reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4A-5 - Exemptions from mandatory compliance

26:4A-5. Exemptions from mandatory compliance
2. Notwithstanding the provisions of section 7 of P.L.1947, c.177 (C.26:1A-7) or any rules or regulations promulgated pursuant thereto to the contrary, a specially exempt facility shall be exempt from mandatory compliance with the first aid personnel and lifeguard requirements of N.J.A.C.8:26-5 et seq., except that:
a. A campground, private marina with a swimming pool, hotel, motel, mobile home park or retirement community which does not voluntarily comply with these requirements shall have a manager or owner on the premises when its swimming area or, in the case of a private marina, when its swimming pool is open for use;
b. A health club which does not voluntarily comply with these requirements shall have an owner or manager on the premises when its swimming pool is open for use. The provisions of this section shall not be construed to exempt a health club from the provisions of P.L.2005, c.346 (C.2A:62A-30 et seq.); and
c. A health club which would ordinarily qualify as a specially exempt facility, but no longer satisfies all of the requirements for exemption because it has elected to provide swimming lessons, classes, or instruction, either directly or through a third-party entity, to persons who are not members of the health club, or to persons who are under 16 years of age, shall continue to be deemed a specially exempt facility for the purposes of P.L.1991, c.135 (C.26:4A-4 et seq.), provided that the health club complies with the first aid personnel and lifeguard requirements of N.J.A.C.8:26-5 et seq. while the swimming lessons, classes or instruction are taking place.
No specially exempt facility shall be deemed ineligible for an exemption from mandatory compliance with the first aid personnel and lifeguard requirements of N.J.A.C.8:26-5 et seq., as provided in this section, solely on the basis that the facility has a functional diving board, water slide, or similar recreational appurtenance.
L.1991, c.135, s.2; amended 2000, c.151, s.2; 2009, c.31, s.2; 2015, c.191, s.2; 2019, c.23, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4A-5.1 - Inspection of seasonal swimming pool; lifeguards; compliance with new requirements

26:4A-5.1. Inspection of seasonal swimming pool; lifeguards; compliance with new requirements
2. a. Each seasonal swimming pool shall be inspected by the health authority prior to its opening for public use, and each year-round swimming pool shall be inspected by the health authority at least two times in each calendar year. A seasonal swimming pool may, prior to opening for public use, elect to submit to the health authority a completed Checklist for Public Recreational Bathing Facilities developed by the Department of Health, which the health authority may choose to review in lieu of conducting an onsite inspection, except that the health authority shall be required to conduct an onsite inspection of each new swimming pool prior to its opening for public use for the first time. Nothing in this subsection shall be construed to require any swimming pool to complete the Checklist for Public Recreational Bathing Facilities developed by the Department of Health. As used in this subsection, "health authority" means the Department of Health or a municipal, county, or regional board of health.
b. Lifeguards who are on duty at a swimming pool shall not have duties or perform any activities that would distract them or intrude upon their attention from proper observation of persons in the swimming pool area or that prevent immediate assistance to persons in distress in the water; except that nothing in this subsection shall be construed to prevent any lifeguard from performing minor administrative tasks, such as checking pool passes, or from performing any routine testing required by the Department of Health by regulation, including, but not limited to, testing disinfectant levels and measuring the pH of the water during operational hours, provided that the lifeguard can perform these tasks and tests without causing an imminent, significant risk to bather safety.
c. No seasonal or year-round swimming pool that was in existence on January 1, 2018 shall be required to take any steps to comply with any new requirements concerning swimming pool circulation systems established by the Department of Health by regulation on or after January 1, 2018, until such time as alterations are made to any part of that swimming pool's circulation system. As used in this subsection, "alteration" means any modification or relocation of any structure or equipment, or change of water flow patterns in an existing swimming pool, such that the design, configuration, or operating characteristics of the circulation system are different from the original design, configuration, or operating characteristics of the circulation system. The term does not include normal maintenance, repair, or replacement of equipment with the same or a newer model.
L.2019, c.23, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4A-5.2 - Rules, regulations

26:4A-5.2. Rules, regulations
3. The Commissioner of Health shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules and regulations as shall be necessary to implement the provisions of this act.
L.2019, c.23, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4A-6 - Signs posted at specially exempt facility.

26:4A-6 Signs posted at specially exempt facility.
3. a. Except as provided in subsection b. of this section, a specially exempt facility which does not voluntarily comply with the first aid and lifeguard requirements of N.J.A.C.8:26-5 et seq., shall post a sign not less than three feet by four feet, which shall be prominently displayed at the entrance to each swimming area, stating: "No lifeguard on duty. Persons under the age of 16 must be accompanied by an adult. No swimming alone." In the case of a campground, hotel, motel, mobile home park or retirement community, the sign shall also state: "This pool (or swimming area) shall be closed when the owner or manager is not on the premises." The notice shall also be posted on a sign not less than eight inches by 10 inches at the registration desk of the campground, hotel or motel, and in each room or suite of the campground, hotel or motel used for occupancy by guests.
b. A health club which is a specially exempt facility and does not voluntarily comply with the first aid and lifeguard requirements of N.J.A.C.8:26-5 et seq., shall post a sign not less than three feet by four feet, which shall be prominently displayed at the entrance to its swimming pool, stating: "No lifeguard on duty. Persons under the age of 16 are not permitted to use this pool." The sign shall also state: "This pool shall be closed when the owner or manager is not on the premises." This information shall also be posted on a sign not less than eight inches by 10 inches at the member service desk of the health club.
L.1991, c.135, s.3; amended 2009, c.31, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4A-7 - Rules, regulations

26:4A-7. Rules, regulations
Notwithstanding any provisions of this act to the contrary, the Department of Health may adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), requiring that first aid personnel or a lifeguard, or both, be on the premises of a specially exempt facility in those cases in which the facility has a functional diving board, water slide or other recreational appurtenance that may present an increased safety risk or hazard.
L.1991,c.135,s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4B-1 - Public restrooms; availability of units without charge; equality of charges for remaining units

26:4B-1. Public restrooms; availability of units without charge; equality of charges for remaining units
Any place of employment or of public accommodation which maintains public restrooms shall make available at least one-half of the units in each such restroom without charge and shall charge equally for the use of the remaining units designated for men and women. Where a public restroom has only one unit, that unit shall be made available without charge. For the purpose of this act "unit" shall include only toilets and "one-half" means the number of units divided by two, but where such division results in a whole number and a fraction, "one-half" means said whole number.
L.1978, c. 162, s. 1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4B-2 - Locked restroom entry doors; availability of keys without charge; posting notice

26:4B-2. Locked restroom entry doors; availability of keys without charge; posting notice
Whenever restroom entry doors are secured by a lock, admission keys shall be provided without charge upon request and notice as to the availability of such keys shall be posted on the entry door.
L.1978, c. 162, s. 2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4B-3 - Violations; petty disorderly person

26:4B-3. Violations; petty disorderly person
Any person owning or operating a place of employment or public accommodation which violates this act is a petty disorderly person.
L.1978, c. 162, s. 3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4B-4 - Right to breast feed in public

26:4B-4. Right to breast feed in public
2. Notwithstanding any provision of law to the contrary, a mother shall be entitled to breast feed her baby in any location of a place of public accommodation, resort or amusement wherein the mother is otherwise permitted.
L.1997,c.101,s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4B-5 - Enforcement, violations, penalties

26:4B-5. Enforcement, violations, penalties
3. a. The local board of health or such board, body or officers exercising the functions of the local board of health according to law, upon written complaint and having reason to suspect a violation of this act has occurred shall, by written notification, advise the owner, manager or other person having control of the public accommodation, resort or amusement of the initial complaint and of the penalties for any subsequent complaints. Thereupon, any owner, manager or other person having control of the public accommodation, resort or amusement receiving such notice who knowingly fails or refuses to comply with the provisions of this act is subject to a fine not to exceed $25.00 for the first offense following initial notification and not to exceed $100.00 for the second offense and not to exceed $200.00 for each offense thereafter. When there exists no local board of health or such board, body or officers having the authority to exercise the functions of the local board of health according to law in the municipality in which a violation of this act has allegedly occurred, the State Department of Health and Senior Services shall exercise the functions of the local boards of health for purposes of this act.
b. Any penalty recovered under the provisions of this act shall be recovered by and in the name of the Commissioner of Health and Senior Services or by and in the name of the local board of health. When the plaintiff is the Commissioner of Health and Senior Services, the penalty recovered shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board into the treasury of the municipality where the violation occurred.
c. Every municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this act, if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with "the penalty enforcement law," N.J.S.2A:58-1 et seq. Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Commissioner of Health and Senior Services, or the local board of health, as the case may be, as plaintiff.
L.1997,c.101,s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4C-1 - Definitions relative to lactation rooms.

26:4C-1 Definitions relative to lactation rooms.
1. As used in this act:
"Department" means the Department of Health.
"Health care facility" means a health care facility that is licensed by the department pursuant to the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.).
"Lactation room" means a sanitary room, other than a restroom, which can be used by a mother to breast feed her baby or express milk in private, and which includes an electrical outlet, a chair, and nearby access to running water.
"Medical Assistance Customer Center" means a community-based office that is operated by the Division of Medical Assistance and Health Services in the Department of Human Services.
"One-Stop Career Center" means the same as that term is defined by section 3 of P.L.1992, c.43 (C.34:15D-3).
L.2019, c.242, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4C-2 - Availability of lactation rooms in certain facilities.

26:4C-2 Availability of lactation rooms in certain facilities.
2. a. Every health care facility; federally qualified health center; county or municipal welfare office or agency; Medical Assistance Customer Center (MACC); One-Stop Career Center operated by, or under the authority of, the Department of Labor and Workforce Development; adoption agency or center operated by, or under the authority of, the Division of Child Protection and Permanency in the Department of Children and Families; foster care services agency contracted by the Division of Child Protection and Permanency; or local office of the Division of Child Protection and Permanency, shall, where practicable, make at least one lactation room available, upon request, to any mother who is utilizing on-site services. The presence of any such lactation room shall not abrogate or otherwise limit the mother's right to breast feed her baby in public, as provided by section 2 of P.L.1997, c.101 (C.26:4B-4).
b. The department shall create signage that: (1) contains information about breast feeding; (2) affirms a mother's right to nurse in public, as provided by section 2 of P.L.1997, c.101 (C.26:4B-4); and (3) indicates that lactation rooms are being made available for the privacy and comfort of nursing mothers, pursuant to this act. Such signage shall be distributed directly to the various facilities identified in subsection a. of this section, and shall additionally be posted, in a printable format, on the department's Internet website. A facility that is required to provide a lactation room pursuant to subsection a. of this section shall display the signage prepared under this subsection in a clear and conspicuous manner in the facility's public waiting room, as well as in any lactation room that is made available pursuant to this act.
c. No later than one year after the effective date of this act, the department shall establish, and shall post at a publicly accessible location on its Internet website, a list of all facilities that have made lactation rooms available pursuant to this section. Thereafter, the department shall make regular updates to the list, as may be necessary to ensure that it reflects the most up-to-date information on the availability of lactation rooms in the State. The list established pursuant to this subsection shall additionally include a hyperlink to the reports on school lactation-related policies that have been posted on the Department of Education website in accordance with the provisions of section 3 of this act.
d. The department may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this section, including rules and regulations that establish guidelines for the location and placement of lactation rooms within a facility, and rules and regulations that establish training requirements for staff who are employed at a facility where a lactation room is required.
L.2019, c.242, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4C-3 - Reports.

26:4C-3 Reports.
3. a. Within one year following the effective date of this act, and on an annual basis thereafter, the Department of Education shall evaluate, and report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, on the lactation-related policies that have been implemented at schools, colleges, and universities in the State.
b. Each report submitted pursuant to this section shall: (1) summarize the applicable policies in this area; (2) indicate the number and percentage of policies that authorize access to a designated lactation room; and (3) indicate the manner in which such policies were communicated to students, parents, and guardians during the preceding school year.
c. Each report submitted pursuant to this section shall be posted at a publicly-accessible location on the Department of Education's Internet website.
L.2019, c.242, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5A-1 - Reports by physicians of cerebral palsy cases

26:5A-1. Reports by physicians of cerebral palsy cases
Every physician shall report each case of cerebral palsy now under his care, if his patient is under eighteen years of age, and all new cases of cerebral palsy, regardless of the age of the patient. The said reports shall be made to the local boards of health having jurisdiction over the territory within which the patients reside or are being treated.
The State Department of Health shall prescribe and furnish the forms on which the reports shall be made, and shall make and promulgate regulations pertaining thereto.
L.1950, c. 28, p. 58, s. 1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5B-2 - Legislative findings and declarations

26:5B-2. Legislative findings and declarations
The Legislature finds and declares: that hereditary disorders such as Cooley's anemia, cystic fibrosis, sickle cell anemia, hemophilia, Huntington's Disease, galactosemia and phenylketonuria often present a costly and tragic hardship for citizens of this State; that early detection of the disorders can alleviate some potentially harmful and disabling conditions; that hereditary disorders vary in their severity, with some having little effect and others having significant negative effect upon the normal functioning of individuals; that hereditary disorders also vary in their treatability, with some being subject to total or partial alleviation through medical intervention and treatment and others, currently, not being subject to any more than minimal alleviation; that medical knowledge concerning early identification and treatment of certain hereditary disorders is rapidly expanding; and that it is the policy of this State that in order to insure that standards for detection and treatment comply with the most recent medical knowledge and that the public is kept informed about these standards and the availability of treatment, it is necessary to establish an hereditary disorders program.
L.1981, c. 502, s. 2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5B-3 - Hereditary disorder defined

26:5B-3. Hereditary disorder defined
As used in this act "hereditary disorder" means any human ailment, disease or deformity resulting from a specific genetic condition and for which treatment is available, and includes Cooley's anemia, cystic fibrosis, sickle cell anemia, hemophilia, Huntington's Disease, and inborn errors of metabolism such as galactosemia and phenylketonuria.
L.1981, c. 502, s. 3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5B-4 - Duties of department of health

26:5B-4. Duties of department of health
The Department of Health, in consultation with appropriate professional advisory groups, shall:
a. Establish guidelines for the early identification of persons born with hereditary disorders and standards for testing for hereditary disorders in newborn infants;
b. Establish guidelines for the education and treatment of persons born with hereditary disorders;
c. Establish procedures for referral of persons with hereditary disorders and their families to medical treatment and financial assistance;
d. Institute and carry out an educational program among physicians, hospitals, public health departments and the public concerning hereditary disorders;
e. Consult with the Commissioner of Insurance in identifying arbitrary and unreasonable discrimination against persons with hereditary disorders and their families in insurance coverages;
f. Evaluate on a continuous basis the need for and efficacy of State programs for the treatment of persons with hereditary disorders;
g. Promulgate all rules and regulations necessary to carry out the purposes of this act.
L.1981, c. 502, s. 4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5B-5 - Findings, declarations relative to sickle cell anemia.

26:5B-5 Findings, declarations relative to sickle cell anemia.
9. The Legislature finds and declares that:
a. Sickle cell anemia is an inherited blood disorder characterized primarily by chronic anemia and periodic episodes of pain;
b. The clinical course of sickle cell anemia does not follow a single pattern, for the symptoms can range from mild to very severe;
c. Sickle cell anemia affects millions of people throughout the world but in this country affects approximately 72,000 people, according to the National Heart, Lung, and Blood Institute, most of whom are African-Americans and Hispanic-Americans of Caribbean ancestry;
d. Approximately two million Americans, or one in 12 African-Americans, carry the sickle cell trait; and the disease occurs in approximately one in 500 African-Americans and one in every 1,000-1,400 Hispanic-Americans;
e. All newborn infants born in New Jersey and in most other states are screened for sickle cell anemia; however, there is currently no known means of prevention or cure for the disease, although promising new methods of treatment have emerged from clinical studies in recent years, including drug therapy, bone marrow transplants from matched siblings, and umbilical cord blood transplants; and
f. There is a widespread need for information among those populations who are at greatest risk for carrying the sickle cell trait about the genetic risk factors associated with sickle cell anemia and the symptoms and treatment of the disease.
L.2011, c.210, s.9.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5B-6 - Availability of information about sickle cell anemia.

26:5B-6 Availability of information about sickle cell anemia.
10. a. The Department of Health, in consultation with the Medical Society of New Jersey and Rutgers, The State University, shall prepare, and make available on its Internet website, information in English and Spanish, which is designed to be easily understandable by the general public, about the genetic risk factors associated with, and the symptoms and treatment of, sickle cell anemia, in addition to any other information that the Commissioner of Health deems necessary for the purposes of this act. The department shall revise this information whenever new information about sickle cell anemia becomes available.
b. The department shall prepare an informational booklet in English and Spanish that contains the information posted on its website pursuant to subsection a. of this section, as funds become available for that purpose. The department shall make a supply of booklets available to all licensed health care facilities engaged in the diagnosis or treatment of sickle cell anemia, as well as to health care professionals, community health centers, members of the public, and social services agencies upon their request.
L.2011, c.210, s.10; amended 2012, c.17, s.341; 2012, c.45, s.118.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-2 - Legislative findings

26:5C-2. Legislative findings
The Legislature finds that:
a. The effective identification, diagnosis, care and treatment of persons who have contracted acquired immune deficiency syndrome, commonly known as "AIDS," is of paramount public importance;
b. AIDS is thought to be the result of a virus or other highly infectious agent which may be spread through bodily secretions, especially blood and semen, or through an as yet unidentified method of transmission;
c. The AIDS organism is responsible for the near total collapse of the body's immune system, resulting in the susceptibility to cancer and other fatal infections;
d. AIDS although first diagnosed in homosexual men is now striking so many groups such as drug users, hemophiliacs, persons who have received blood transfusions and Haitians, that its course is currently unpredictable;
e. The spread of AIDS may be impossible to stop because the AIDS organism can be dormant for months before it manifests symptoms and because the incubation period ranges from six months to two years;
f. People who have already been infected might not be aware of their exposure and may unknowingly infect hundreds more individuals;
g. Resultantly, the outbreak of AIDS has reached alarming proportions because of its highly contagious nature with New Jersey ranking fourth in the nation of the number of reported cases.
The Legislature further finds that researchers have no conclusive evidence regarding the detection, treatment, cure or prevention of AIDS; that many health care professionals are not yet familiar with the symptoms or treatment techniques of AIDS; that most victims are not aware that they have been exposed to AIDS and therefore infect others; that accordingly, the magnitude of the AIDS outbreak has not yet been realized.
Therefore, the Legislature declares that it is imperative that programs be established for diagnosing and treating persons who have been exposed to AIDS, referring AIDS victims and their families to sources of treatment and counseling, and providing an educational program to health care professionals to heighten their awareness of the latest diagnostic procedures and treatment. The Legislature further declares that a task force be established to coordinate the medical and social services needed by AIDS victims.
L.1984, c. 126, s. 2, eff. Aug. 8, 1984.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-3 - Programs to educate public, health care professionals and people in contact with AIDS victims, and of departmental and local support

26:5C-3. Programs to educate public, health care professionals and people in contact with AIDS victims, and of departmental and local support
The Commissioner of the State Department of Health shall establish:
a. A program to educate the public, which shall include a public information campaign encouraging persons who suspect exposure to AIDS to seek medical testing and counseling, and a Statewide telephone hotline to answer requests for information and referrals;
b. A program to educate health care professionals and others who are required to have contact with people who have contracted AIDS about the diagnosis and treatment of AIDS; and
c. Departmental and local support programs to provide early detection, counseling, social services, and referrals for those who suspect exposure to AIDS.
L.1984, c. 126, s. 3, eff. Aug. 8, 1984.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-4 - Resource center.

26:5C-4 Resource center.
4. Rutgers, The State University shall, in coordination with the State Department of Health and Senior Services, serve as a resource center and may offer diagnostic procedures, medical treatment, counseling, as well as any other services that may be necessary to assist AIDS victims and their families.
L.1984, c.126, s.4; amended 2012, c.45, s.116.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-5 - Definitions

26:5C-5. Definitions
As used in this act:
"AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control of the United States Public Health Service.
"Commissioner" means the Commissioner of Health.
"Department" means the Department of Health.
"Diagnosis and treatment" means services or activities carried out for the purpose of, or as an incident to, diagnosis, prevention and treatment of AIDS and HIV infection and includes interviewing and counseling.
"HIV infection" means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.
"HIV related illness" means an illness that may result from, or may be associated with, HIV infection.
"HIV related test" means any laboratory test or series of tests for any virus, antibody, antigen or etiologic agent thought to cause or to indicate the presence of AIDS.
"Identifying information" means the name, address, Social Security number, or similar information by which the identity of a person who has or is suspected of having AIDS or HIV infection may be determined with reasonable accuracy either directly or by reference to other publicly available information.
"Informed consent" means consent obtained pursuant to policies and procedures prescribed in 42 C.F.R. s. 2.31.
"Minor" means a person under the age of 12.
"Program" means either an individual or an organization furnishing diagnosis and treatment of AIDS and conditions related to HIV infection.
L.1989, c.303, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-6 - AIDS, HIV infection reported to Department of Health

26:5C-6. AIDS, HIV infection reported to Department of Health
All diagnosed cases of AIDS and all diagnosed cases of HIV infection shall be reported to the department along with the identifying information for the person diagnosed. However, the department may select up to six counseling and testing sites throughout the State to offer anonymous testing. These sites shall be required to report all diagnosed cases of AIDS and all diagnosed cases of HIV infection but shall not be required to request or report identifying information. The commissioner shall determine those individuals who shall be required to make the reports and the manner in which the report shall be made to the department.
L.1989, c.303, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-7 - Confidentiality of AIDS, HIV infection records, information

26:5C-7. Confidentiality of AIDS, HIV infection records, information
A record maintained by:
a. the department;
b. a local health department;
c. an organization pursuant to a contract with, grant from, or regulation by the department in connection with this act;
d. a provider of health care or a health care facility as defined by section 2 of P.L.1971, c.136 (C.26:2H-2);
e. a laboratory;
f. a blood bank;
g. a third-party payor; or
h. any other institution or person;
which contains identifying information about a person who has or is suspected of having AIDS or HIV infection is confidential and shall be disclosed only for the purposes authorized by this act.
L.1989, c.303, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-8 - Disclosure of AIDS, HIV records, information.

26:5C-8 Disclosure of AIDS, HIV records, information.
4. a. The content of a record referred to in section 3 of P.L.1989, c.303 (C.26:5C-7) may be disclosed in accordance with the prior written informed consent of the person who is the subject of the record or if the person is adjudicated incapacitated or deceased, in accordance with section 8 of P.L.1989, c.303 (C.26:5C-12).
b. If the prior written consent of the person who is the subject of the record is not obtained, the person's records shall be disclosed only under the following conditions:
(1) To qualified personnel for the purpose of conducting scientific research, but a record shall be released for research only following review of the research protocol by an Institutional Review Board constituted pursuant to federal regulation 45 C.F.R. s. 46.101 et seq. The person who is the subject of the record shall not be identified, directly or indirectly, in any report of the research and research personnel shall not disclose the person's identity in any manner.
(2) To qualified personnel for the purpose of conducting management audits, financial audits, or program evaluation, but the personnel shall not identify, directly or indirectly, the person who is the subject of the record in a report of an audit or evaluation, or otherwise disclose the person's identity in any manner. Identifying information shall not be released to the personnel unless it is vital to the audit or evaluation.
(3) To qualified personnel involved in medical education or in the diagnosis and treatment of the person who is the subject of the record. Disclosure is limited to only personnel directly involved in medical education or in the diagnosis and treatment of the person.
(4) To the department as required by State or federal law.
(5) As permitted by rules and regulations adopted by the commissioner for the purposes of disease prevention and control.
(6) In all other instances authorized by State or federal law.
L.1989, c.303, s.4; amended 2013, c.103, s.73.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-9 - Order of court to disclose record of AIDS, HIV infection

26:5C-9. Order of court to disclose record of AIDS, HIV infection
a. The record of a person who has or is suspected of having AIDS or HIV infection may be disclosed by an order of a court of competent jurisdiction which is granted pursuant to an application showing good cause therefor. At a good cause hearing the court shall weigh the public interest and need for disclosure against the injury to the person who is the subject of the record, to the physician-patient relationship, and to the services offered by the program. Upon the granting of the order, the court, in determining the extent to which a disclosure of all or any part of a record is necessary, shall impose appropriate safeguards to prevent an unauthorized disclosure.
b. A court may authorize disclosure of a person's record for the purpose of conducting an investigation of or a prosecution for a crime of which the person is suspected, only if the crime is a first degree crime and there is a reasonable likelihood that the record in question will disclose material information or evidence of substantial value in connection with the investigation or prosecution.
c. Except as provided in subsections a. and b. of this section, a record shall not be used to initiate or substantiate any criminal or civil charges against the person who is the subject of the record or to conduct any investigation of that person.
d. The court shall deny an application for disclosure of a person's record unless the court makes a specific finding that the program was afforded the opportunity to be represented at the hearing. A program operated by a federal, State or local government agency or department shall be represented at the hearing.
e. Nothing in this section shall be construed to authorize disclosure of any confidential communication which is otherwise protected by statute, court rule or common law.
L.1989, c.303, s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-10 - Limits on disclosure to continue

26:5C-10. Limits on disclosure to continue
The limits on disclosure set forth in this act shall continue to apply to a record relating to AIDS and HIV infection concerning a person who has been a patient or a participant in a program, whether that person remains a patient or participant or ceases to be a patient or participant.
L.1989, c.303, s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-11 - Disclosed record to be held confidential by recipient

26:5C-11. Disclosed record to be held confidential by recipient
Any record disclosed under this act shall be held confidential by the recipient of the record and shall not be released by said recipient unless the conditions of this act are met.
L.1989, c.303, s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-12 - Consent to disclose record of deceased, legally incapacitated person.

26:5C-12 Consent to disclose record of deceased, legally incapacitated person.
8. When consent is required for disclosure of the record of a deceased or legally incapacitated person who has or is suspected of having AIDS or HIV infection, consent may be obtained:
a. From an executor, administrator of the estate, or authorized representative of the legally incapacitated or deceased person;
b. From the person's spouse, domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), primary caretaking partner or, if none, by another member of the person's family; and
c. From the commissioner in the event that a deceased person has neither an authorized representative or next-of-kin.
L.1989, c.303, s.8; amended 2003, c.246, s.30; 2013, c.103, s.74.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-13 - Consent for disclosure of minor's record

26:5C-13. Consent for disclosure of minor's record
When consent is required for disclosure of the record of a minor who has or is suspected of having AIDS or HIV infection, consent shall be obtained from the parent, guardian, or other individual authorized under State law to act in the minor's behalf.
L.1989, c.303, s.9.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-14 - Civil actions permitted against violators

26:5C-14. Civil actions permitted against violators
a. A person who has or is suspected of having AIDS or HIV infection who is aggrieved as a result of a violation of this act may commence a civil action against the individual or institution who committed the violation to obtain appropriate relief, including actual damages, equitable relief and reasonable attorney's fees and court costs. Punitive damages may be awarded when the violation evidences wantonly reckless or intentionally malicious conduct by the person or institution who committed the violation.
b. Each disclosure made in violation of this act is a separate and actionable offense.
L.1989, c.303, s.10.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-15 - Definitions.

26:5C-15 Definitions.
1. As used in this act:
"AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control and Prevention of the United States Public Health Service.
"Commissioner" means the Commissioner of Health.
"Department" means the Department of Health.
"HIV" means the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.
L.1995, c.174, s.1; amended 2007, c.218, s.1; 2012, c.17, s.342.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-16 - Policy statement; information on HIV testing; guidelines for notification; confidentiality.

26:5C-16 Policy statement; information on HIV testing; guidelines for notification; confidentiality.
2. It is the policy of this State that: testing of all pregnant women for HIV shall be part of routine prenatal care; and, in the absence of a specific objection to the testing by the pregnant woman, all pregnant women shall be tested for HIV as early as possible in their pregnancy, and again during the third trimester of their pregnancy; testing of all pregnant women for HIV shall be voluntary and free of coercion; and a pregnant woman shall not be denied testing for HIV on the basis of her economic status.
a. (1) A physician or other health care practitioner who is the primary caregiver for a pregnant woman shall, in accordance with guidelines developed by the commissioner, provide the woman with information about HIV and AIDS, including an explanation of HIV infection and the meanings of positive and negative test results, and also inform the woman of the benefits of being tested for HIV as early as possible in the course of her pregnancy and a second time during the third trimester, the medical treatment available to treat HIV infection if diagnosed early, the reduced rate of transmission of HIV to a fetus if an HIV-infected pregnant woman receives treatment for HIV, and the interventions that are available to reduce the risk of transmission of HIV to the fetus and newborn. The information shall be provided orally or in writing, and the woman shall be offered an opportunity to ask questions.
The physician or other health care practitioner shall also advise the woman that HIV testing is recommended for all pregnant women both early in their pregnancy and during the third trimester, and that she will receive HIV tests as part of the routine panel of prenatal tests unless she specifically declines to be tested for HIV.
If a woman declines to be tested for HIV, the declination shall be documented in her medical record. A woman shall not be denied appropriate prenatal or other medical care because she declines to be tested for HIV.
(2) A pregnant woman, who presents herself for delivery and has not been tested for HIV during the course of her pregnancy, shall be given the information specified in paragraph (1) of this subsection as soon as may be medically appropriate and, unless she declines to be tested for HIV after receiving that information, shall be tested for HIV as soon as may be medically appropriate.
b. The commissioner shall establish guidelines regarding notification to a woman whose test result is positive, and to provide, to the maximum extent possible, for counseling about the significance of the test result.
c. Information about a woman which is obtained pursuant to this section shall be held confidential in accordance with the provisions of P.L.1989, c.303 (C.26:5C-5 et seq.).
L.1995,c.174,s.2; amended 2007, c.218, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-17 - Fees

26:5C-17. Fees
3. If a test sample taken pursuant to section 2 of this act is analyzed in the department's laboratory, the department may charge a reasonable fee for the test. The amount of the fee and the procedures for collecting the fee shall be established by the commissioner.
L.1995,c.174,s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-18 - Action due to unauthorized disclosure

26:5C-18. Action due to unauthorized disclosure
4. A woman who has or is suspected of having AIDS or HIV infection may pursue an action against a person who makes an unauthorized disclosure of any information concerning the woman's positive test result for the presence of antibodies to HIV which is obtained pursuant to section 2 of this act, in accordance with the provisions of section 10 of P.L.1989, c.303 (C.26:5C-14).
L.1995,c.174,s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-20 - Rules, regulations.

26:5C-20 Rules, regulations.
6. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effect this act. The regulations shall be consistent with the latest recommendations for HIV testing of pregnant women prepared by the United States Centers for Disease Control and Prevention.
L.1995,c.174,s.6; amended 2007, c.218, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-21 - Definitions relative to HIV testing by semen banks.

26:5C-21 Definitions relative to HIV testing by semen banks.
1. As used in this act:
"HIV" means the human immunodeficiency virus which has been identified as the probable causative agent of acquired immune deficiency syndrome, or AIDS.
"HIV test" means a laboratory test designed to detect the presence of HIV, its related antigens, or antibodies to HIV.
"Semen bank" means a commercial or noncommercial activity involving the handling of human semen which participates in the collection, processing, storage or distribution of semen.
L.1997,c.246,s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-22 - HIV test on potential semen donor; consent; payment; notification.

26:5C-22 HIV test on potential semen donor; consent; payment; notification.
2. a. A semen bank shall perform an HIV test on a potential donor prior to that person donating semen and shall freeze all donated semen for a waiting period of at least six months, in accordance with standards adopted by the United States Centers for Disease Control and Prevention.
b. A semen bank shall perform the HIV test only after the donor has provided written informed consent according to standards adopted by the Commissioner of Health. A donor who refuses to provide written informed consent to an HIV test or tests positive for HIV shall not be permitted to donate semen.
c. The cost of the HIV test shall be borne by the recipient of the donation.
d. The Commissioner of Health shall establish procedures for notification by a semen bank to donors of screening results and referrals to appropriate counseling and health care services as necessary.
L.1997, c.246, s.2; amended 2012, c.17, s.343.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-23 - Violations, penalty.

26:5C-23 Violations, penalty.
3. A semen bank which violates any provision of this act is guilty of a disorderly persons offense and is liable to a penalty of not more than $1,000 for each offense.
L.1997,c.246,s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-24 - Rules, regulations.

26:5C-24 Rules, regulations.
4. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
L.1997, c.246, s.4; amended 2012, c.17, s.344.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:5C-26.1 - Definitions.

26:5C-26.1 Definitions.
1. As used in P.L.2006, c.99 (C.26:5C-25 et al.):
"Authorized harm reduction services" means a suite of harm reduction services, approved by the Department of Health and provided in a manner that is consistent with State and federal law, which services shall include, but shall not be limited to: syringe access, syringe disposal, referrals to health and social services, harm reduction counseling and supplies including, but not limited to, fentanyl test strips, and HIV and hepatitis C testing.
"Eligible entity" means a federally qualified health center, a public health agency, a substance use disorder treatment program, an AIDS service organization, or another entity with the capacity to provide harm reduction services as determined by the Department of Health.
"Harm reduction supplies" means any materials or equipment designed to identify or analyze the presence, strength, effectiveness, or purity of controlled dangerous substances or controlled substance analogs, including, but not limited to, fentanyl test strips; opioid antidotes and associated supplies; and any other materials or equipment that may be used to prevent, reduce or mitigate the harms of disease transmission, overdose, and other harms associated with personal drug use as are designated through rules prescribed by the Commissioners of Health or Human Services.
L.2021, c.396, s.1; amended 2023, c.177, s.86.