Title 26, Title 26: HEALTH AND VITAL STATISTICS

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 …

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 …

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 Departme…

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…

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…

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 antibod…

26:5C-19. Agreements authorized 5. The commissioner is authorized to enter into agreements with the federal government and public health agencies in other states to achieve greater effectiveness or efficiency in carrying out the provisions of this act. L.1995,c.174,s.5.

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 r…

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 pre…

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…

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 sta…

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.

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.

26:5C-25 Short title. 1. This act shall be known and may be cited as the "Bloodborne Disease Harm Reduction Act." L.2006, c.99, s.1.

26:5C-26 Findings, declarations relative to sterile syringe access programs. 2. The Legislature finds and declares that: a. Injection drug use is one of the most common methods of transmission of HIV, hepatitis C, and other bloodborne pathogens; b. (deleted by amendment, P.L.2021…

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 sha…

26:5C-27 Operation of sterile syringe access program. 3. The Department of Health shall permit the establishment and operation of harm reduction services in accordance with the provisions of P.L.2006, c.99 (C.26:5C-25 et al.). The department shall prescribe by regulation requirem…

26:5C-28 Establishment, authorization by municipality of certain programs. 4. a. In accordance with the provisions of section 3 of P.L.2006, c.99 (C.26:5C-27), an eligible entity may be approved by the department to provide authorized harm reduction services in this State. (1) An…

26:5C-29 Reports to Governor, Legislature. 5. a. (1) The Commissioner of Health shall report to the Governor and, pursuant to section 2 of P.L.1991, 164 (C.52:14-19.1), the Legislature, no later than one year after the effective date of P.L.2006, c.99 (C.26:5C-25 et al.) and bien…

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 infor…

26:5C-30 Plan for establishment, funding of regional substance use disorder treatment facilities. 6. a. The Commissioner of Human Services shall develop a plan for establishing and funding regional substance use disorder treatment facilities. The plan shall include a strategy for…

26:5C-31 Rules, regulations. 7. a. Notwithstanding any provision of law to the contrary, 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 P.L.2006, c.9…

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 neces…

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. "Diag…

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 cou…

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 …

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 ad…

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 the…