New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 32 - ADVANCE DIRECTIVES FOR MENTAL HEALTH CARE › Subchapter 1 - SCOPE AND PURPOSE › Section 10:32-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Adult" means an individual 18 years of age or older.
"Advance directive for mental health care" or "advance
				  directive" means a writing executed in accordance with the requirements of
				  26:2H-107. An "advance directive"
				  may include a proxy directive, an instruction directive, or both.
"Decision-making capacity" means a patient's ability to
				  understand and appreciate the nature and consequences of mental health care
				  decisions, including the benefits and risks of each, and alternatives to any
				  proposed mental health care, and to reach an informed decision. A patient's
				  decision-making capacity is evaluated relative to the demands of a particular
				  mental health care decision.
"Declarant" means a competent adult who executes an advance
				  directive for mental health care.
"Department" means the Department of Human Services.
"Division" or "DMHAS" means the Division of Mental Health
				  and Addiction Services in the Department of Human Services.
"DMHAS registry" means the registry for advance directives
				  established by the Division of Mental Health and Addiction Services pursuant to
				  section
				  17 of
				  P.L.
				  2005, c. 233
				  (30:4-177.5 9).
"Domestic partner" means a domestic partner as defined in
				  section
				  3 of
				  P.L.
				  2003, c. 246
				  (26:8A-3 ).
"Inpatient" means a person who has been admitted for
				  treatment to a State psychiatric facility listed in
				  30:1-7.
"Instruction directive" means a writing which provides
				  instructions and direction regarding the declarant's wishes for mental health
				  care in the event that the declarant subsequently lacks decision-making
				  capacity.
"Licensed independent practitioner" means an individual
				  permitted by law to provide mental health care services without direct
				  supervision, within the scope of the individual's license to practice in the
				  State of New Jersey pursuant to
				  45:1-1 et seq., and may include
				  physicians, advanced practice nurses, licensed clinical social workers, and
				  psychologists.
"Mental health care decision" means a decision to accept or
				  refuse any treatment, service or procedure used to diagnose, treat or care for
				  a patient's mental condition. Mental health care decision also means a decision
				  to accept or refuse the services of a particular mental health care
				  professional or psychiatric facility, including a decision to accept or to
				  refuse a transfer of care.
"Mental health care professional" means an individual
				  licensed or certified by this State to provide or administer mental health care
				  in the ordinary course of business or practice of a profession.
"Mental health care representative" means the individual
				  designated by a declarant pursuant to the proxy directive part of an advance
				  directive for mental health care for the purpose of making mental health care
				  decisions on the declarant's behalf, and includes an individual designated as
				  an alternate mental health care representative who is acting as the declarant's
				  mental health care representative in accordance with the terms and order of
				  priority stated in an advance directive for mental health care.
"Patient" means an individual who is under the care of a
				  mental health care professional.
"Proxy directive" means a writing which designates a mental
				  health care representative in the event that the declarant subsequently lacks
				  decision-making capacity.
"Responsible mental health care professional" means a
				  licensed independent practitioner who is selected by, or assigned to, the
				  patient and has primary responsibility for the care and treatment of the
				  patient. For purposes of determining whether a patient, who has executed an
				  advance directive for mental health care, has or does not have the capacity to
				  make a particular mental health treatment decision, a physician, advanced
				  practice nurse, or psychologist on the declarant's treatment team may function
				  as a responsible mental health care professional, but for all other purposes,
				  each member of the State hospital treatment team assigned to the declarant may
				  be considered a "responsible mental health care professional."