reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-103 - Findings, declarations relative to advance directives for mental health care.

26:2H-103 Findings, declarations relative to advance directives for mental health care.
2. The Legislature finds and declares that:
a. This State recognizes, in its law and public policy, a patient's right to make voluntary, informed choices to accept, reject, or choose among alternative courses of medical and surgical treatment, and specifically for an adult who has mental capacity to plan ahead for health care decisions through the execution of an advance directive for health care, otherwise known as a living will or durable power of attorney for health care, and to have the wishes expressed therein respected, subject to certain limitations;
b. Advance directives for health care provide a vehicle for adults who have mental capacity to operationalize their fundamental legal right to accept or refuse medical treatment in the event that they are rendered unable to make decisions and communicate with a health care provider about their treatment options because of serious illness, injury, or permanent loss of mental capacity;
c. The issues affecting persons with mental illness and their psychiatric needs warrant enactment of a separate statute governing advance directives for these individuals, who: find their civil rights and due process protections frequently compromised; often lack the resources, societal supports, and self-esteem needed to make advance directives for health care work for them; and are disadvantaged by the fact that many physicians and attorneys are unaware of the specific issues that typically enter into the decisions that a person with mental illness may make for himself when in crisis;
d. The provision by statute of advanced directives for mental health care will assure respect for the rights of patients with mental illness with respect to the provision of mental health services and their decision-making in regard thereto; and
e. In order to permit a person with mental illness to execute an advance directive that specifies preferences for mental health services in the event that the declarant is subsequently determined to lack decision-making capacity, the Legislature hereby enacts the "New Jersey Advance Directives for Mental Health Care Act."
L.2005, c.233, s.2; amended 2013, c.103, s.68.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-105 - Execution, reaffirmation, modification, revocation, suspension of advance directive for

26:2H-105 Execution, reaffirmation, modification, revocation, suspension of advance directive for
mental health care.
4. a. A declarant may execute, reaffirm, modify, revoke or suspend an advance directive for mental health care at any time, except as provided in subsection f. of section 5 of this act.
(1) The advance directive shall be signed and dated by, or at the direction of, the declarant in the presence of at least one subscribing adult witness, who shall attest that the declarant is of sound mind and free of duress and undue influence.
(2) The advance directive may be supplemented by a video or audio tape recording.
b. The following persons shall not act as a witness to the execution of an advance directive for mental health care:
(1) a designated mental health care representative; and
(2) the responsible mental health care professional responsible for, or directly involved with, the patient's care at the time that the advance directive is executed.
c. A person shall not act as a sole witness to the execution of an advance directive for mental health care if that person is:
(1) related to the declarant by blood, marriage or adoption, or is the declarant's domestic partner or otherwise shares the same home with the declarant;
(2) entitled to any part of the declarant's estate by will or by operation of law at the time that the advance directive is executed; or
(3) an operator, administrator or employee of a rooming or boarding house or a residential health care facility in which the declarant resides.
L.2005,c.233,s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-108 - Operative date of advance directive for mental health care.

26:2H-108 Operative date of advance directive for mental health care.
7. a. An advance directive for mental health care shall become operative:
(1) when it is transmitted to the responsible mental health care professional or the psychiatric facility; and it is determined pursuant to section 8 of this act that the patient lacks capacity to make a particular mental health care decision; or
(2) at an earlier date if stipulated by the declarant in the advance directive.
b. Treatment decisions pursuant to an advance directive for mental health care shall not be made and implemented until there has been a reasonable opportunity to establish, and where appropriate confirm, a reliable diagnosis and prognosis for the patient.
L.2005,c.233,s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-109 - Determination of patient's decision-making capacity.

26:2H-109 Determination of patient's decision-making capacity.
8. a. The responsible mental health care professional shall determine whether the patient lacks the capacity to make a particular mental health care decision. The determination shall: be stated in writing; include the responsible mental health care professional's opinion concerning the nature, cause, extent, and probable duration of the patient's incapacity; and be made a part of the patient's medical records.
b. The responsible mental health care professional's determination of a lack of decision-making capacity shall be confirmed by one or more mental health care professionals. The opinion of the confirming mental health care professional shall be stated in writing and made a part of the patient's medical records in the same manner as that of the responsible mental health care professional.
c. A mental health care professional designated by the patient's advance directive as a mental health care representative shall not make the determination of a lack of decision-making capacity.
d. The responsible mental health care professional shall inform the patient, if the patient has any ability to comprehend that he has been determined to lack decision-making capacity, and the mental health care representative that:
(1) the patient has been determined to lack decision-making capacity to make a particular mental health care decision;
(2) each has the right to contest this determination; and
(3) each may have recourse to the dispute resolution process established by the psychiatric facility pursuant to section 14 of P.L.2005, c.223 (C.26:2H-115). Notice to the patient and the mental health care representative shall be documented in the patient's medical records.
e. A determination of lack of decision-making capacity under this act shall be solely for the purpose of implementing an advance directive for mental health care in accordance with the provisions of this act, and shall not be construed as a determination of a patient's incapacity for any other purpose.
f. For the purposes of this section, a determination that a patient lacks decision-making capacity shall be based upon, but need not be limited to, an evaluation of the patient's ability to understand and appreciate the nature and consequences of a particular mental health care decision, including the benefits and risks of, and alternatives to, the proposed mental health care, and to reach an informed decision.
g. For the purposes of this section, "mental health care decision" includes a decision to modify, revoke, or suspend an advance directive for mental health care as provided in subsection f. of section 5 of P.L.2005, c.233 (C.26:2H-106).
L.2005, c.233, s.8; amended 2013, c.103, s.72.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-110 - Authority of mental health care representative.

26:2H-110 Authority of mental health care representative.
9. a. If it has been determined that the patient lacks decision- making capacity, a mental health care representative shall have authority to make mental health care decisions on behalf of the patient.
(1) The mental health care representative shall act in good faith and within the bounds of the authority granted by the advance directive for mental health care and by this act.
(2) The mental health care representative may consent to the patient's admission to a psychiatric facility only as authorized pursuant to paragraph (6) of subsection a. of section 6 of this act.
b. If a different individual has been appointed as the patient's legal guardian, the mental health care representative shall retain legal authority to make mental health care decisions on the patient's behalf, unless the terms of the legal guardian's court appointment or other court decree provide otherwise.
c. The conferral of legal authority on the mental health care representative shall not be construed to impose liability upon that person for any portion of the patient's health care costs.
d. An individual designated as a mental health care representative or as an alternate mental health care representative may decline to serve in that capacity.
e. The mental health care representative shall exercise the patient's right to be informed of the patient's mental health condition, prognosis and treatment options, and to give informed consent to, or refusal of, health care.
f. In the exercise of these rights and responsibilities, the mental health care representative shall seek to make the mental health care decision that the patient would have made if the patient possessed decision-making capacity under the circumstances, or, when the patient's wishes cannot adequately be determined, shall make a mental health care decision in the best interests of the patient.
g. Departure from the decisions of a mental health care representative shall be permitted only if the responsible mental health care professional determines that compliance with those decisions would:
(1) violate the accepted standard of mental health care or treatment under the circumstances of the patient's mental health condition;
(2) require the use of a form of care or treatment that is not available to the mental health care professional responsible for the provision of mental health services to the patient;
(3) violate a court order or provision of statutory law; or
(4) endanger the life or health of the patient or another person.
L.2005,c.233,s.9.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-111 - Additional responsibilities of responsible mental health care professional.

26:2H-111 Additional responsibilities of responsible mental health care professional.
10. In addition to any rights and responsibilities recognized or imposed by or pursuant to this act, or by any other law, a mental health care professional shall have the following responsibilities:
a. The responsible mental health care professional shall make an affirmative inquiry of the patient, the patient's family or others, as appropriate under the circumstances, concerning the existence of an advance directive for mental health care. The responsible mental health care professional shall note in the patient's medical records whether or not an advance directive exists, and the name of the patient's mental health care representative, if any, and shall attach a copy of the advance directive to the patient's medical records. The responsible mental health care professional shall document in the same manner the reaffirmation, modification, revocation or suspension of an advance directive, if he has knowledge of such action.
b. In the event of a transfer of a patient's care:
(1) The responsible mental health care professional shall assure the timely transfer of the patient's medical records, including a copy of the patient's advance directive for mental health care; and
(2) A mental health care professional other than the responsible mental health care professional, who is responsible for the patient's care, shall cooperate in effecting an appropriate, respectful and timely transfer of care, and to assure that the patient is not abandoned or treated disrespectfully.
L.2005,c.233,s.10.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-113 - Instruction directive legally operative, conditions.

26:2H-113 Instruction directive legally operative, conditions.
12. a. If the patient has executed an instruction directive but has not designated a mental health care representative, or if neither the designated mental health care representative or any alternate designee is able or available to serve, the instruction directive shall be legally operative. If the instruction directive provides clear and unambiguous guidance under the circumstances, it shall be honored in accordance with its specific terms by a legally appointed guardian, if any, family member, mental health care professional and psychiatric facility involved with the patient's mental health care, and any other person acting on the patient's behalf, except as provided in subsection c. of this section.
b. If the instruction directive is, in the exercise of reasonable judgment, not specific to the patient's mental health condition and the treatment alternatives, the responsible mental health care professional, in consultation with a legally appointed guardian, if any, family member, or other person acting on the patient's behalf, shall exercise reasonable judgment to effectuate the wishes of the patient, giving full weight to the terms, intent and spirit of the instruction directive.
c. Departure from the specific provisions of the instruction directive shall be permitted only if the responsible mental health care professional determines that compliance with those terms or provisions would:
(1) violate the accepted standard of mental health care or treatment under the circumstances of the patient's mental health condition;
(2) require the use of a form of care or treatment that is not available to the mental health care professional responsible for the provision of mental health services to the patient;
(3) violate a court order or provision of statutory law; or
(4) endanger the life or health of the patient or another person.
L.2005,c.233,s.12.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-114 - Additional rights, responsibilities of psychiatric facility.

26:2H-114 Additional rights, responsibilities of psychiatric facility.
13. In addition to any rights and responsibilities recognized or imposed by or pursuant to this act, or any other law, a psychiatric facility shall have the following responsibilities:
a. A psychiatric facility shall adopt such policies and practices as are necessary to provide for routine inquiry, at the time of admission, and at such other times as are appropriate under the circumstances, concerning the existence and location of an advance directive for mental health care.
b. A psychiatric facility shall adopt such policies and practices as are necessary to provide appropriate informational materials concerning advance directives for mental health care to all interested patients and their families and mental health care representatives, and to assist patients interested in discussing and executing an advance directive for mental health care.
c. In situations in which a transfer of care is necessary, including a transfer for the purpose of effectuating a patient's wishes pursuant to an advance directive for mental health care, a psychiatric facility shall, in consultation with the responsible mental health care professional, take all reasonable steps to effect the appropriate, respectful and timely transfer of the patient to the care of an alternative mental health care professional or psychiatric facility, as necessary, and shall assure that the patient is not abandoned or treated disrespectfully. In those circumstances, a psychiatric facility shall assure the timely transfer of the patient's medical records, including a copy of the patient's advance directive for mental health care.
d. A psychiatric facility shall establish procedures and practices for dispute resolution in accordance with section 14 of this act.
e. A psychiatric facility shall adopt such policies and practices as are necessary to: inform mental health care professionals of their rights and responsibilities under this act; assure that those rights and responsibilities are understood; and provide a forum for discussion and consultation regarding the requirements of this act.
L.2005,c.233,s.13.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-115 - Procedures, practices for resolving disagreements.

26:2H-115 Procedures, practices for resolving disagreements.
14. a. In the event of disagreement among the patient, mental health care representative and responsible mental health care professional concerning the patient's decision-making capacity or the appropriate interpretation and application of the provisions of an advance directive for mental health care to the patient's course of treatment, the parties may seek to resolve the disagreement by means of procedures and practices established by the psychiatric facility, including but not limited to, consultation with an institutional ethics committee, or with a person designated by the psychiatric facility for this purpose, or may seek resolution by a court of competent jurisdiction.
b. A mental health care professional involved in the patient's care, other than the responsible mental health care professional, or an administrator of a psychiatric facility may also invoke the dispute resolution process established by the psychiatric facility to seek to resolve a disagreement concerning the patient's decision-making capacity or the appropriate interpretation and application of the provisions of an advance directive for mental health care.
L.2005,c.233,s.14.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-116 - Construction of act; severability.

26:2H-116 Construction of act; severability.
15. The provisions of this act shall not be construed to supersede any court order relating to, or the provisions of any other statute governing, commitment or admission to a psychiatric facility or the provision of mental health care, including, but not limited to, P.L.1987, c.116 (C.30:4-27.1 et seq.). Any conflict between a court order or the provisions of another statute and the provisions of an advance directive for mental health care, which renders those provisions of the advance directive invalid, shall not be deemed to invalidate any other provisions of the advance directive that do not conflict with the court order or statute.
L.2005,c.233,s.15.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-117 - Rules, regulations relative to psychiatric facilities operated by the Department of Health.

26:2H-117 Rules, regulations relative to psychiatric facilities operated by the Department of Health.
16. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health, in consultation with the Commissioner of Human Services, shall adopt rules and regulations, with respect to psychiatric facilities licensed by the Department of Health, to:
a. provide for the annual reporting by those psychiatric facilities to the Department of Health, and the gathering of such additional data, as is reasonably necessary to oversee and evaluate the implementation of this act; except that the commissioner shall seek to minimize the burdens of record-keeping imposed by the rules and regulations and ensure the appropriate confidentiality of patient records; and
b. require those psychiatric facilities to adopt policies and practices designed to:
(1) make routine inquiry, at the time of admission and at such other times as are appropriate under the circumstances, concerning the existence and location of an advance directive for mental health care;
(2) provide appropriate informational materials concerning advance directives for mental health care, including information about the registry of advance directives for mental health care established or designated pursuant to section 17 of this act, to all interested patients and their families and mental health care representatives, and to assist patients interested in discussing and executing an advance directive for mental health care, as well as to encourage declarants to periodically review their advance directives for mental health care as needed;
(3) inform mental health care professionals of their rights and responsibilities under this act, to assure that the rights and responsibilities are understood, and to provide a forum for discussion and consultation regarding the requirements of this act; and
(4) otherwise comply with the provisions of this act.
L.2005, c.233, s.16; amended 2012, c.17, s.249.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-118 - Joint evaluation, report to Governor, Legislature.

26:2H-118 Joint evaluation, report to Governor, Legislature.
18. The Department of Health and the Department of Human Services shall jointly evaluate the implementation of this act and report to the Governor and the Legislature, including recommendations for any changes deemed necessary, within five years after the effective date of this act.
L.2005, c.233, s.18; amended 2012, c.17, s.250.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-119 - Immunity from criminal, civil liability.

26:2H-119 Immunity from criminal, civil liability.
19. a. A mental health care representative shall not be subject to criminal or civil liability for any actions performed in good faith and in accordance with the provisions of this act to carry out the terms of an advance directive for mental health care.
b. A mental health care professional shall not be subject to criminal or civil liability, or to discipline by the psychiatric facility or the respective State licensing board for professional misconduct, for any actions performed to carry out the terms of an advance directive for mental health care in good faith and in accordance with: the provisions of this act; any rules and regulations adopted by the Commissioner of Health or the Commissioner of Human Services pursuant to this act; and accepted professional standards.
c. A psychiatric facility shall not be subject to criminal or civil liability for any actions performed in good faith and in accordance with the provisions of this act to carry out the terms of an advance directive for mental health care.
L.2005, c.233, s.19; amended 2012, c.17, s.251.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-120 - Construction of act with advance directive for health care.

26:2H-120 Construction of act with advance directive for health care.
20. Nothing in this act shall be construed to impair the legal force and effect of an advance directive for health care executed pursuant to P.L.1991, c.201 (C.26:2H-53 et seq.) either prior to or after the enactment of this act.
L.2005,c.233,s.20.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-121 - Absence of directive, no presumption created.

26:2H-121 Absence of directive, no presumption created.
21. The absence of an advance directive for mental health care shall create no presumption with respect to a patient's wishes regarding the provision, withholding or withdrawing of any form of health care. The provisions of this act shall not apply to persons who have not executed an advance directive for mental health care.
L.2005,c.233,s.21.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-122 - Existing rights, obligations unaffected under health insurance programs.

26:2H-122 Existing rights, obligations unaffected under health insurance programs.
22. The execution of an advance directive for mental health care pursuant to this act shall not in any manner affect, impair or modify the terms of, or rights or obligations created under, any existing policy of health insurance, life insurance or annuity, or governmental benefits program. No health care provider, and no health benefits plan, insurer or governmental authority, shall exclude from health care services or deny coverage to any individual because that individual has executed or has not executed an advance directive for mental health care. The execution, or non-execution, of an advance directive for mental health care shall not be made a condition of coverage under any policy of health insurance, life insurance or annuity, or governmental benefits program.
L.2005,c.233,s.22.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-123 - Validity of directive executed out-of-State.

26:2H-123 Validity of directive executed out-of-State.
23. An advance directive for mental health care executed under the laws of another state in compliance with the laws of that state or the State of New Jersey is validly executed for the purposes of this act. An advance directive for mental health care executed in a foreign country in compliance with the laws of that country or the State of New Jersey, and not contrary to the public policy of this State, is validly executed for the purposes of this act.
L.2005,c.233,s.23.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-124 - Priority of provisions of act.

26:2H-124 Priority of provisions of act.
24. a. (1) To the extent that any of the provisions of this act are inconsistent with P.L.2000, c.109 (C.46:2B-8.1 et seq.) concerning the designation of a mental health care representative, the provisions of this act shall have priority over those of P.L.2000, c.109.
(2) Durable powers of attorney for health care executed pursuant to P.L.2000, c.109 prior to the effective date of this act shall have the same legal force and effect as if they had been executed in accordance with the provisions of this act.
b. Nothing in this act shall be construed to impair the rights of emancipated minors under existing law.
L.2005,c.233,s.24.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-125 - Intentional disregard for act, professional misconduct; fines; fourth degree crime for certain acts relative to advance directives.

26:2H-125 Intentional disregard for act, professional misconduct; fines; fourth degree crime for certain acts relative to advance directives.
25. a. A mental health care professional who intentionally fails to act in accordance with the requirements of this act is subject to discipline for professional misconduct pursuant to section 8 of P.L.1978, c.73 (C.45:1-21).
b. A psychiatric facility that intentionally fails to act in accordance with the requirements of this act shall be subject to a fine of not more than $1,000 for each offense. For the purposes of this subsection, each violation shall constitute a separate offense. Penalties for violations of this act shall be recovered in a summary civil proceeding, brought in the name of the State in a court of competent jurisdiction pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. It shall be a crime of the fourth degree for a person to:
(1) willfully conceal, cancel, deface, obliterate or withhold personal knowledge of an advance directive for mental health care, or a modification, revocation or suspension thereof, without the declarant's consent;
(2) falsify or forge an advance directive for mental health care of another person, or a modification, revocation or suspension thereof;
(3) coerce or fraudulently induce the execution of an advance directive for mental health care, or a modification, revocation or suspension, thereof; or
(4) require or prohibit the execution of an advance directive for mental health care, or a modification, revocation or suspension thereof, as a condition of coverage under any policy of health insurance, life insurance or annuity, or governmental benefits program, or as a condition of the provision of health care.
d. The sanctions provided in this section shall not be construed to repeal any sanctions applicable under other law.
L.2005,c.233,s.25.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-126 - Notification to residents of closing, relocation of nursing home, assisted living facility; exceptions.

26:2H-126 Notification to residents of closing, relocation of nursing home, assisted living facility; exceptions.
1. a. Except as provided in subsection b. of this section, at least 60 days prior to the proposed date of the closing or relocation of a nursing home or assisted living residence licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), the nursing home or assisted living administrator shall notify, in writing, a resident of the facility, the resident's legal representative, if applicable, and the Department of Health of the closing or relocation of the facility.
b. The Commissioner of Health may waive the 60-day notice requirement in subsection a. of this section if the commissioner determines that an emergency situation warrants a more immediate closure or relocation of the nursing home or assisted living residence. In the case of such an emergency situation, the administrator of the facility shall notify, in writing, a resident, the resident's legal representative, if applicable, and the Department of Health of the closure or relocation as soon as practicable.
As used in this section, an "emergency situation" may include: the suspension or revocation of the facility license by the commissioner; decertification of the facility by the federal Medicare program established pursuant to Title XVIII of the "Social Security Act," Pub.L.89-97 (42 U.S.C. s.1395 et seq.), or the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.); or any other event as prescribed by regulation of the commissioner.
L.2006, c.75, s.1; amended 2012, c.17, s.252.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-127 - Assisted living facility, refund of deposit, certain circumstances.

26:2H-127 Assisted living facility, refund of deposit, certain circumstances.
1. a. An assisted living facility licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) that requires a new resident, as a condition of admission to the facility, to pay a one-time security deposit, which is in addition to the regular monthly rental and services charges, shall provide that the deposit plus interest earned on the deposit is refundable to the resident or other designated person upon the resident's vacating the facility if the resident provides the facility with 30 days' notice that the resident intends to vacate the facility.
b. The facility may deduct an amount not to exceed one percent per annum of the amount of the invested or deposited security deposit for the cost of servicing and processing an account containing a security deposit.
L.2009, c.55, s.1; amended 2012, c.17, s.253.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-129 - Short title.

26:2H-129 Short title.
1. Sections 1 through 13 of this act shall be known and may be cited as the "Practitioner Orders for Life-Sustaining Treatment Act."
L.2011, c.145, s.1; amended 2019, c.218, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-132 - Encouragement of public awareness, understanding of POLST form.

26:2H-132 Encouragement of public awareness, understanding of POLST form.
4. It shall be the public policy of this State to encourage public awareness and understanding of the Practitioner Orders for Life-Sustaining Treatment form as a means of enabling patients in this State to indicate their preferences for health care through the use of a completed POLST form as a complementary measure to the use of an advance directive, or in lieu of an advance directive if the patient has not executed such a document, in accordance with the provisions of this act.
L.2011, c.145, s.4; amended 2019, c.218, s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-132.1 - End-of-life care public awareness campaign.

26:2H-132.1 End-of-life care public awareness campaign.
1. a. The Commissioner of Health shall establish a public awareness campaign to foster community-wide discussions and to promote early conversations about advance care planning and patient preferences to improve decision-making in relation to end-of-life care.
b. The commissioner, in establishing the public awareness campaign, shall develop outreach efforts and provide information and educational materials to the general public on various end-of-life care topics including, but not limited to:
(1) how to effectively conduct advance care planning conversations with family members, friends, caregivers, healthcare providers, and other individuals involved in a patient's care, regarding personal goals, preferences, and the type of care desired during the final stages of the patient's life ;
(2) how community leaders and members can appropriately, and in an ethnically, culturally, and linguistically sensitive way, facilitate community-wide discussions regarding advance care planning and end-of-life care;
(3) definitions, procedures, and other information related to advance directives, established pursuant to P.L.1991, c.201 (C.26:2H-53 et seq.);
(4) the differences between the two types of advance directives, namely proxy directives and instructive directives;
(5) the importance of having an advance directive, or advance directives, and the differences between advance directives and Physician Orders for Life-Sustaining Treatment (POLST) forms;
(6) definitions, procedures, and other information related to POLST forms, established pursuant to P.L.2011, c.145 (C.26:2H-129 et seq.);
(7) standardized and approved definitions of, and differences between, palliative care, hospice care, comfort care, and other end-of-life-care terms; and
(8) any other topics or matters related to advance care planning and end-of-life care as the commissioner may deem necessary.
c. Information provided under the public awareness campaign shall be disseminated using ethnically, culturally, and linguistically appropriate means, in a manner that demonstrates respect for individual dignity and sensitivity for ethnic, cultural, and linguistic differences. Where feasible and appropriate, the information shall be made available in a variety of languages.
d. As necessary, the commissioner shall partner with, and expand upon, community-based initiatives and training programs that educate the general public on advance care planning and end-of-life care.
L.2019, c.315, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-132.2 - Requirements for certain facilities concerning end-of-life care.

26:2H-132.2 Requirements for certain facilities concerning end-of-life care.
1. a. Assisted living facilities, dementia care homes, nursing homes, assisted living residences, comprehensive personal care homes, residential health care facilities, hospitals, and long-term care facilities licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall:
(1) require all administrative personnel and professional staff to complete an annual training on advance care planning, end-of-life care, and the use of advance directives and Physician Orders for Life-Sustaining Treatment (POLST) forms;
(2) provide patients and residents, and their families, as appropriate, with educational materials on POLST forms, advance directives, and hospice and palliative care; and
(3) develop and implement policies to identify and address end-of-life care issues for patients and residents upon admission to the facility.
b. The Department of Health shall:
(1) issue a training manual via regulation to establish uniform policies and procedures that a facility, at a minimum, shall follow in order to comply with the requirements outlined in subsection a. of this section. A facility may implement policies and procedures beyond those issued in the department's manual, provided that such policies and procedures do not conflict with the department's regulations; and
(2) require a facility that fails to comply with the provisions of this section to submit a plan of corrective action to the department for approval, and may impose additional penalties or administrative disciplinary action as shall be prescribed by the Commissioner of Health by regulation.
L.2019, c.420, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-133 - Designation of Patient safety organization; responsibilities.

26:2H-133 Designation of Patient safety organization; responsibilities.
5. The Commissioner of Health shall designate a patient safety organization (PSO) operating in this State pursuant to the federal "Patient Safety and Quality Improvement Act of 2005," Pub.L.109-41, to carry out the following responsibilities, by mutual written agreement of the commissioner and that PSO:
a. prescribe a POLST form and the procedures for completion, modification, and revocation of the form;
b. seek to promote awareness among health care professionals, emergency care providers, and the general public in this State about the option to complete a POLST form;
c. provide ongoing training of health care professionals and emergency care providers about the use of the POLST form, in consultation with organizations representing, and educational programs serving, health care professionals and emergency care providers, respectively, in this State;
d. prescribe additional requirements for the completion of a POLST form that may be applicable in the case of a patient with mental illness or a developmental disability in consultation with organizations that represent persons with mental illness and developmental disabilities, respectively;
e. provide for ongoing evaluation of the design and use of POLST forms through the use of such data as the PSO determines reasonably necessary for that purpose, subject to the commissioner's written approval; and
f. seek to minimize any record-keeping burden imposed on a health care institution pursuant to this act and take such actions as are necessary to ensure the confidentiality of any data furnished to the PSO that may contain patient-specific information.
L.2011, c.145, s.5; amended 2012, c.17, s.256.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-134 - Treatment of patient in accordance with POLST form.

26:2H-134 Treatment of patient in accordance with POLST form.
6. a. A health care professional, health care institution, or emergency care provider shall treat a patient who has a completed POLST form in accordance with the information contained therein, except as otherwise provided in this act.
b. A POLST form shall be deemed to be completed, and therefore valid for the purposes of this act if it:
(1) contains information indicating a patient's health care preferences;
(2) has been voluntarily signed by a patient with decision-making capacity, or by the patient's representative in accordance with the patient's known preferences or in the best interests of the patient;
(3) includes the signature of the patient's attending physician, physician assistant, or APN and the date of that signature; and
(4) meets any other requirements to be deemed valid for the purposes of this act.
c. A document executed in another state, which meets the requirements of this act for a POLST form, shall be deemed to be completed and valid for the purposes of this act to the same extent as a POLST form completed in this State.
L.2011, c.145, s.6; amended 2019, c.218, s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-135 - Modification, supersedure of POLST form.

26:2H-135 Modification, supersedure of POLST form.
7. a. If the goals of care of a patient with a completed POLST form change, the patient's attending physician, physician assistant, or APN may, after conducting an evaluation of the patient and after obtaining informed consent from the patient or, if the patient has lost decision-making capacity, the patient's representative in accordance with subsection d. of this section, issue a new order that modifies or supersedes the completed POLST form consistent with the most current information available about the patient's health status and goals of care.
b. A patient with decision-making capacity, may, at any time, modify or revoke the patient's completed POLST form or otherwise request alternative treatment to the treatment that was ordered on the form.
c. If the orders in a patient's completed POLST form regarding the use of any intervention specified therein conflict with the patient's more recent verbal or written directive to the patient's attending physician, physician assistant, or APN, then the physician, physician assistant, or APN shall honor the more recent directive from the patient in accordance with the provisions of subsection e. of this section.
d. The POLST form shall provide the patient with the choice to authorize the patient's representative to revoke or modify the patient's completed POLST form if the patient loses decision-making capacity. If the patient so authorizes the patient's representative, the patient's representative may, at any time after the patient loses decision-making capacity and after consultation with the patient's attending physician or APN, request the physician, physician assistant, or APN to modify or revoke the completed POLST form, or otherwise request alternative treatment to the treatment that was ordered on the form, as the patient's representative deems necessary to reflect the patient's health status or goals of care. If the patient does not authorize the patient's representative to revoke or modify the patient's completed POLST form, the patient's representative may not revoke or modify the patient's completed POLST form.
e. A verbal or written request by a patient or the patient's representative to modify or revoke a patient's completed POLST form, in accordance with the provisions of this section, shall be effectuated once the patient's attending physician, physician assistant, or APN has signed the POLST form attesting to that request for modification or revocation.
L.2011, c.145, s.7; amended 2019, c.218, s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-136 - Procedure in event of disagreement.

26:2H-136 Procedure in event of disagreement.
8. a. In the event of a disagreement among the patient, the patient's representative, and the patient's attending physician, physician assistant, or APN concerning the patient's decision-making capacity or the appropriate interpretation and application of the terms of a completed POLST form to the patient's course of treatment, the parties:
(1) may seek to resolve the disagreement by means of procedures and practices established by the health care institution, including, but not limited to, consultation with an institutional ethics committee, or with a person designated by the health care institution for this purpose; or
(2) may seek resolution by a court of competent jurisdiction.
b. A health care professional involved in the patient's care, other than the attending physician, physician assistant, or APN, or an administrator of a health care institution may also seek to resolve a disagreement concerning the patient's decision-making capacity or the appropriate interpretation and application of the terms of a completed POLST form to the patient's course of treatment in the same manner as set forth in subsection a. of this section.
L.2011, c.145, s.8; amended 2019, c.218, s.8.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-137 - Construction of act.

26:2H-137 Construction of act.
9. Nothing in this act shall be construed to:
a. abridge a patient's right to refuse treatment under either the United States Constitution or the Constitution of the State of New Jersey;
b. impair the obligations of a health care professional to provide for the care and comfort of the patient and to alleviate pain, in accordance with accepted medical and nursing standards;
c. impair the legal validity of a written order not to attempt cardiopulmonary resuscitation on a patient in the event that the patient suffers a cardiac or respiratory arrest, which is not part of a completed POLST form, if the order was signed by a physician prior to or after the effective date of this act and would be deemed valid under State law or regulation in effect prior to the date of enactment of this act;
d. require a health care professional, health care institution, or emergency care provider to participate in the beginning, continuing, withholding, or withdrawing of health care in a manner contrary to law or accepted medical standards;
e. require a private, religiously-affiliated health care institution to participate in the withholding or withdrawing of specified measures utilized to sustain life in a manner contrary to any of its written institutional policies and practices, except that the health care institution shall, with respect to a patient with a completed POLST form:
(1) properly communicate its institutional policies and practices to the patient, or to the patient's representative as applicable, prior to or upon the patient's admission, or as soon after admission as is practicable; and
(2) if its institutional policies and practices appear to conflict with the patient's legal rights, attempt to resolve the conflict and, if a mutually satisfactory accommodation cannot be reached, take all reasonable steps to effect the appropriate, timely, and respectful transfer of the patient to the care of another health care institution appropriate to the patient's needs, and assure that the patient is not abandoned or treated disrespectfully; or
f. revoke, restrict, or otherwise alter a patient's documented designation as a donor pursuant to P.L.2008, c.50 (C.26:6-77 et al.).
L.2011, c.145, s.9.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-138 - Immunity from liability.

26:2H-138 Immunity from liability.
10. a. A patient's representative shall not be subject to criminal or civil liability for any action taken by that individual to carry out the terms of a completed POLST form that is performed in good faith and in accordance with the provisions of this act.
b. A health care professional shall not be subject to criminal or civil liability or to discipline by a health care institution or the applicable State licensing board for professional misconduct for any action taken by the health care professional to carry out the terms of a completed POLST form that is performed in good faith and in accordance with the provisions of this act.
c. A health care institution shall not be subject to criminal or civil liability for any action taken by the institution to carry out the terms of a completed POLST form that is performed in good faith and in accordance with the provisions of this act.
d. An emergency care provider shall not be subject to criminal or civil liability or to discipline by a health care institution or any other entity for professional misconduct for any action taken by the provider to carry out the terms of a completed POLST form that is performed in good faith and in accordance with the provisions of this act.
e. The withholding or withdrawing of life-sustaining treatment pursuant to a completed POLST form, when performed in good faith and in accordance with the terms of that form and the provisions of this act, shall not constitute homicide, suicide, assisted suicide, or active euthanasia.
L.2011, c.145, s.10.