reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-8 - Regulations to state date; copies; certified copies of Sanitary Code; evidence

26:1A-8. Regulations to state date; copies; certified copies of Sanitary Code; evidence
Every sanitary regulation or amendment thereto or repealer thereof adopted in accordance with the provisions of section seven of this act shall state the date on which it takes effect, and shall be published by the filing of a copy thereof, duly signed by the chairman of the council, in the office of the Secretary of State and the sending of copies thereof, by the commissioner, to each local board of health and to the clerk of each municipality within the State. Copies shall be printed in such manner as the Public Health Council may from time to time determine, the same to be made available to the public on request. The commissioner, or one of the division directors designated by him, shall, for a fee of one dollar ($1.00) each, furnish copies of the State Sanitary Code and its amendments certified by the chairman of the council and such certified copies shall be received in evidence in all court or other judicial proceedings in the State.
L.1947, c. 177, p. 796, s. 8. Amended by L.1950, c. 29, p. 60, s. 3; L.1953, c. 165, p. 1425, s. 2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-9 - Force and effect of Code; enforcement; local regulations

26:1A-9. Force and effect of Code; enforcement; local regulations
The provisions of the State Sanitary Code shall have the force and effect of law. Such code shall be observed throughout the State and shall be enforced by each local board of health, the local police authorities and other enforcement agencies. Nothing herein contained however shall be deemed to limit the right of any local board of health to adopt such ordinances, rules and regulations, as, in its opinion, may be necessary for the particular locality under its jurisdiction; but such ordinances, rules and regulations shall not be in conflict with the laws of this State or the provisions of the State Sanitary Code, except, however, that such ordinances, rules and regulations may be more restrictive than the provisions of the State Sanitary Code. Every person organization or board of education having control of any public or private school in this State shall insure compliance with the State Sanitary Code as it pertains to the immunization against disease of children attending or having the right to attend such school, including any provision of the code which prohibits attendance by a child who has not been immunized.
L.1947, c. 177, p. 796, s. 9. Amended by L.1974, c. 150, s. 2, eff. Nov. 11, 1974.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-9.1 - Exemption for pupils from mandatory immunization; interference with religious rights; suspension

26:1A-9.1. Exemption for pupils from mandatory immunization; interference with religious rights; suspension
Provisions in the State Sanitary Code in implementation of this act shall provide for exemption for pupils from mandatory immunization if the parent or guardian of the pupil objects thereto in a written statement signed by the parent or guardian upon the ground that the proposed immunization interferes with the free exercise of the pupil's religious rights. This exemption may be suspended by the State Commissioner of Health during the existence of an emergency as determined by the State Commissioner of Health.
L.1974, c. 150, s. 6, eff. Nov. 11, 1974.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-10 - Violation of State Sanitary Code, penalty

26:1A-10. Violation of State Sanitary Code, penalty
10. Each violation of any provision of the State Sanitary Code shall constitute a separate offense and shall be punishable by a penalty of not less than $50 nor more than $1,000. Each such penalty shall be sued for and recovered in a civil action, in any court of competent jurisdiction, by and in the name of the State Department of Health or by and in the name of the local board of health of the municipality in which the violation occurred.
Any penalty recovered in any such action shall be paid to the plaintiff therein. When the plaintiff is the State Department of Health, the penalty recovered shall be paid by the department to the State Treasurer. 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 within which the local board has jurisdiction.
L.1947,c.177,s.10; amended 1953,c.26,s.1; 1993,c.55.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-11 - Additional powers of Public Health Council

26:1A-11. Additional powers of Public Health Council
In addition to its powers and duties otherwise provided in this act, the Public Health Council may:
a. Request from the commissioner such information, concerning the work of the department, as it may deem necessary;
b. Consider any matter relating to the preservation and improvement of public health, and may advise the commissioner thereon;
c. From time to time submit to the commissioner any recommendations which it may deem necessary for the proper conduct of the department;
d. Study and investigate the public health activities of the State and report its findings thereon to the Governor and the Legislature.
L.1947, c. 177, p. 798, s. 11.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-12 - Local by-laws or ordinances to be filed with commissioner; modification or annulment

26:1A-12. Local by-laws or ordinances to be filed with commissioner; modification or annulment
Every local board of health shall file with the commissioner a certified copy of every by-law or ordinance of such board immediately upon passage of the same.
The Public Health Council may modify or annul any order, regulation, by-law or ordinance of any local board of health if, after giving reasonable notice and affording an opportunity to be heard to the members of such local board, the council shall determine that such order, regulation, by-law or ordinance concerns a matter which affects the public health beyond the territory over which such local board has jurisdiction.
L.1947, c. 177, p. 799, s. 12.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-13 - Prescribing organization; personnel, duties regarding; Civil Service

26:1A-13. Prescribing organization; personnel, duties regarding; Civil Service
The commissioner shall, subject to approval by the Public Health Council, prescribe the organization of the department. He shall, subject to the provisions of Title 11 of the Revised Statutes relating to Civil Service, appoint the directors of the divisions and such other personnel as he may consider necessary for the efficient performance of the work of the department.
He shall prescribe the duties of all such persons thus appointed and shall, subject to approval by the Public Health Council, fix their compensation within the limits of available appropriations. All such persons thus appointed shall be in the classified service of the Civil Service of the State, unless otherwise provided by law.
L.1947, c. 177, p. 799, s. 13. Amended by L.1950, c. 29, p. 61, s. 4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-14 - Abolishment of offices or positions

26:1A-14. Abolishment of offices or positions
Subject to approval by the Public Health Council, the commissioner may, subject to any provisions of Title 11 of the Revised Statutes relating thereto, abolish any office or position which in his judgment it may be unnecessary to retain.
L.1947, c. 177, p. 799, s. 14.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-15 - Additional powers of commissioner

26:1A-15. Additional powers of commissioner
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.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-15.1 - Advisory board on health information electronic data interchange technology, Statewide electronic health record policy.

26:1A-15.1 Advisory board on health information electronic data interchange technology, Statewide electronic health record policy.
11. The Commissioner of Health, in consultation with the Commissioner of Banking and Insurance, shall establish an advisory board to make recommendations to the commissioners on health information electronic data interchange technology policy, including a Statewide policy on electronic health records, and measures to protect the confidentiality of medical information. The members of the board shall include, at a minimum, representation from health insurance carriers, health care professionals and facilities, higher education, business and organized labor, health care consumers, and the commissioner of each department in the State that uses individuals' medical records or processes claims for health care services. The members of the board shall serve without compensation but shall be entitled to reimbursement for reasonable expenses incurred in the performance of their duties.
L.1999, c.154, s.11; amended 2005, c.352, s.18; 2012, c.17, s.94.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-15.2 - Annual report to Governor, Legislature.

26:1A-15.2 Annual report to Governor, Legislature.
12. The Commissioner of Health, in conjunction with the Commissioner of Banking and Insurance, shall present an annual report to the Governor and the Legislature on the development and use of health information electronic data interchange technology in New Jersey. The report shall be prepared in consultation with the advisory board established pursuant to section 11 of P.L.1999, c.154 (C.26:1A-15.1). The report shall include any recommendations, including proposals for regulatory and legislative changes, to promote the development and use of health information electronic data interchange technology in this State.
L.1999, c.154, s.12; amended 2012, c.17, s.95.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-16 - Access to premises for examination

26:1A-16. Access to premises for examination
The commissioner shall have full access to any premises for the purpose of examination if he has reason to believe that on the premises there exists a violation of any health law of the State or any provision of the State Sanitary Code.
L.1947, c. 177, p. 801, s. 16.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-17 - Inspection, right of

26:1A-17. Inspection, right of
The commissioner shall have the same right of inspection in regard to all matters affecting the public health as has been or may be conferred upon the local boards of health.
L.1947, c. 177, p. 802, s. 17.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-18 - General supervision over sanitation and hygiene matters

26:1A-18. General supervision over sanitation and hygiene matters
The commissioner shall exercise general supervision over all matters relating to sanitation and hygiene throughout the State. Whenever in the opinion of the commissioner it is necessary or advisable, a sanitary survey of the whole or of any part of the State shall be made. The commissioner may enter upon, examine and survey any source and means of water supply, sewage disposal plant, sewage system, prison, public or private place of detention, asylum, hospital, school, public building, private institution, factory, workshop, tenement, public wash room, public rest room, public toilet and toilet facility, public eating room and restaurant, and also any premises in which he has reason to believe there exists a violation of any health law of the State, any provision of the State Sanitary Code, or any law which he has the duty of administering.
L.1947, c. 177, p. 802, s. 18.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-19 - Sanitary inspections

26:1A-19. Sanitary inspections
The commissioner may make a sanitary inspection of any person or property in transportation through the State, and of any car, boat, or other vehicle in which such person or property may be transported, and may enforce such detention or disinfection as may be necessary for the public safety.
L.1947, c. 177, p. 802, s. 19.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-20 - Local health officials, duties of

26:1A-20. Local health officials, duties of
Every local health official shall furnish the commissioner with such information as the commissioner may demand, and shall perform such acts as the commissioner may direct, with regard to, and within, the territory under the jurisdiction of the local health official.
L.1947, c. 177, p. 802, s. 20.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-21 - Annual conference of local health officials

26:1A-21. Annual conference of local health officials
At least once in every year the commissioner shall call together local health officials for a general conference on the subject of the health of the people of the State, and a discussion of ways and means to promote the same and to prevent disease.
L.1947, c. 177, p. 802, s. 21.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-22 - Delegates to annual conference; expenses

26:1A-22. Delegates to annual conference; expenses
Each local board of health may appoint one or more of its members, officers, or employees as a delegate or delegates to attend the annual conference. The actual traveling and hotel expenses of each delegate shall be paid by the treasurer or other disbursing officer of the municipality within which the local board has jurisdiction, upon presentation by each delegate of a certificate of his appointment and a bill of his expenses duly verified by affidavit.
L.1947, c. 177, p. 802, s. 22.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-23 - Failure of local boards to enforce laws or regulations; order of commissioner

26:1A-23. Failure of local boards to enforce laws or regulations; order of commissioner
The commissioner shall call to the attention of any local board of health, by such notice as he may deem reasonable, any failure on its part to enforce the laws of the State or the provisions of the State Sanitary Code and afford such local board an opportunity to explain its failure. The determination of the commissioner as to what is a reasonable notice shall be conclusive. If, after a hearing, it is found that no good reason exists for the failure of the local board of health to enforce the law or the provisions of the State Sanitary Code, the commissioner shall issue an order directing it to do so.
If the local board fails to comply with such order within the time specified, or, if none is specified, within a reasonable time, the commissioner shall immediately take such action as may be necessary to perform the acts specified in the order.
In all legal proceedings the order of the commissioner shall be prima facie evidence of compliance with the provisions of this section, and conclusive evidence of the violation recited in the order.
L.1947, c. 177, p. 802, s. 23.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-24 - Contract of commissioner where local board fails to perform

26:1A-24. Contract of commissioner where local board fails to perform
Any contracts which the commissioner may make for the purpose of carrying out the power given to him in the second paragraph of section twenty-three of this act shall be binding upon the local municipality and shall have the same force and effect as if duly authorized and made by the local board of health.
L.1947, c. 177, p. 803, s. 24.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-25 - Recovery by State of moneys expended where local board fails to perform

26:1A-25. Recovery by State of moneys expended where local board fails to perform
Any moneys expended by the State, and the amount of all obligations incurred by the State Department, to comply with the orders mentioned in section twenty-three of this act may be recovered in an action at law, in the name of the State Department, from the municipality the local board of health of which failed to comply with the order, and when recovered shall be paid to the State Treasurer.
L.1947, c. 177, p. 803, s. 25.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-26 - Nuisances; notice to local board

26:1A-26. Nuisances; notice to local board
Whenever any nuisance or source of foulness within the territorial jurisdiction of any local board of health is of such a nature that, in the opinion of the commissioner, it is hazardous to the health of persons residing within the limits of the jurisdiction of such local board, the commissioner may cause a notice in writing, signed by him, to be sent to the local board, requiring it to cause the nuisance or source of foulness to be abated within such time as the commissioner by the notice may specify.
L.1947, c. 177, p. 803, s. 26.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-27 - Action to enjoin nuisance

26:1A-27. Action to enjoin nuisance
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.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-28 - Nuisances originating outside territorial jurisdiction

26:1A-28. Nuisances originating outside territorial jurisdiction
Whenever any nuisance or foul odors injurious to the public health within the territorial jurisdiction of a local board shall have a source of origin outside such territorial jurisdiction, the State Commissioner of Health 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 or ill health.
L.1947, c. 177, p. 803, s. 28. Amended by L.1953, c. 26, p. 466, s. 3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-30 - Abatement of nuisance; costs

26:1A-30. Abatement of nuisance; costs
In every such action in which it shall be ascertained by the court that the nuisance or source of foulness or ill health existed at the time of the commencement of the action, substantially as therein set forth, the court may abate the same by an injunction or otherwise. The court may charge the costs of the action upon the property whereon the nuisance or source of foulness or ill health is found, and enforce the payment of the same by the sale of the property or any part of it; or the court may order the persons who caused the nuisance or source of foulness or ill health, or allowed the same to continue, to pay the costs.
L.1947, c. 177, p. 804, s. 30. Amended by L.1953, c. 26, p. 466, s. 5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-31 - Costs against commissioner

26:1A-31. Costs against commissioner
In case no such nuisance or source of foulness or ill health shall be found to exist, costs shall not be awarded against the commissioner unless it shall appear that no probable cause existed for bringing such suit.
L.1947, c. 177, p. 804, s. 31.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-32 - Approval of Department of Health; examination of plan or proposed undertaking

26:1A-32. Approval of Department of Health; examination of plan or proposed undertaking
Whenever the approval of the Department of Health is required to any act, plan, paper, or proposed undertaking, the commissioner or one of the division directors authorized for such purpose by him, shall examine the same. If such examination is made by a division director he shall report to the commissioner the results of his examination, together with his recommendations for action. If in conducting such examination the commissioner deems it necessary, he shall conduct hearings and examine witnesses.
L.1947, c. 177, p. 804, s. 32. Amended by L.1950, c. 29, p. 61, s. 5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-33 - Analyses and examinations of materials

26:1A-33. Analyses and examinations of materials
The commissioner may cause to be made, in the State laboratory, analyses and examinations of samples of water, food, drugs, pathological materials and similar substances, when requested to do so by any official agency in this State or by any duly licensed physician, dentist, pharmacist, or veterinarian of this State.
The commissioner shall fix the charges to be made for analyses and examinations and shall make rules governing the collection and examination of samples.
All moneys received for the analyses and examinations of such samples shall be paid by the commissioner to the State Treasurer.
L.1947, c. 177, p. 805, s. 33.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-34 - Gifts or bequests, acceptance of

26:1A-34. Gifts or bequests, acceptance of
Subject to approval by the Governor and the Public Health Council, the commissioner may accept and administer for the State any grant, gift or bequest to be applied, principal or income, or both, for the purpose specified in such grant, gift or bequest, to the maintenance and use of any service in, or activity of, the department.
L.1947, c. 177, p. 805, s. 34.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-35 - Services of local or Federal officials, acceptance of

26:1A-35. Services of local or Federal officials, acceptance of
Subject to approval by the Public Health Council, the commissioner may accept the services of any local or Federal official or agency in such manner and in such capacities as he may deem appropriate.
L.1947, c. 177, p. 805, s. 35.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36 - Federal grants

26:1A-36. Federal grants
Subject to approval by the Governor and the Public Health Council, the commissioner may apply for and accept grants from the Federal Government or any officer or agency thereof, and may comply with the terms, conditions and limitations thereof, for any of the purposes of this act. Any moneys so received may be expended by the department, subject to any limitations imposed in the grant, to effect any of the purposes of this act, upon warrant of the Commissioner of Taxation and Finance on vouchers certified or approved by the Commissioner of Health.
L.1947, c. 177, p. 805, s. 36.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.2 - Findings, declarations

26:1A-36.2. Findings, declarations
The Legislature finds and declares that:
a. The federal "WIC" program provides nutritious foods to low-income pregnant and lactating women and infants and children up to five years of age who are determined to be at special nutritional risk because of poor health or inadequate nutrition, or both;
b. The federal "WIC" program is essential to the well-being of all eligible persons, and these persons should receive the benefits of the program;
c. The Department of Health has limited participation in the "WIC" program and did not spend all of the federal moneys available for the program to ensure that the program did not overspend its federal allotment, because the federal government requires that any WIC program funds not spent during the federal fiscal year in which they are appropriated be returned to the federal government, and because there are currently no State funds provided to support the WIC program in New Jersey;
d. If a contingency fund was established, the State would be able to ensure that program benefits are provided to all eligible women, infants and children; and
e. It is therefore, in the interest of the State to establish a contingency fund for the "WIC" program in order to provide a stable, nutritional food program for all eligible women, infants, and children with nutritious foods.
L. 1987, c. 261, s. 2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.3 - Special fund established

26:1A-36.3. Special fund established
There is established in the General Fund the "Supplemental Nutrition Assistance Contingency Fund" as a special fund. The State Treasurer shall credit the fund with all moneys appropriated thereto or otherwise made available, and all interest received from the investment of moneys in the fund. All moneys in the fund are appropriated to effectuate the purposes of this act, and any unexpended balances in the fund at the end of a fiscal year shall be appropriated to the credit of the fund. Moneys in the fund shall be available as a contingency reserve to ensure that underenrollment of persons otherwise eligible for supplemental foods under the special supplemental food program for women, infants and children (WIC) established pursuant to Pub.L. 95-267 (42 U.S.C. s. 1786) does not occur due to a concern of overspending federal funds available for that program. Moneys in the fund shall not be available to expand or augment program services and shall not be expended for the administrative costs of the program.
L. 1987, c. 261, s. 3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.3b - Temporary authorization of vendor.

26:1A-36.3b Temporary authorization of vendor.
1. The WIC Services Unit in the Department of Health shall temporarily authorize a vendor that applies to participate in the federal Special Supplemental Nutrition Program for Women, Infants, and Children at a particular site if the applicant is approved to operate at another site and has not been deficient in its participation as specified by State and federal law and regulation.
The WIC Services Unit shall grant the temporary authorization within 14 days of the completion of the initial review of the site by the WIC Services Unit. The temporary authorization shall be valid until the vendor's application is approved or disapproved.
The WIC Services Unit shall not issue a temporary authorization where doing so would be contrary to federal regulations or would jeopardize federal financial participation.
L.2013, c.157, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.3c - Rules, regulations.

26:1A-36.3c Rules, regulations.
2. The Commissioner of Health may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate the purposes of this act.
L.2013, c.157, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.3d - Farmers market vendor to participate in WIC.

26:1A-36.3d Farmers market vendor to participate in WIC.
1. The WIC Services Unit in the Department of Health shall authorize a farmers market vendor to participate as a vendor for the federal Special Supplemental Nutrition Program for Women, Infants, and Children if the vendor is authorized to participate as a farmers market in the federal Supplemental Nutrition Assistance Program and has not been deficient in its participation as specified by State and federal law and regulation.
The WIC Services Unit shall grant the authorization immediately upon receipt of documentation that the vendor is an authorized farmers market participant in the federal Supplemental Nutrition Assistance Program and shall not require any further documentation from the farmers market.
The WIC Services Unit shall not issue the authorization where doing so would be contrary to federal regulations or would jeopardize federal financial participation.
L.2017, c.278, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.3e - Rules, regulations.

26:1A-36.3e Rules, regulations.
2. The Commissioner of Health may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate the purposes of this act.
L.2017, c.278, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.4 - Allocation procedure

26:1A-36.4. Allocation procedure
If the Commissioner of the Department of Health determines that an allocation from the contingency fund is required as a result of overspending beyond the availability of federal funds, he shall provide written notification to the Director of the Division of Budget and Accounting in the Department of the Treasury of his determination and the reasons therefor. The Director of the Division of Budget and Accounting shall review the commissioner's determination and if the director shall agree, he shall make such sums available to the Department of Health as in his opinion are required based on his review of the commissioner's determination. Upon his approval or disapproval of an allocation from the contingency fund, the director shall notify the Joint Budget Oversight Committee or its successor, of the approval or disapproval and the reasons therefor.
L. 1987, c. 261, s. 4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.5 - Regulations

26:1A-36.5. Regulations
6. The Commissioner of Health, in consultation with the Commissioner of Human Services, shall adopt regulations to establish procedures for the voluntary administration of medication to patients in short-term care facilities and screening services as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2).
L.1991,c.233,s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.6 - Findings, declarations

26:1A-36.6. Findings, declarations
1. The Legislature finds and declares that:
a. It is in the best interests of the State to provide a comprehensive system of early intervention services to support infants and toddlers with disabilities, those at risk for disability, and their families, that is built on existing social networks, and naturally occurring supports such as community associations and extended families which promote the inclusion of the child and the family within the community;
b. Infants and toddlers with disabilities are uniquely dependent on their families for survival and nurturance, and while service systems and the personnel within those systems may fluctuate, a family is the only common thread in a child's life;
c. There is an urgent need to enhance the development of infants and toddlers with disabilities to minimize their potential for developmental delay and to enhance the capacity for families to meet the needs of these infants and toddlers;
d. There is also a need to reduce the education costs to our society, reduce costs associated with reliance on social services, minimize the likelihood of institutionalization, reduce health care costs and improve the long-term health and potential for future employability and independence of infants and toddlers with disabilities;
e. No one agency or discipline can meet the complex needs of infants with disabilities and their families, and services to infants and toddlers with disabilities must be comprehensive and multi-disciplinary and must be coordinated so as to assure access and assist families in obtaining needed information and encouraging advocacy on their behalf; and
f. Services and strategies to assist and support families must respect autonomy, interdependence and decision-making in a way which reflects the unique racial, ethnic, cultural and social-economic experiences and background of a family.
L.1993,c.309,s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.7 - Early intervention services established.

26:1A-36.7 Early intervention services established.
2. The Department of Health, in conjunction with the Departments of Education and Human Services, shall establish a Statewide system of early intervention services for eligible infants and toddlers from birth to age two, inclusive, with physical, cognitive, communication, social, or emotional, and adaptive developmental delays or disabilities in accordance with Part H of the "Individuals with Disabilities Education Act," Pub.L.91-230 (20 U.S.C. s.1471 et seq.).
L.1993, c.309, s.2; amended 2007, c.172, s.1; 2012, c.17, s.96.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.7a - Activities of Early Intervention Program relative to autism spectrum disorders.

26:1A-36.7a Activities of Early Intervention Program relative to autism spectrum disorders.
2. The Early Intervention Program in the Department of Health, established pursuant to section 2 of P.L.1993, c.309 (C.26:1A-36.7), shall conduct activities to address the specific needs of children with autism spectrum disorders and their families. These activities shall include, but not be limited to, the following:
a. developing, in consultation with autism experts and advocates, including, but not limited to, the Governor's Council for Medical Research and Treatment of Autism, Autism Speaks, The New Jersey Center for Outreach and Services for the Autism Community, The Autism Center of New Jersey Medical School at Rutgers, The State University, the Statewide Parent Advocacy Network, Inc., and the New Jersey chapter of the American Academy of Pediatrics, guidelines for health care professionals to use in evaluating infants and toddlers living in the State for autism and to ensure the timely referral by health care professionals of infants and toddlers who are identified as having autism or suspected of being on the autism spectrum to the Early Intervention Program in order to provide appropriate services to those infants and toddlers as early as possible;
b. referring affected children who are identified as having autism or suspected of being on the autism spectrum and their families to schools and agencies, including community, consumer, and parent-based agencies, and organizations and other programs mandated by Part C of the "Individuals with Disabilities Education Act" (20 U.S.C. s.1431 et seq.), which offer programs specifically designed to meet the unique needs of children with autism;
c. collecting data on Statewide autism screening, diagnosis, and intervention programs and systems that can be used for applied research, program evaluation, and policy development; and
d. disseminating information on the medical care of individuals with autism to health care professionals and the general public.
L.2007, c.172, s.2; 2007, c.172, s.2; amended 2012, c.17, s.97; 2012, c.45, s.109.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.8 - Rules, regulations

26:1A-36.8. Rules, regulations
3. The Department of Health, in consultation with the Departments of Education and Human Services, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act.
L.1993,c.309,s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.9 - Findings, declarations, "off-label" drugs

26:1A-36.9. Findings, declarations, "off-label" drugs
1. The Legislature finds and declares that:
a. Many citizens of this State rely upon health insurance to cover the cost of obtaining health care.
b. It is essential that the citizens' expectation that their health care costs will be paid by their insurance policies is not disappointed and that they obtain the coverage necessary and appropriate for their care within the terms of their insurance policies.
c. Currently, some insurers deny payment for drugs that have been approved by the Federal Food and Drug Administration (FDA) when the drugs are prescribed for treatments other than those stated in the labelling approved by the FDA ("off-label" use) while other insurers providing similar coverage terms do pay for "off-label" use.
d. Denial of payment for "off-label" use can interrupt or effectively deny access to necessary and appropriate treatment for a person being treated for a life-threatening illness.
e. "Off-label" use of an FDA-approved drug is legal when prescribed in a medically appropriate way and is often necessary to provide needed care. Approximately 50 percent of cancer patients receive some type of "off label" drug in their treatment. The FDA and the federal Department of Health and Human Services recognize the wide variety of effective "off-label" uses of FDA-approved drugs. Information on the appropriate "off-label" use of FDA-approved drugs is obtained from compendia published by the United States Pharmacopoeial Convention, the American Medical Association, and the American Society of Hospital Pharmacists. In addition, scientific studies of "off-label" use of drugs published in recognized peer-reviewed professional journals provide information on appropriate uses of "off-label" drugs.
f. The "Omnibus Budget Reconciliation Act of 1990," Pub. L. 101-508, requires Medicaid agencies to pay for "off-label" use of drugs prescribed for Medicaid patients if the use is stated in any of the three compendia or peer-reviewed literature; thereby providing recognition of the three compendia and peer-reviewed literature as appropriate sources for reimbursement.
g. "Off-label" use of FDA-approved drugs provides efficacious drugs at a lower cost. To require that all appropriate uses of a drug undergo approval by the FDA may substantially increase the cost of drugs and delay or even deny patients' ability to obtain medically effective treatment. FDA approval for each use would require substantial expenditure and time to undergo the clinical trials necessary to obtain FDA approval.
h. Reimbursement for "off-label" uses of FDA-approved drugs is necessary to conform to the way in which appropriate medical treatment is provided, to make needed drugs available to patients, and may help to contain health care costs.
L.1993,c.321,s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.10 - Rules, regulations.

26:1A-36.10 Rules, regulations.
8. The Commissioner of Insurance, after consultation with 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.), promulgate rules and regulations to effectuate the provisions of this act.
L.1993,c.321,s.8.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.12 - Findings, declarations

26:1A-36.12. Findings, declarations
2. The Legislature finds and declares that the development of health promotion and health-risk reduction programs will serve the best interests of the public welfare by encouraging health care consumers to engage in healthy lifestyle behaviors which will result in a reduction of the long-term costs of providing health care. To this end, participation in healthy lifestyles should be encouraged by requiring that health insurance benefits and health care services be provided for wellness health examinations and counselling.
L.1993,c.327,s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.15 - Information relative to insurance coverage for newborn children.

26:1A-36.15 Information relative to insurance coverage for newborn children.
1. a. The Commissioner of Health, in consultation with the Commissioner of Banking and Insurance, shall prepare and make available to each health care professional in the State informational literature on health insurance coverage for newborn children, which is to be provided to new parents in accordance with subsection b. of this section. At a minimum, the information shall inform new parents of: (1) the period of time during which applicable State and federal laws require a parent's health insurance policy to provide coverage for a newborn child; and (2) how to obtain coverage for the child after that period under the parent's policy, a separate private health insurance policy, or a public health coverage plan. The commissioner may make the informational literature available to health care professionals by posting it on the Department of Health's Internet website or by other electronic means.
b. The Department of Health shall require each health care professional in the State to provide new parents, including adoptive parents, with the informational literature specified in section a. of this section. The informational literature shall be distributed to the mother and any other adult family member, including adult adoptive family members where possible, during the mother's prenatal care appointments in the last trimester of pregnancy .
c. As used in this section "health care professional" means an individual who is licensed or certified pursuant to Title 45 of the Revised Statutes, and who provides prenatal health care services as a part of the individual's authorized scope of professional practice.
L.2017, c.153, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-36.16 - Rules, regulations.

26:1A-36.16 Rules, regulations.
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 to effectuate the purposes of this act.
L.2017, c.153, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-37.1 - Charges for reports of statistical data

26:1A-37.1. Charges for reports of statistical data
1. The State Commissioner of Health may, with the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury, make a charge of ten dollars ($10.00) for the preparation and furnishing of each report of statistical data, of the character described in subsection a of section thirty-seven of the act hereby supplemented, together with a charge at the rate of three dollars ($3.00) per hour for the time required in the preparation of such report and together with any additional fees prescribed by law for any item or service incidental to the preparation and furnishing of such report, which charges and fees shall be paid by the person for whom such report is prepared and shall be paid by the State Commissioner of Health into the State treasury.
L.1951, c. 97, p. 500, s. 1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-37.2 - Information and data confidential; disclosure; exceptions

26:1A-37.2. Information and data confidential; disclosure; exceptions
Information and data in the possession of the State Department of Health, pertaining to the health of any named person, procured in connection with research studies approved by the Public Health Council for the purpose of reducing the morbidity or mortality from any cause or condition of health shall be kept in the confidence of the department and shall not be revealed or disclosed in any manner or under any circumstances by any person connected with such research studies or by the department or any person therein except (a) to persons within the department, (b) to other persons participating in such research studies or (c) in such impersonal form that the individual to whom the information or data relates cannot be identified therefrom.
L.1963, c. 68, s. 1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-37.3 - Liability for furnishing information or data

26:1A-37.3. Liability for furnishing information or data
No person may be held liable for damages or otherwise prejudiced in any manner by reason of furnishing information or data pertaining to the health of any person to the State Department of Health for use in connection with research studies described in section 1 of this act.
L.1963, c. 68, s. 2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-37.4 - Unlawful disclosure; violation

26:1A-37.4. Unlawful disclosure; violation
Any person who reveals or discloses any information or data pertaining to the health of any named person in violation of this act is a disorderly person.
L.1963, c. 68, s. 3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-37.5 - Definitions relative to New Jersey Council on Physical Fitness and Sports

26:1A-37.5. Definitions relative to New Jersey Council on Physical Fitness and Sports
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.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-37.6 - New Jersey Council on Physical Fitness and Sports.

26:1A-37.6 New Jersey Council on Physical Fitness and Sports.
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.