New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 4 - RESPONSIBILITIES OF THE HRC › Section 10:41A-4.4 - HRC procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The chairperson shall determine if the
				issues addressed in the referrals constitute an actual or potential
				infringement upon the free exercise of an individual's rights. If the
				chairperson determines that the referral should not be reviewed by the
				Committee, he or she shall draft an explanation for the next Committee minutes
				and shall review it with the full Committee, which shall be the final
				arbitrator of any concerns regarding the relevancy of referral issues. If the
				request for HRC review was initiated by the individual or his or her legal
				guardian, the chairperson shall provide a written explanation why the referral
				should not be reviewed by the HRC.
(b) The HRC chairperson shall immediately
				review emergency referrals with the Administrator. Such referrals shall be
				reviewed expeditiously during emergency meetings of the Committee. Routine
				referrals will be addressed during the next scheduled Committee meeting. The
				Administrator or guardians serving individuals may approve necessary emergency
				treatments. Such issues shall be reviewed by the HRC at a subsequent
				meeting.
(c) To the extent
				practicable, an agenda shall be developed based upon referrals received and
				issues to be discussed and distributed in advance to all HRC members and
				guests.
(d) The individuals with
				potential rights restrictions and their guardians shall be invited to attend
				the meeting.
(e) The individuals
				listed on the agenda shall have their client records made available for the
				meeting, if necessary.
(f)
				Chairpersons of any sub-committees shall present a summary of their agenda
				items for review.
(g) The HRC
				members shall carefully review each issue and the data presented to analyze
				risk, evaluating alternatives and assuring rights are not recommended for
				restriction due to staff convenience. They shall provide a consensus based upon
				this discussion. If necessary, the HRC shall include recommendations for
				further actions to the respective Administrator.
(h) The HRC shall provide, in writing, to the
				Administrator, a copy of all recommendations within 10 working days of the
				meeting. The HRC chairperson may provide a verbal recommendation to the
				Administrator if immediate implementation is deemed necessary.
(i) The Administrator, or designee, will
				respond in writing to the HRC chairperson, as well as the individual or his or
				her legal guardian, within 10 working days on routine referrals, or immediately
				on emergency referrals, regarding the acceptance, qualified acceptance, or
				non-acceptance of the recommendations. The Administrator shall explain the
				basis for the HRC review and the rationale for his or her decisions.
(j) The chairperson shall incorporate the
				Administrator's decisions and comments into the minutes of the meeting, which
				will be distributed to the Committee members as the first agenda item of each
				meeting. The Committee shall review the Administrator's responses and
				implementation plan. The chairperson shall then outline the Administrator's
				decisions to the person or persons who presented the referral to the
				HRC.
(k) A copy of the notification
				of the decision to the individual or his or her legal guardian, as indicated in
				(i) above, shall be maintained in the client record.
(l) The HRC may request progress reports on
				the review recommendations through the Administrator.
(m) Where disagreement exists between
				members, an effort shall be made to reach consensus. Where that is not
				possible, the HRC may vote on its recommendations and submit the results and
				positions reflected to the Administrator. The results of the vote shall be
				indicated in the meeting minutes.