reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-37 - Disinterments; when allowed; permits

26:6-37. Disinterments; when allowed; permits
No dead body shall be disinterred or removed from any grave, tomb or burial place within this State except by direction of a competent court of this State for the purpose of criminal investigation or upon permit being given therefor by the local board in the locality where the body is interred or entombed.
Amended by L.1965, c. 78, s. 22.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-38 - Disinterment of bodies of persons dying of communicable disease

26:6-38. Disinterment of bodies of persons dying of communicable disease
No dead body of a person who has died of smallpox, cholera, yellow fever, typhus fever, plague, or from any disease publicly declared by the State department to be communicable, shall be disinterred or removed from any grave, tomb, vault or place within this State unless the body was originally interred in a metallic case, hermetically sealed, and then only by the order of and under the direction of the local board within whose jurisdiction the body was buried.
The requirement as to the use of a metallic case shall not apply where the body has been embalmed prior to burial and buried or interred 3 years or more.
Amended by L.1965, c. 78, s. 23.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-39 - Bodies in receiving vaults

26:6-39. Bodies in receiving vaults
No unembalmed dead body shall be permitted to remain longer than 48 hours in a receiving vault in this State, the depth of which is less than 5 feet below the natural surface of the ground. This section shall not apply to properly constructed receiving vaults which prevent the escape of noxious and unhealthy gases.
Amended by L.1965, c. 78, s. 24.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-40 - Powers of municipal authorities and local board

26:6-40. Powers of municipal authorities and local board
The municipal authorities or local board or their properly authorized agents may at all times enter any cemetery or burial ground within the limits of their jurisdiction, examine into the condition of the same, and ascertain whether the laws regulating it are duly observed.
Amended by L.1965, c. 78, s. 25.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-41 - Violations; punishment

26:6-41. Violations; punishment
Any person violating any of the provisions of this article or the person in charge of or exercising control over any cemetery or burial ground in this State who knowingly permits or suffers such violation, shall be punished by a fine not exceeding $300.00 or by imprisonment for 6 months, or both.
Amended by L.1965, c. 78, s. 26.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-49 - Amount; recovery

26:6-49. Amount; recovery
Except as otherwise specifically provided in this chapter, any person violating any provision of this chapter, or falsifying any certificate or record established by this chapter, or failing or refusing to perform any duty required by this chapter, shall be subject to a penalty of not less than $50.00 nor more than $100.00 for each offense.
Such penalties shall be recovered in a civil action in the name of the State department or local board in any court of competent jurisdiction including the municipal court.
Amended by L.1953, c. 26, p. 479, s. 53; L.1965, c. 78, s. 31.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-50 - Persons who may consent to examination.

26:6-50 Persons who may consent to examination.
1. Any physician licensed to practice medicine and surgery in this State may conduct a post-mortem and necroscopic examination upon the body of a deceased person if he first obtains the consent in writing of any of the following persons who shall have assumed responsibility and custody of the body for purposes of the burial: surviving spouse, domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), adult child, parent, or other next of kin, of the deceased person. In the absence of any of the foregoing named persons any other person charged by law with and who shall have assumed responsibility and custody of the body for the burial may give such consent. Where 2 or more of the abovementioned have assumed such responsibility and custody of the body for purposes of burial, the consent of 1 of such persons shall be sufficient.
L.1954,c.113,s.1; amended 2003, c.246, s.31.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-58.4 - Findings, declarations

26:6-58.4. Findings, declarations
1. The Legislature finds and declares that: there is a need to increase the number of suitable organs recovered and transplanted in New Jersey, and that toward that end, and in the interest of cost-effective health care delivery, medical professionals and technicians should be trained as transplant recovery specialists and should be enabled to perform the recovery of human body parts within licensed hospitals, independent of physician supervision. Recovery and transplantation will be further increased by the requirement that acute care hospitals provide federally designated organ procurement organizations with information concerning each death, and the accompanying medical information necessary for the organization to complete an audit in accordance with federal law.
L.1995,c.257,s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-58.5 - Transplant recovery technician's recovery of human body part.

26:6-58.5 Transplant recovery technician's recovery of human body part.
6. A technician as defined in section 2 of P.L.2008, c.50 (C.26:6-78) may recover a human body part for any purpose specified in P.L.2008, c.50 (C.26:6-77 et al.). A physician shall not be required to be present during the recovery procedure. Nothing in this section shall be construed to limit a physician or other person authorized by law to recover human body parts pursuant to law.
L.1995, c.257, s.6; amended 2008, c.50, s.23.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-58.6 - Medical record reviews by procurement organization

26:6-58.6. Medical record reviews by procurement organization
7. An organ procurement organization may perform ongoing medical record reviews of all deaths occurring in an acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), for the purpose of determining body part donation potential by hospital.
L.1995,c.257,s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-60.2 - Maintenance of records by hospital relative to anatomical gifts.

26:6-60.2 Maintenance of records by hospital relative to anatomical gifts.
2. A hospital shall maintain, as part of a patient's permanent record, the information required under this act and any other pertinent information concerning the anatomical gift which will facilitate the discharge of the patient's wishes in the event of the patient's death.
L.1985,c.284,s.2; amended 2001, c.87, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-67 - Findings, declarations relative to organ and tissue donation initiatives.

26:6-67 Findings, declarations relative to organ and tissue donation initiatives.
2. The Legislature finds and declares that:
a. For over three decades, the State of New Jersey has supported organ and tissue donation as a public policy, because one individual can save up to eight lives by donating his or her vital organs and enhance more than 50 lives by donating tissue;
b. Although 95% of the national population indicates support for donation, a far smaller percentage have actually made a legally binding decision to be organ and tissue donors, the result of which has been the deaths of over 74,186 people nationally and 2,470 New Jersey residents since 1997 because life-saving organs were not available to them for transplant;
c. A public policy supporting organ donation is no longer adequate, given the health crisis faced by more than 98,000 people awaiting life saving organ transplants nationally, of whom more than 4,000 are New Jersey residents;
d. A new public policy of advocacy which encourages positive donation decisions is now imperative in order to save more lives;
e. The health and welfare of New Jersey's residents requires a more dynamic, comprehensive framework regarding organ donation, one with mandated educational and decisional components;
f. This comprehensive framework must incorporate the federal government's charge to organ procurement organizations to work with states in educating the public so that more individuals make positive donation decisions and document those decisions;
g. In order to insure that more New Jersey residents become donors, it is necessary to provide curriculum in both secondary schools and institutions of higher education, as well as establish educational requirements for physicians and nurses, to dispel myths associated with organ donation, provide accurate information about the donation and recovery process, and emphasize the fundamental responsibility of individuals to take appropriate action, when able to do so, to help save another person's life;
h. It is further necessary to provide residents with an accessible, secure means using the Internet, to register as organ donors in a way that ties the donation decision to a routine but necessary function, such as the receipt of a driver's license or personal identification card, so that an interaction on the issue of organ donation occurs at or around the time New Jersey residents reach the age of majority; and
i. The combined initiatives provided for in this act will effectively achieve the State's public policy goal to increase the number of organ and tissue donors in the State so that more lives can be saved or enhanced.
L.2008, c.48, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-69 - Standards for anatomical research recovery organization.

26:6-69 Standards for anatomical research recovery organization.
2. It is the public policy of this State to safeguard the health and well-being of its citizens, and to ensure the respectful and consensual disposition and use of human bodies and parts donated for education, research, and the advancement of medical, dental, or mortuary science. The need for and use of such anatomical gifts for education, research, and the advancement of medical, dental, or mortuary science is of sufficient frequency so as to require that minimum standards for anatomical research recovery organizations be established.
L.2008, c.49, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-70 - Definitions relative to anatomical gifts for educational and research use.

26:6-70 Definitions relative to anatomical gifts for educational and research use.
3. As used in this act:
"Anatomical research recovery organization" means a nonprofit corporation engaged in the recovery of a human body or part donated for education, research, or the advancement of medical, dental, or mortuary science pursuant to P.L.1969, c.161 (C.26:6-57 et seq.) or any subsequent statute adopted pursuant thereto, where part or all of the recovery takes place in this State. Anatomical research recovery organization shall not include an accredited institution of higher education in this State that uses an anatomical gift for its own educational or research purposes and is not engaged in the distribution of a human body or part to another person or entity.
"Commissioner" means the Commissioner of Health.
"Department" means the Department of Health.
"Distribution" means the removal of a human body or part from a storage location to any other location for educational or research use, or the advancement of medical, dental, or mortuary science.
"Education" means the use of the whole body or parts for purposes of teaching or training individuals, including medical or dental professionals and students, with regard to the anatomy and characteristics of the human body.
"Human body part" or "part" means organs, tissues, eyes, bones, blood vessels, and any other portions of a deceased human body which are subject to an anatomical gift pursuant to P.L.1969, c.161 (C.26:6-57) or any subsequent statute adopted pursuant thereto, but does not include blood collected pursuant to P.L.1945, c.301 (C.26:2A-1).
"Recovery" means the obtaining of a human body or part, including, but not limited to, determining or obtaining consent or authorization for donation of the human body or part, performing surgical or other technical procedures for recovering the body or part, and processing the body or part. Recovery does not include actions taken by a medical examiner or coroner as part of his professional duties.
"Research" means the conduct of scientific testing and observation designed to result in the acquisition of generalizable knowledge. Research does not include an autopsy or other investigation conducted for the purpose of obtaining information related to the decedent.
L.2008, c.49, s.3; amended 2012, c.17, s.346.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-71 - Registration as anatomical research recovery organization.

26:6-71 Registration as anatomical research recovery organization.
4. a. No person shall engage in the recovery of a human body or part donated in this State for education, research, or the advancement of medical, dental, or mortuary science pursuant to P.L.1969, c.161 (C.26:6-57 et seq.) or any subsequent statute adopted pursuant thereto, unless the person is registered as an anatomical research recovery organization with the Department of Health pursuant to this act.
The registration required pursuant to this act shall be in addition to any license or permit required by a local board of health, other local health agency, or any State or federal agency.
b. The registration shall be valid for a one-year period and may be renewed subject to compliance with the requirements of this act. The commissioner shall establish such registration and renewal fees as may be reasonable and necessary to carry out the purposes of this act.
c. The commissioner may enter and inspect the premises of any anatomical research recovery organization and the books and records as is reasonably necessary to carry out the provisions of this act.
L.2008, c.49, s.4; amended 2012, c.17, s.347.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-72 - Requirements for operating as an anatomical research recovery organization.

26:6-72 Requirements for operating as an anatomical research recovery organization.
5. An anatomical research recovery organization operating in this State shall demonstrate compliance with the following requirements:
a. A physician licensed in this State or the state in which the organization is incorporated shall serve as medical director, and shall be responsible for ensuring compliance with the provisions of this act, the hiring of qualified personnel, and the maintenance of records required under this act.
b. The organization shall be a federally tax-exempt nonprofit corporation.
c. The organization shall create, compile, or maintain a complete record on each donor from which it recovers a human body or part for educational or research purposes or the advancement of medical, dental or mortuary science, which shall include, at a minimum:
(1) documentation that the donor has designated the anatomical gift for educational or research purposes or for the advancement of medical, dental, or mortuary science, as specified in section 3 of P.L.1969, c.161 (C.26:6-59) or any subsequent statute adopted pursuant thereto. The documentation may be in the form of a signed document of gift, or verifiable documentation that taped telephonic consent has been obtained;
(2) documentation of the identity and address of each entity which has been in possession of the human body or part prior to the organization, such as a funeral home, coroner, hospital, organ procurement organization, or tissue bank; and
(3) documentation of the use and disposition of each human body or part, including the name and address of each person who receives a human body or part directly from the organization.
L.2008, c.49, s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-73 - Violation.

26:6-73 Violation.
6. It shall be a violation of this act for any person to obstruct, hinder, delay or interfere, by force or otherwise, with the performance by the commissioner of any duty under the provisions of this act.
L.2008, c.49, s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-74 - Powers of commissioner relative to violations.

26:6-74 Powers of commissioner relative to violations.
7. If the commissioner has reason to believe that a condition exists or has occurred at an anatomical research recovery organization in violation of the provisions of this act, which is dangerous to the public health, he may order the organization to correct the violation and may immediately suspend the registration of the organization until the correction is completed. If a registrant denies that a violation exists or has occurred, the registrant shall have the right to apply to the commissioner for a hearing. The hearing shall be held and a decision rendered within 48 hours of the receipt of the request. If the commissioner rules against the registrant, the registrant may apply to a court of competent jurisdiction for injunctive relief against the commissioner's order.
L.2008, c.49, s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-75 - Violations, penalties.

26:6-75 Violations, penalties.
8. a. Any person who violates the provisions of this act or an order of the commissioner shall be liable for the first offense to a penalty of not more than $1,000, and for the second and each succeeding offense for a penalty of not more than $5,000. The penalties shall be sued for and collected in a summary proceeding in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
b. In addition to any civil penalties provided under this section, the commissioner may suspend or revoke a registration made pursuant to this act for a violation of any provision of this act.
c. Except as provided in section 7 of this act, before denying to grant or renew a registration, or suspending or revoking a registration, pursuant to this act, the commissioner shall provide notice of the denial, revocation, or suspension, together with a specification of charges to the applicant or registrant, personally or by certified mail to the address of record, and the notice shall set forth the particular reasons for the denial, suspension, or revocation. The denial, suspension, or revocation shall become effective 30 days after mailing, unless the applicant or registrant, within the 30-day period, meets the requirements of the department or files with the department a written answer to the charges and gives written notice to the department of its desire for a hearing, in which case the denial, suspension, or revocation may be held in abeyance until the hearing has been concluded and a final decision rendered by the commissioner.
The commissioner shall afford the applicant or registrant an opportunity for a prompt hearing on the question of the granting, suspension, or revocation of the registration. The procedure governing the hearing shall be in accordance with the rules and regulations of the department. Either party may be represented by counsel of its own choosing, and has the right to subpoena witnesses and to compel their attendance on forms furnished by the department. The commissioner shall render a written decision stating conclusions and reasons therefor.
L.2008, c.49, s.8.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-76 - Rules, regulations.

26:6-76 Rules, regulations.
9. The commissioner shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act. The regulations may specify qualifications for personnel, including the medical director, employed at an anatomical research recovery organization and standards related to recovery of human bodies or parts.
L.2008, c.49, s.9.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-77 - Short title.

26:6-77 Short title.
1. a. This act shall be known and may be cited as the "Revised Uniform Anatomical Gift Act."
b. Whenever the term "Uniform Anatomical Gift Act" occurs or any reference is made thereto in any law, contract or document, the same shall be deemed to mean or refer to the "Revised Uniform Anatomical Gift Act."
L.2008, c.50, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-79 - Applicability of act.

26:6-79 Applicability of act.
3. The provisions of this act shall apply to an anatomical gift, or an amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
L.2008, c.50, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-80 - Anatomical gift by living donor.

26:6-80 Anatomical gift by living donor.
4. Subject to the provisions of section 8 of P.L.2008, c.50 (C.26:6-84), an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 5 of P.L.2008, c.50 (C.26:6-81) by:
a. the donor, if the donor is an adult, or if the donor is a minor 14 years of age or older, whether or not the minor is emancipated;
b. an agent of the donor, unless the advance directive for health care or other record prohibits the agent from making an anatomical gift;
c. a parent of the donor, if the donor is an unemancipated minor; or
d. the donor's guardian.
An anatomical gift made by a minor donor shall remain valid when the minor reaches 18 years of age.
L.2008, c.50, s.4; amended 2017, c.377, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-81 - Procedure for donor to make anatomical gift.

26:6-81 Procedure for donor to make anatomical gift.
5. a. A person may make an anatomical gift and thereby become a donor:
(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(2) in a will;
(3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom shall be a disinterested witness; or
(4) as provided in subsection b. of this section.
b. A donor or other person authorized to make an anatomical gift pursuant to section 4 of this act may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry.
If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall:
(1) be witnessed by at least two adults, at least one of whom shall be a disinterested witness, who have signed at the request of the donor or other person; and
(2) state that it has been signed and witnessed as provided in paragraph (1) of this subsection.
c. The revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated shall not invalidate the gift.
d. An anatomical gift made by will shall take effect upon the donor's death, whether or not the will is probated. Invalidation of the will after the donor's death shall not invalidate the gift.
L.2008, c.50, s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-82 - Amendment, revocation of anatomical gift by donor.

26:6-82 Amendment, revocation of anatomical gift by donor.
6. a. Subject to the provisions of section 8 of this act, a donor or other person authorized to make an anatomical gift pursuant to section 4 of this act may amend or revoke an anatomical gift by:
(1) a record signed by:
(a) the donor or other person; or
(b) subject to the provisions of subsection b. of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
b. A record signed pursuant to subparagraph (b) of paragraph (1) of subsection a. of this section shall:
(1) be witnessed by at least two adults, at least one of whom shall be a disinterested witness, who have signed at the request of the donor or other person; and
(2) state that it has been signed and witnessed as provided in paragraph (1) of this subsection.
c. Subject to the provisions of section 8 of this act, a donor or other person authorized to make an anatomical gift pursuant to section 4 of this act may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
d. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom shall be a disinterested witness.
e. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection a. of this section.
L.2008, c.50, s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-83 - Refusal to make anatomical gift.

26:6-83 Refusal to make anatomical gift.
7. a. A person may refuse to make an anatomical gift of the person's body or part by:
(1) a record signed by:
(a) the person; or
(b) subject to subsection b. of this section, another individual acting at the person's direction if the person is physically unable to sign;
(2) the person's will, whether or not the will is admitted to probate or invalidated after the person's death; or
(3) any form of communication made by the person during the person's terminal illness or injury addressed to at least two adults, at least one of whom shall be a disinterested witness.
b. A record signed pursuant to subparagraph (b) of paragraph (1) of subsection a. of this section shall:
(1) be witnessed by at least two adults, at least one of whom shall be a disinterested witness, who have signed at the request of the person who is making a refusal; and
(2) state that it has been signed and witnessed as provided in paragraph (1) of this subsection.
c. A person who has made a refusal may amend or revoke the refusal:
(1) in the manner provided in subsection a. of this section for making a refusal;
(2) by subsequently making an anatomical gift that is inconsistent with the refusal; or
(3) by destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
d. Except as otherwise provided in subsection h. of section 8 of this act, in the absence of an express, contrary indication by the person set forth in the refusal, a person's unrevoked refusal to make an anatomical gift of the person's body or part shall preclude another individual from making an anatomical gift of the person's body or part.
L.2008, c.50, s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-84 - Person other than donor prohibited from making anatomical gift, exceptions.

26:6-84 Person other than donor prohibited from making anatomical gift, exceptions.
8. a. In the absence of an express, contrary indication by the donor, a person other than the donor shall be prohibited from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part or an amendment to an anatomical gift of the donor's body or part.
b. A donor's revocation of an anatomical gift pursuant to section 6 of this act shall not be deemed to be a refusal and shall not preclude another person as specified in section 4 or section 9 of this act from making an anatomical gift of the donor's body or part.
c. If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part pursuant to section 5 of this act or an amendment to an anatomical gift of the donor's body or part pursuant to section 6 of this act, another person shall not make, amend, or revoke the gift of the donor's body or part.
d. A revocation of an anatomical gift by a person other than the donor pursuant to section 6 of this act shall not preclude another person from making an anatomical gift of the body or part.
e. In the absence of an express, contrary indication by a donor or other person authorized to make an anatomical gift under this act, an anatomical gift of a part shall not be deemed to be a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or other person.
f. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under this act, an anatomical gift of a part for any of the purposes set forth in section 4 of this act shall not be deemed to limit the making of an anatomical gift of the part for any of those other purposes by the donor or other person.
g. Notwithstanding the provisions of this section to the contrary, in the event of the death of a donor who is an unemancipated minor, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
h. In the event of the death of an unemancipated minor who has signed a refusal, a parent of the minor who is reasonably available may revoke the minor's refusal.
L.2008, c.50, s.8.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-86.1 - Findings, declarations relative to anatomical gifts.

26:6-86.1 Findings, declarations relative to anatomical gifts.
1. The Legislature finds and declares that:
a. A mental or physical disability does not diminish a person's right to health care;
b. The "Americans with Disabilities Act of 1990" prohibits discrimination against persons with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical health care services;
c. Individuals with mental and physical disabilities have been denied life-saving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with complex post-transplant medical regimens, or that they lack adequate support systems to ensure such compliance;
d. Although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in the Medicare and Medicaid programs are required to use patient selection criteria that result in a fair and non-discriminatory distribution of organs; and
e. New Jersey residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.
L.2013, c.80, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-86.2 - Eligibility to receive anatomical gift.

26:6-86.2 Eligibility to receive anatomical gift.
2. a. An individual who is a candidate to receive an anatomical gift shall not be deemed ineligible to receive an anatomical gift solely because of the individual's physical or mental disability, except to the extent that the physical or mental disability has been found by a physician or surgeon, following an individualized evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. If an individual has the necessary support system to assist the individual in complying with post-transplant medical requirements, an individual's inability to independently comply with those requirements shall not be deemed to be medically significant. The provisions of this subsection shall apply to each part of the organ transplant process.
b. The court shall accord priority on its calendar and expeditiously proceed with an action brought to seek any remedy authorized by law for purposes of enforcing compliance with the provisions of this section.
c. The provisions of this section shall not be deemed to require referrals or recommendations for, or the performance of, medically inappropriate organ transplants.
d. As used in this section, "disability" has the same meaning as in the federal "Americans with Disabilities Act of 1990," Pub. L.101-336 (42 U.S.C. 12101 et seq.).
L.2013, c.80, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-87 - Search for potential donor, document of refusal; permitted entities.

26:6-87 Search for potential donor, document of refusal; permitted entities.
11. a. Upon the request of an organ procurement organization, the following persons shall make a reasonable search of an individual who the person reasonably believes is dead or whose death is imminent for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and
(2) if no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.
b. If a document of gift or a refusal to make an anatomical gift is located by the search required pursuant to subsection a. of this section, the person responsible for conducting the search shall make the document of gift or refusal immediately available to the organ procurement organization.
c. A person shall not be subject to criminal or civil liability, but may be subject to administrative sanctions, for a failure to discharge the duties imposed pursuant to this section.
L.2008, c.50, s.11.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-88 - Delivery of document of gift or a refusal.

26:6-88 Delivery of document of gift or a refusal.
12. a. A document of gift need not be delivered during the donor's lifetime to be effective.
b. Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to whom the gift may pass pursuant to section 10 of this act.
L.2008, c.50, s.12.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-90 - Notification of death to procurement organization.

26:6-90 Notification of death to procurement organization.
14. A person who seeks to facilitate the making of an anatomical gift, for the purposes of transplantation or therapy, from a decedent who was not a hospital patient at the time of death shall notify the procurement organization at or around the time of the person's death in order to allow the organization to at least initially evaluate the potential donation and coordinate the donation process, as applicable.
L.2008, c.50, s.14.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-91 - Immunity from liability.

26:6-91 Immunity from liability.
15. a. A person or entity shall be immune from liability for actions taken in accordance with, or in a good faith attempt to act in accordance with, the provisions of this act or the applicable anatomical gift law of another state.
b. Neither the person making an anatomical gift nor the donor's estate shall be liable for any injury or damage that results from the making or use of the gift.
c. In determining whether an anatomical gift has been made, amended, or revoked pursuant to this act, a person or entity shall rely upon representations made by an individual as specified in section 9 of this act relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
L.2008, c.50, s.15.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-92 - Valid document of gift.

26:6-92 Valid document of gift.
16. a. A document of gift shall be valid if executed in accordance with:
(1) the provisions of this act;
(2) the laws of the state or country in which it is executed; or
(3) the laws of the state or country in which the person making the anatomical gift is domiciled, has a place of residence, or is a citizen at the time that the document of gift is executed.
b. The law of this State shall govern the interpretation of a valid document of gift to which the provisions of this act apply.
c. A person shall presume that a document of gift or amendment of an anatomical gift is valid unless the person knows that it was not validly executed or was revoked.
L.2008, c.50, s.16.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-93 - Requirements relative to donations from individuals having an advance directive.

26:6-93 Requirements relative to donations from individuals having an advance directive.
17. If a hospital patient who is a prospective donor has executed an advance directive for health care, or has otherwise specified by record the circumstances under which the patient would want life support to be withheld or withdrawn from that person, and the terms of the advance directive or other record are in conflict with the option of making an anatomical gift by precluding the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the following requirements shall apply:
a. If the patient is determined to have decision making capacity pursuant to the provisions of P.L.1991, c.201 (C.26:2H-53 et seq.), then the patient shall, after consultation with the patient's attending physician about the donor option and all other relevant factors in end-of-life decision making, make a determination concerning the withholding or withdrawing of treatment pursuant to existing law;
b. If the patient is determined to lack decision making capacity pursuant to section 8 of P.L.1991, c.201 (C.26:2H-60), then an agent acting pursuant to the patient's advance directive or other record or, if no such agent has been designated by the patient or the agent is not reasonably available, another person authorized by law other than this act to make decisions on behalf of the patient with regard to the patient's health care shall act for the patient to resolve the conflict.
The parties specified in this subsection shall seek to resolve the conflict as set forth therein as expeditiously as possible. Information relevant to the resolution of the conflict shall be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the patient pursuant to section 9 of this act.
Measures necessary to ensure the medical suitability of the part shall not be withheld or withdrawn from the patient prior to resolution of the conflict if the withholding or withdrawing is not contraindicated by the requirements of providing appropriate end-of-life care.
L.2008, c.50, s.17.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-94 - Cooperation of medical examiner with procurement organization.

26:6-94 Cooperation of medical examiner with procurement organization.
18. a. Each medical examiner shall cooperate with any procurement organization to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.
b. A part shall not be removed from the body of a decedent under a medical examiner's jurisdiction for transplantation, therapy, research, or education, nor delivered to a person for research or education, unless the part is the subject of an anatomical gift. The provisions of this section shall not be construed to preclude a medical examiner from performing an investigation as provided in P.L.2018, c.62 (C.26:6B-1 et al.) of a decedent under the medical examiner's jurisdiction.
c. Upon the request of a procurement organization, the medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the medical examiner's jurisdiction. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, the medical examiner shall release the post-mortem examination results to the procurement organization. The procurement organization shall make a subsequent disclosure of the post-mortem examination results or other information received from the medical examiner only if relevant to transplantation, therapy, research, or education.
L.2008, c.50, s.18; amended 2018, c.62, s.29.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6-96 - Acts modified, limited, superseded.

26:6-96 Acts modified, limited, superseded.
20. This act shall be deemed to modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s.7001 et seq., but not to modify, limit, or supersede Section 101(a) of that act, 15 U.S.C. s.7001(a), or to authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. s.7003(b).
L.2008, c.50, s.20.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6A-1 - Short title; declarations in accord with act

26:6A-1. Short title; declarations in accord with act
a. This act shall be known and may be cited as the "New Jersey Declaration of Death Act."
b. The death of an individual shall be declared in accordance with the provisions of this act.
L.1991,c.90,s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6A-2 - Declaration of death based on cardio-respiratory criteria

26:6A-2. Declaration of death based on cardio-respiratory criteria
An individual who has sustained irreversible cessation of all circulatory and respiratory functions, as determined in accordance with currently accepted medical standards, shall be declared dead.
L.1991,c.90,s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6A-3 - Declaration of death based on neurological criteria

26:6A-3. Declaration of death based on neurological criteria
Subject to the standards and procedures established in accordance with this act, an individual whose circulatory and respiratory functions can be maintained solely by artificial means, and who has sustained irreversible cessation of all functions of the entire brain, including the brain stem, shall be declared dead.
L.1991,c.90,s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6A-4 - Physician to declare death.

26:6A-4 Physician to declare death.
4. a. A declaration of death upon the basis of neurological criteria pursuant to section 3 of this act shall be made by a licensed physician professionally qualified by specialty or expertise, based upon the exercise of the physician's best medical judgment and in accordance with currently accepted medical standards that are based upon nationally recognized sources of practice guidelines, including, but not limited to, those adopted by the American Academy of Neurology.
b. Subject to the provisions of this act, the Department of Health, jointly with the State Board of Medical Examiners, shall adopt, and from time to time revise, regulations setting forth requirements, by specialty or expertise, for physicians authorized to declare death upon the basis of neurological criteria. The regulations shall not require the use of any specific test or procedure in the declaration of death upon the basis of neurological criteria.
c. If the individual to be declared dead upon the basis of neurological criteria is or may be an organ donor, the physician who makes the declaration that death has occurred shall not be the organ transplant surgeon, the attending physician of the organ recipient, or otherwise an individual subject to a potentially significant conflict of interest relating to procedures for organ procurement.
d. If death is to be declared upon the basis of neurological criteria, the time of death shall be upon the conclusion of definitive clinical examinations and any confirmation necessary to determine the irreversible cessation of all functions of the entire brain, including the brain stem.
L.1991, c.90, s.4; amended 2013, c.185.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6A-5 - Death not declared in violation of individual's religious beliefs

26:6A-5. Death not declared in violation of individual's religious beliefs
The death of an individual shall not be declared upon the basis of neurological criteria pursuant to sections 3 and 4 of this act when the licensed physician authorized to declare death, has reason to believe, on the basis of information in the individual's available medical records, or information provided by a member of the individual's family or any other person knowledgeable about the individual's personal religious beliefs that such a declaration would violate the personal religious beliefs of the individual. In these cases, death shall be declared, and the time of death fixed, solely upon the basis of cardio-respiratory criteria pursuant to section 2 of this act.
L.1991,c.90,s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6A-6 - Immunity granted to health care practitioner, provider, hospital

26:6A-6. Immunity granted to health care practitioner, provider, hospital
A licensed health care practitioner, hospital, or the health care provider who acts in good faith and in accordance with currently accepted medical standards to execute the provisions of this act and any rules or regulations issued by the Department of Health or the Board of Medical Examiners pursuant to this act, shall not be subject to criminal or civil liability or to discipline for unprofessional conduct with respect to those actions. These immunities shall extend to conduct in conformity with the provisions of this act following enactment of this act but prior to its effective date.
L.1991,c.90,s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:6A-7 - Obligations of insurance providers unchanged

26:6A-7. Obligations of insurance providers unchanged
Changes in pre-existing criteria for the declaration of death effectuated by the legal recognition of modern neurological criteria 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 practitioner or other health care provider, and no health service plan, insurer, or governmental authority, shall deny coverage or exclude from the benefits of service any individual solely because of that individual's personal religious beliefs regarding the application of neurological criteria for declaring death.
L.1991,c.90,s.7.