Title 26, Title 26: HEALTH AND VITAL STATISTICS

26:2H-102 Short title. 1. This act shall be known and may be cited as the "New Jersey Advance Directives for Mental Health Care Act." L.2005,c.233,s.1.

26:2H-103 Findings, declarations relative to advance directives for mental health care. 2. The Legislature finds and declares that: a. This State recognizes, in its law and public policy, a patient's right to make voluntary, informed choices to accept, reject, or choose among alt…

26:2H-104 Definitions relative to advance directives for mental health care. 3. As used in this act: "Adult" means an individual who has reached majority pursuant to section 3 of P.L.1972, c.81 (C.9:17B-3). "Advance directive for mental health care" or "advance directive" means a…

26:2H-105 Execution, reaffirmation, modification, revocation, suspension of advance directive for mental health care. 4. a. A declarant may execute, reaffirm, modify, revoke or suspend an advance directive for mental health care at any time, except as provided in subsection f. of…

26:2H-106 Validity of advance directive for mental health care, reaffirmation, modification, revocation. 5. a. (1) An advance directive for mental health care shall be deemed to be valid for an indefinite period of time if it does not include an expiration date, subject to a decl…

26:2H-107 Execution of proxy directive. 6. a. A declarant may execute a proxy directive, pursuant to the requirements of section 4 of P.L.2005, c.233 (C.26:2H-105), designating an adult who has mental capacity to act as the declarant's mental health care representative. (1) An ad…

26:2H-108 Operative date of advance directive for mental health care. 7. a. An advance directive for mental health care shall become operative: (1) when it is transmitted to the responsible mental health care professional or the psychiatric facility; and it is determined pursuant…

26:2H-109 Determination of patient's decision-making capacity. 8. a. The responsible mental health care professional shall determine whether the patient lacks the capacity to make a particular mental health care decision. The determination shall: be stated in writing; include the…

26:2H-11.1 Requirements for applicants for certificate of need, initial licensure for certain facilities. 1. In the case of an application for a certificate of need or initial licensure, as applicable, for a narcotic and drug abuse treatment center to be located within 500 feet f…

26:2H-11.2 Certificate of need call, "community perinatal center – intensive". 2. Within 180 days following the effective date of P.L.2025, c.320 (C.26:2H-11.2 et al.), the Department of Health shall issue a certificate of need call for the neonatal level of care designation, "co…

26:2H-11.3 Construction of act. 3. Nothing in P.L.2025, c.320 (C.26:2H-11.2 et al.), shall be construed as limiting the Department of Health’s licensing authority with regard to bassinets within health care facilities that provide inpatient, maternity services. L.2025, c.320, s.3…

26:2H-110 Authority of mental health care representative. 9. a. If it has been determined that the patient lacks decision- making capacity, a mental health care representative shall have authority to make mental health care decisions on behalf of the patient. (1) The mental healt…

26:2H-111 Additional responsibilities of responsible mental health care professional. 10. In addition to any rights and responsibilities recognized or imposed by or pursuant to this act, or by any other law, a mental health care professional shall have the following responsibilit…

26:2H-112 Discussion of patient's mental health condition. 11. a. (1) The responsible mental health care professional, the patient to the extent possible, the mental health care representative, and, when appropriate, any additional mental health care professional responsible for …

26:2H-113 Instruction directive legally operative, conditions. 12. a. If the patient has executed an instruction directive but has not designated a mental health care representative, or if neither the designated mental health care representative or any alternate designee is able …

26:2H-114 Additional rights, responsibilities of psychiatric facility. 13. In addition to any rights and responsibilities recognized or imposed by or pursuant to this act, or any other law, a psychiatric facility shall have the following responsibilities: a. A psychiatric facilit…

26:2H-115 Procedures, practices for resolving disagreements. 14. a. In the event of disagreement among the patient, mental health care representative and responsible mental health care professional concerning the patient's decision-making capacity or the appropriate interpretatio…

26:2H-116 Construction of act; severability. 15. The provisions of this act shall not be construed to supersede any court order relating to, or the provisions of any other statute governing, commitment or admission to a psychiatric facility or the provision of mental health care,…

26:2H-117 Rules, regulations relative to psychiatric facilities operated by the Department of Health. 16. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health, in consultation with the Commissioner of Human Servic…

26:2H-118 Joint evaluation, report to Governor, Legislature. 18. The Department of Health and the Department of Human Services shall jointly evaluate the implementation of this act and report to the Governor and the Legislature, including recommendations for any changes deemed ne…

26:2H-119 Immunity from criminal, civil liability. 19. a. A mental health care representative shall not be subject to criminal or civil liability for any actions performed in good faith and in accordance with the provisions of this act to carry out the terms of an advance directi…

26:2H-12 Operation, requirements for certain health care facilities; application for license; fee. 12. a. No health care service or health care facility shall be operated unless it shall: (1) possess a valid license issued pursuant to this act, which license shall specify the kin…

26:2H-12.1. Health care facility to provide privileges for podiatrists, psychologists 1. a. Any health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), which provides medical or surgical care, shall provide for the use of the facility by, and appropriate pr…

26:2H-12.10. Filing of complaint A patient may file a written complaint against a hospital for a failure to comply with the provisions of this act, or any rule or regulation adopted pursuant to this act, either with the hospital or the Department of Health. The hospital or the De…

26:2H-12.100 Stockpiling of personal protective equipment in long-term care facilities, hospitals. 1. a. Each long-term care facility shall make a good faith effort to maintain an adequate emergency stockpile of personal protective equipment necessary to meet the facility's need …

26:2H-12.101 Definitions concerning resident rights in long-term care facilities. 1. As used in this act: "Gender expression" means a person's gender-related appearance and behavior, whether or not stereotypically associated with the person's assigned sex at birth. "Gender identi…

26:2H-12.102 Prohibited actions by staff. 2. a. Except as provided in subsection b. of this section, a long-term care facility and long-term care facility staff shall be prohibited from taking any of the following actions based in whole or in part on a person's actual or perceive…

26:2H-12.103 Information included in resident records. 3. Each long-term care facility shall ensure that resident records, including records generated at the time of admission, include the resident's gender identity and the resident's chosen name and pronouns, as indicated by the…

26:2H-12.104 Confidentiality of certain resident information. 4. a. Unless required by State or federal law, a long-term care facility shall not disclose any personal identifying information regarding: (1) a resident's sexual orientation; (2) whether a resident is transgender or …

26:2H-12.105 Violations, civil penalties, administrative action. 5. A long-term care facility that violates the requirements of this act, or that employs a staff member who violates the requirements of this act, shall be subject to civil penalties or other administrative action a…

26:2H-12.106 Training for administrators, staff. 6. a. Each long-term care facility shall ensure that the administrators and staff at the long-term care facility receive training, on at least a biennial basis, concerning: (1) caring for LGBTQI seniors and seniors living with HIV;…

26:2H-12.107 Rules, regulations. 7. The Commissioner of Health and the Commissioner of Human Services shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as may be necessary to implement the provisions of this a…

26:2H-12.107a Definitions; long-term care facility pharmacists, pharmaceutical services. 1. a. As used in this act: "Long-term care facility" means a facility or distinct part of a facility licensed by the New Jersey Department of Health as a long-term care facility. “Pharmacist”…

26:2H-12.108 Hospital, birthing center to provide bias training. 1. a. Every hospital that provides inpatient maternity services and every birthing center licensed in the State pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall implement an evidence-based explicit and implicit…

26:2H-12.109 Licensed general acute care hospital addressing homelessness, housing insecurity. 1. a. A general acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) may adopt as part of its mission the goal of addressing issues related to homelessness or ho…

26:2H-12.109a Behavioral health care provider, services, emergency homeless shelters, authorized; definitions. 1. a. As used in this section: "Behavioral health care" means procedures or services, other than primary health care services, which are provided by a health care practi…

26:2H-12.11. Rules, regulations The Commissioner of Health is authorized to adopt rules and regulations in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act. L.1989,c.170,s.5.

26:2H-12.110 Definitions. 1. a. As used in this section: "Health care facility" means a health care facility licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). "Health care facility" does not mean a long-term care facility, a provider of adult m…

26:2H-12.111 Definitions. 1. As used in this act: “Community access location” shall mean a facility that includes the following components and provides the following services to all patients without regard to their ability to pay: forty-eight medical surgical/observation beds wit…

26:2H-12.112 “Continued Access in Underserved Communities Pilot Program” established. 2. a. Notwithstanding the provision of any law or regulation to the contrary, in order to ensure continued access to care for patients residing in underserved communities, the Department of Heal…

26:2H-12.113 Requirements to receive financial assistance from the Department of Health. 3. a. Any hospital that participates in the pilot program shall apply for and receive financial assistance from the Department of Health to cover the anticipated costs associated with develop…

26:2H-12.114 Pilot program to expire; maintaining inpatient and outpatient psychiatric services. 6. a. This act shall take effect immediately, and the pilot program shall expire ten years from the date on which a participating hospital has obtained a certificate of occupancy for …

26:2H-12.12 Responsibility of health care facilities for filing claims. 14. Effective 12 months after the adoption of regulations establishing standard health care enrollment and claim forms by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c.154 (C.…

26:2H-12.13 Posting of drinking water test reports by general hospitals. 3. a. The owner or operator of a general hospital who is required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996," (42 U.S.C.s.300f et al.), or who receiv…

26:2H-12.14 Posting of drinking water test reports by rehabilitation centers, extended care facilities, nursing homes. 4. a. The owner or operator of a rehabilitation center, extended care facility, skilled nursing home, or nursing home who is required to prepare a Consumer Confi…

26:2H-12.15 Regulations on use of unlicensed assistive personnel. 2. a. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt regulations governing the use of unlicensed assistive personnel in licensed health…