner.
(2) The Chief State Medical Examiner and a county or intercounty medical examiner shall be authorized to, and shall, issue a subpoena duces tecum to require a witness to bring any books, records, documents, files, or things under the control of the person served as the medical examiner deems necessary for the purpose of a medicolegal death investigation.
(3) The Chief State Medical Examiner and a county or intercounty medical examiner shall be authorized to, and shall, issue a subpoena for the production of confidential medical records, mental health records, drug and alcohol abuse records, and other relevant information from a physician, health care facility, or other health care provider as the medical examiner deems necessary for the purpose of a medicolegal death investigation.
(4) A subpoena issued pursuant to this subsection may be enforced by order of a court of competent jurisdiction under threat of contempt of court.
L.2018, c.62, s.16.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-17 - Maintenance of records.

26:6B-17 Maintenance of records.
17. a. It shall be the duty of the Office of the Chief State Medical Examiner and the office of each county or intercounty medical examiner to maintain full and complete records, properly indexed, for all medicolegal death investigations that they have conducted, including the name, if known, of every such person, the place where the body was found, date and cause of death, and all other available information relating thereto.
b. The original reports of the Chief State Medical Examiner, Deputy Chief State Medical Examiner, county or intercounty medical examiner, and assistant county or intercounty medical examiner, and the detailed findings of the autopsy, if any, along with the records of death notification, postmortem inspections and examinations, personal effects taken into possession, and any other information deemed necessary by the Chief State Medical Examiner, shall be attached to the case record for each medicolegal death investigation.
c. The Office of the Chief State Medical Examiner and the office of each county or intercounty medical examiner shall promptly deliver to the county prosecutor of the county in which the death occurred and to the Attorney General, copies of all records and other information relating to every death in which, in the applicable medical examiner's judgment, further investigation may be deemed advisable. The county prosecutor or the Attorney General may obtain copies of such records or other information from those offices as the county prosecutor or the Attorney General deems necessary for his investigation.
d. The records maintained by the Office of the Chief State Medical Examiner and the office of each county or intercounty medical examiner, including those made by the applicable medical examiner or anyone under his direction or supervision, or transcripts thereof certified by the medical examiner, shall be received as competent evidence in any court in this State of the matters and facts therein contained.
e. The Office of the Chief State Medical Examiner and the office of each county or intercounty medical examiner may charge a reasonable fee to private persons for copies of such records and upon such conditions as may be prescribed by the Chief State Medical Examiner; provided, however, that no person with a proper interest in such records shall be denied access thereto. All such fees collected by the Office of the Chief State Medical Examiner and by the office of each county or intercounty medical examiner shall be paid into the State Treasury or county treasury, as applicable, on or before the 10th day of each month.
L.2018, c.62, s.17.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-19 - Annual report.

26:6B-19 Annual report.
19. a. The Office of the Chief State Medical Examiner, in conjunction with the Medical Examiner Review Team, shall issue an annual report, which shall be made publicly available.
b. The annual report shall contain, at a minimum:
(1) the budget and expenditures for each medical examiner office in this State, including its direct and indirect expenses, including a summary of the terms and conditions of each contract for the professional services of the Office of the Chief State Medical Examiner and the office of each county or intercounty medical examiner;
(2) the total number of cases received, reviewed, accepted, and investigated by each medical examiner office;
(3) statistics of determined causes of death; and
(4) an evaluation of the overall performance of each medical examiner office and the medical examiner system as a whole.
L.2018, c.62, s.19.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-20 - Causes for removal of medical examiner.

26:6B-20 Causes for removal of medical examiner.
20. The Governor shall be authorized to remove the Chief State Medical Examiner from office, and the Chief State Medical Examiner shall be authorized to remove any county or intercounty medical examiner from office, for any of the following causes:
a. engaging in illegal activity;
b. intentional substantive noncompliance with rules and regulations;
c. willful misconduct;
d. professional incompetence and neglect of duty;
e. insubordination; or
f. excessive inefficiency in the performance of his duties.
L.2018, c.62, s.20.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-21 - New Jersey State Medical Examiner Toxicology Laboratory.

26:6B-21 New Jersey State Medical Examiner Toxicology Laboratory.
21. a. The Office of the Chief State Medical Examiner shall maintain and supervise a toxicology laboratory, to be designated as the New Jersey State Medical Examiner Toxicology Laboratory, in order to provide necessary toxicology services to the Chief State Medical Examiner, Deputy Chief State Medical Examiner, each county or intercounty medical examiner, and each assistant county or assistant intercounty medical examiner in the performance of medicolegal death investigations in this State.
b. The Chief State Medical Examiner, Deputy Chief State Medical Examiner, county or intercounty medical examiner, and assistant county or assistant intercounty medical examiner requiring the services of a toxicology laboratory are encouraged to enlist the services of the New Jersey State Medical Examiner Toxicology Laboratory. Use of another lab is permitted, provided that the laboratory meets national accreditation standards.
c. The Chief State Medical Examiner shall ensure that the Attorney General and each county prosecutor, as applicable, promptly receive copies of all final toxicology laboratory testing results from the New Jersey State Medical Examiner Toxicology Laboratory or another lab as permitted by subsection b. of this section for toxicology specimens submitted from the Office of the Chief State Medical Examiner or any county or intercounty medical examiner's office. The Attorney General or county prosecutor may obtain copies of the final toxicology testing results as the Attorney General or county prosecutor deems necessary for the fulfillment of his or her official duties.
d. The Chief State Medical Examiner shall adopt such rules and regulations as may be necessary concerning the operations and use of the New Jersey State Medical Examiner Toxicology Laboratory.
L.2018, c.62, s.21.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6B-23 - Immunity from liability.

26:6B-23 Immunity from liability.
24. The Chief State Medical Examiner, a Deputy Chief State Medical Examiner, an Assistant Medical Examiner, their employees, the members of any committees established pursuant to this act, and any other persons who are authorized to undertake actions pursuant to this act, shall be immune from civil or criminal liability, and from professional disciplinary action, for any acts or omissions that are undertaken thereby, in good faith, in accordance with the provisions of this act.
L.2018, c.62, s.24.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:7-16 - Burial permit

26:7-16. Burial permit
Any person who cremates any dead human body without first having received a permit for burial or other final disposition issued according to the laws or regulations of this or any other State shall be guilty of a misdemeanor.
L.1950, c. 256, p. 895, s. 6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:7-18.1 - Time lapse after death

26:7-18.1. Time lapse after death
No person shall cremate a dead human body unless at least 24 hours have elapsed from the time of death as recorded on the death certificate to the time of cremation.
L.1983, c. 385, s. 1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:7-18.2 - Disposition of unclaimed cremains.

26:7-18.2 Disposition of unclaimed cremains.
2. a. Except as provided by subsection b. of this section, a person may dispose of the cremains of a dead human body which have not been claimed by a relative or friend of the deceased within one year from the date of cremation upon certification, to the commissioner's satisfaction, that a diligent effort has been made to identify, locate and notify a relative or friend of the deceased within that one-year period. A diligent effort shall include a certified letter, return receipt requested, mailed to the person who authorized the cremation.
As used in this section, "cremains" means that substance which remains after the cremation of a dead human body.
b. A funeral director, licensed pursuant to P.L.1952, c.340 (C.45:7-32 et seq.), shall grant a qualified veterans' organization the right to receive the cremains of a veteran, or the cremains of an eligible spouse or eligible dependent of a veteran, which have not been claimed by a relative or friend of the deceased within one year after cremation upon certification, to the commissioner's satisfaction, that a diligent effort, as defined in subsection a. of this section, has been made to identify, locate and notify a relative or friend of the deceased within that one-year period.
A qualified veterans' organization which takes possession of cremains pursuant to this section shall dispose of the cremains by scattering them at sea or by interring them on land in a dignified manner at the State-operated, Brigadier General William C. Doyle Veterans' Memorial Cemetery, a State-operated veterans' memorial cemetery, a national veterans' memorial cemetery, or a local veterans' memorial cemetery, if the individual is eligible for interment at those facilities.
As used in this section, "qualified veterans' organization" means a veterans' organization that qualifies as a section 501(c)(3) or 501(c)(19) tax exempt organization under the Internal Revenue Code, or a federally chartered Veterans' Service Organization.
c. A funeral home or mortuary, or an agent of the funeral home or mortuary, or a funeral director, or qualified veterans' organization, shall not be liable for damages in any civil action arising out of the disposal of cremains pursuant to this section unless the damages are the result of gross negligence or willful misconduct.
L.1983, c.385, s.2; amended 2009, c.14, s.1; 2021, c.37, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:7-18.3 - Rules and regulations

26:7-18.3. Rules and regulations
The Commissioner of the Department of Health may promulgate the rules and regulations necessary to effectuate the purposes of this act, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.).
L.1983, c. 385, s. 3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:7-19 - Penalties for violations

26:7-19. Penalties for violations
Any person who violates any of the provisions of this act except section six, or who violates any rule or regulation of the State Department made pursuant to this act, or who shall refuse to comply with any lawful order or direction of the department, shall be liable to the following penalties:
a. For each first offense a penalty of fifty dollars ($50.00);
b. For each second offense a penalty of one hundred dollars ($100.00);
c. For each third and every subsequent offense a penalty of two hundred dollars ($200.00).
L.1950, c. 256, p. 896, s. 9.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:7-20 - Payment of penalty deemed equivalent to conviction

26:7-20. Payment of penalty deemed equivalent to conviction
Payment of a penalty for any alleged violation of this act or any rule or regulation of the State Department made pursuant thereto, either before or after the institution of proceedings for the collection thereof, shall be deemed equivalent to a conviction of the violation for which such penalty was claimed.
L.1950, c. 256, p. 897, s. 10.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:7-21 - Enforcement

26:7-21. Enforcement
11. The provisions of this act shall be enforced and all penalties for the violation thereof shall be recovered in accordance with the provisions of "the penalty enforcement law" (N.J.S.2A:58-1 et seq.), and of any act amendatory thereof and supplementary thereto, and in addition to the provisions and remedies therein contained, the following provisions and remedies shall be applicable in any proceeding brought for a penalty for a violation under the provisions of this act:
(a) The following courts shall have jurisdiction of such proceeding in addition to those prescribed in said law, namely: the Superior Court and municipal courts;
(b) The complaint in such proceeding may be made on information and belief by any employee of the State Department of Health;
(c) A warrant may issue in lieu of summons in such proceeding;
(d) The hearing in such proceeding shall be without a jury;
(e) If the defendant in such proceeding shall fail to pay forthwith the amount of any money judgment rendered against him, the said defendant may be committed as provided in said law;
(f) Such proceeding may be instituted on any day of the week or on a Sunday or a holiday;
(g) Any sums received in payment of a money judgment entered in such proceeding shall be remitted to the State Department of Health;
(h) An appeal from any judgment entered in such proceeding may be taken in the manner provided by law.
L.1950,c.256,s.11; amended 1991,c.91,s.298.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:7-22 - Jurisdiction to restrain acts in violation of laws or regulations

26:7-22. Jurisdiction to restrain acts in violation of laws or regulations
The Superior Court of this State is hereby vested with jurisdiction and discretionary power in an action in the court brought at the suit of the Attorney-General or of the State Department to prevent and restrain the cremation of dead human bodies by any person who has not first obtained the license required by this act, or to prevent and restrain the violation by any person of the provisions of this act, or of any rule or regulation promulgated hereunder.
L.1950, c. 256, p. 898, s. 12. Amended by L.1953, c. 26, p. 480, s. 54.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-1 - Definitions.

26:8-1 Definitions.
26:8-1. As used in this chapter:
"Vital statistics" means statistics concerning births, deaths, fetal deaths, marriages, civil unions and domestic partnerships established pursuant to P.L.2003, c.246 (C.26:8A-1 et al.).
"Vital records" means the birth, death, fetal death, marriage, civil union and domestic partnership records from which vital statistics are produced.
"State registrar" means the State registrar of vital statistics; "Local registrar" or "registrar" means the local registrar of vital statistics of any district; and "registration district" or "district" means a registration district as constituted by this article.
"Live birth" or "birth" means the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such separation, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta attached.
"Authentication" means the entry by the Chief State Medical Examiner, Deputy Chief State Medical Examiner, or a county or intercounty medical examiner or assistant county or intercounty medical examiner, funeral director or physician into the New Jersey Electronic Death Registration System of a personal identification code, digital signature or other identifier unique to that user, by which the information entered into the system by the user is authenticated by the user who assumes responsibility for its accuracy. "Authentication" also means the process by which the State registrar or a local registrar, deputy registrar, alternate deputy registrar or subregistrar indicates that person's review and approval of information entered into the system by the Chief State Medical Examiner, Deputy Chief State Medical Examiner, or a county or intercounty medical examiner or assistant county or intercounty medical examiner, funeral director or physician.
"Electronic registration system" means any electronic method, including, but not limited to, one based on Internet technology, of collecting, transmitting, recording and authenticating information from one or more responsible parties, which is necessary to complete a vital record, and is designed to replace a manual, paper-based data collection, recordation and signature system.
"New Jersey Electronic Death Registration System" or "NJ-EDRS" is an electronic registration system for completing a certification of death or fetal death record that is authorized, designed and maintained by the State registrar.
amended 1965, c.78, s.32; 2003, c.221, s.12; 2003, c.246, s.14; 2006, c.103, s.37; 2018, c.62,s.30.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-4 - Duty to furnish information relative to birth, death, marriage, civil union, domestic partnership.

26:8-4 Duty to furnish information relative to birth, death, marriage, civil union, domestic partnership.
26:8-4. Duty to furnish information relative to birth, death, marriage, civil union, domestic partnership. Upon demand of the State registrar in person, by mail, by means of the NJ-EDRS, or through the local registrar, every physician, midwife, informant, funeral director, or other person having knowledge of the facts relative to any birth, death, fetal death, marriage, civil union or domestic partnership, shall supply such information as he may possess, upon a form provided by the State registrar, or through the NJ-EDRS, or upon the original birth, death, fetal death, marriage, civil union or domestic partnership certificate or its electronic facsimile or digitized form thereof.
Amended 1965, c.78, s.33; 2003, c.221, s.13; 2003, c.246, s.15; 2006, c.103, s.38.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-5 - Institutional records

26:8-5. Institutional records
The person in charge of a hospital, almshouse, lying-in, penal, or other institution, public or private, to which any person resorts for treatment of disease or for confinement, or is committed by process of law, shall make a record of all the personal and statistical particulars relative to each inmate in such institution, at the time of admission, and shall make a complete medical record covering the period of such person's confinement in such institution.
The medical records provided for herein or photographic reproductions thereof shall be retained by the custodian of records of such institution for a period of 10 years following the most recent discharge of the patient, or until the person confined therein reaches the age of 23 years, whichever is the longer period of time. In addition, a discharge summary sheet shall be retained by such custodian of records for a period of 20 years following the most recent discharge of the patient. The discharge summary sheet shall contain the patient's name, address, dates of admission and discharge and a summary of the treatment and medication rendered during the patient's stay. Any X-ray films related to such confinement, or any size reproductions thereof which maintain the clarity of the original shall be retained by such custodian of records for a period of 5 years.
In case of any person admitted or committed for treatment of disease, the physician in charge shall specify, for entry in the record, the nature of the disease and where, in his opinion, it was contracted.
The personal particulars and information required by this section shall be obtained from the individual himself if practicable; and when not, they shall be obtained in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts.
Amended by L.1970, c. 288, s. 1, eff. Dec. 14, 1970; L.1975, c. 282, s. 1, eff. Jan. 12, 1976.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-6 - Registration of midwives, funeral directors.

26:8-6 Registration of midwives, funeral directors.
26:8-6. a. Every midwife and funeral director shall register annually his name, address and occupation, and his license number, with the local registrar of the district in which he resides and shall register that information with the local registrar immediately upon moving to another registration district.
b. The provisions of subsection a. of this section, with respect to funeral directors, shall be satisfied by the implementation of periodic data exchanges between the State Board of Mortuary Science and the State registrar, which shall begin no later than 18 months after the date of enactment of P.L.2003, c.221, in a manner to be prescribed by the State registrar.
Amended 2003, c.221, s.14.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-8 - Vital record facilities

26:8-8. Vital record facilities
Suitable quarters shall be provided for the registration of vital records, which quarters shall be properly equipped with fire resistant area and filing cases for the permanent and safe preservation of all official records made and retained under this chapter and chapter 6 of this Title (s. 26:6-1 et seq.) as well as Chapter 1 of Title 37 of the Revised Statutes.
Amended by L. 1965, c. 78, s. 35; L. 1985, c. 194, s. 1, eff. June 26, 1985.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-11 - Local registrar, appointment; county clerk, authorized to act as local registrar, certain circumstances.

26:8-11 Local registrar, appointment; county clerk, authorized to act as local registrar, certain circumstances.
26:8-11. a. (1) The county governing body, by resolution, subject to the provisions of paragraph (2) of this subsection, may permit the county clerk to act as the local registrar for any registration district within the county that designates the county clerk as its local registrar pursuant to subsection b. of this section. The resolution may limit the districts eligible to use the county clerk as the local registrar by population.
(2) Whenever a county governing body adopts a resolution permitting the county clerk to act as the local registrar for any registration district within the county, the resolution shall not take effect until 30 days after the governing body has:
(a) published the resolution, together with a notice of the date of passage or approval, or both, at least once in a newspaper published in the county, or, if there is no newspaper published in the county, then in a newspaper of general circulation within the county,
(b) prepared operations plans clearly delineating the responsibilities of the local registrar and the county clerk and filed those operations plans with the State Registrar, and
(c) prepared a plan to ensure the security of the vital records, related indices, safety papers and other materials of the county including the planned method of secure storage and transfer of the vital records from a municipality to the county, and filed the security plan with the State Registrar.
b. The local board having jurisdiction over an eligible registration district, within a county that permits the county clerk to act as local registrar, may designate the county clerk as its local registrar by adopting a resolution for that purpose and filing the resolution with the county clerk.
c. The local board having jurisdiction over each registration district shall appoint a local registrar for that district, which shall be the county clerk in the case of a registration district that has designated the county clerk pursuant to this section. In those districts which by governmental organization structure have no separate board of health, the appointment shall be made by the governing body.
In any district having a population of less than 5,000 persons in which the county clerk does not act as the local registrar the municipal clerk shall be appointed as local registrar at a salary to be determined by the appointing authority.
Amended 1965, c.78, s.37; 2005, c.261, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-12 - Approval of appointment by state department

26:8-12. Approval of appointment by state department
The appointment of a local registrar shall be immediately certified to the state department, but shall not become effective until thirty days from the date of filing of the certificate, unless sooner approved in writing by the department. If within the thirty days the department shall disapprove of the appointment, the office shall be deemed vacant.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-13 - Term of office

26:8-13. Term of office
The term of office of a local registrar shall be 3 years and he shall serve until his successor has been appointed and qualified. If the local registrar is the municipal clerk, his term of office shall be concurrent with his term of office as clerk, and he shall be subject to all rules and regulations of the State registrar.
Amended by L.1948, c. 205, p. 1005, s. 1; L.1965, c. 78, s. 38.