Title 26, Title 26: HEALTH AND VITAL STATISTICS

26:2H-5.12 Integrated safety features required on needles, etc.; dentists, exempt, certain circumstances. 3. a. No later than 12 months after the date of enactment of this act, the commissioner shall require that a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2…

26:2H-5.13 Responsibilities of health care facility. 4. A health care facility shall: a. Establish an evaluation committee in which at least half of the members are direct-care health care workers who shall select needles and other sharp devices from each class of needle or other…

26:2H-5.14 Review of health care facilities reports, recommendations. 5. The department shall review the reports submitted by health care facilities pursuant to section 4 of this act on a quarterly basis and shall make recommendations to the respective health care facility for re…

26:2H-5.15 Annual report to Legislature. 6. The commissioner shall report annually to the Senate and General Assembly Health Committees on the implementation of this act. The report shall include the number of needle stick injuries, the type and brand names of the needles or othe…

26:2H-5.16 Rules, regulations. 7. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.413 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act. L.1999,c.311,s.7.

26:2H-5.17 Short title. 1. This act shall be known and may be cited as the "Violence Prevention in Health Care Facilities Act." L.2007,c.236,s.1.

26:2H-5.18 Findings, declarations relative to prevention of violence against health care workers. 2. The Legislature finds and declares that: a. Violence is an escalating problem in many health care settings in the State and across the nation, and although violence is an increasi…

26:2H-5.19 Definitions relative to prevention of violence against health care workers. 3. As used in this act: "Covered health care facility" means a general or special hospital or nursing home licensed by the Department of Health and Senior Services pursuant to P.L.1971, c.136 (…

26:2H-5.1a Regulations for oversight of hospitals. 2. a. The Commissioner of Health shall prescribe, by regulation: (1) specific indicators by which a general hospital may be evaluated for financial soundness, and the thresholds at which it may be considered to be in financial di…

26:2H-5.1b Conditions for licensure of general hospital. 3. As a condition of licensure under P.L.1971, c.136 (C.26:2H-1 et al.), a general hospital shall: a. (1) provide to the Department of Health: monthly and quarterly unaudited financial information, quarterly unaudited finan…

26:2H-5.1c Ambulatory care facility to use common billing form. 1. An ambulatory care facility licensed to provide surgical services pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall use a common billing form, designated by the Commissioner of Health, for each patient when bi…

26:2H-5.1d Identification numbers of physicians publicly available. 2. The commissioner shall make publicly available the identification number for the physician or physicians, as applicable, that appear on hospital billing forms and billing forms of ambulatory care facilities li…

26:2H-5.1e Quarterly report from ambulatory care facility; required information. 3. a. An ambulatory care facility licensed to provide surgical services pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall be required to report quarterly to the Department of Health, in a form an…

26:2H-5.1f 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.2009, c.263, s.4; amended 2012, c.17, s.163.

26:2H-5.1g Regulations. 3. a. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health shall adopt regulations necessary to develop an integrated licensing system in which facilities licensed under the authority of P.L.1971,…

26:2H-5.20 Establishment of violence prevention program in covered health care facility. 4. Within 6 months of the effective date of this act, a covered health care facility shall establish a violence prevention program for the purpose of protecting health care workers. The progr…

26:2H-5.21 Retaliatory action prohibited. 5. A covered health care facility shall not take any retaliatory action against any health care worker for reporting violent incidents. As used in this section, "retaliatory action" shall have the same meaning as provided in section 2 of …

26:2H-5.22 Violations, penalties. 6. A covered health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) that is in violation of the provisions of this act shall be subject to such penalties as the Commissioner of Health may determine pursuant to sections 13 an…

26:2H-5.23 Rules, regulations. 7. The Commissioners of Health and Human Services 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. L.2007, c.236, s.7; amended 2012, c.17, s…

26:2H-5.23a Health care facility, written notice, display, assault, health care professional, health care facility volunteer, employee. 6. a. As used in this section, "health care facility" means the same as defined in subsection b. of section 3 of P.L.2023, c.48 (C.2C:12-3.1). b…

26:2H-5.24 Findings, declarations relative to designated caregivers. 1. The Legislature finds and declares that: a. According to the American Association of Retired Professional's Public Policy Institute, at any given time, an estimated 1.75 million people in New Jersey provide v…

26:2H-5.25 Definitions relative to designated caregivers. 2. As used in this act: "After-care assistance" means any assistance provided by a caregiver to a patient following the patient's discharge from a hospital that is related to the patient's condition at the time of discharg…

26:2H-5.26 Designation of caregiver. 3. a. A hospital shall provide each patient or, if applicable, the patient's legal guardian, with an opportunity to designate at least one caregiver following the patient's entry into a hospital, and prior to the patient's discharge to the pat…

26:2H-5.27 Notification to designated caregiver of discharge, transfer. 4. A hospital shall notify the patient's designated caregiver of the patient's discharge or transfer to another facility as soon as possible and, in any event, upon issuance of a discharge order by the patien…

26:2H-5.28 Hospital to consult with designated caregiver. 5. a. As soon as possible prior to a patient's discharge from a hospital to the patient's residence, the hospital shall consult with the designated caregiver and issue a discharge plan that describes a patient's after-care…

26:2H-5.29 Construction of act relative to advance care directive. 6. a. Nothing in this act shall be construed to interfere with the rights of an agent operating under a valid advance directive pursuant to the provisions of the "New Jersey Advance Directives for Health Care Act,…

26:2H-5.30 Construction of act relative to private right of action against hospital. 7. a. Nothing in this act shall be construed to create a private right of action against a hospital, a hospital employee, or any consultants or contractors with whom a hospital has a contractual …

26:2H-5.31 Discharge, transfer of patient unaffected. 8. Nothing in this act shall delay the discharge of a patient, or the transfer of a patient from a hospital to another facility. L.2014, c.68, s.8.

26:2H-5.32 Rules, regulations. 9. The Department 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 including, but not limited to, regulations to further define …

26:2H-5.33 Definitions relative to actions by health care facilities. 26. a. As used in this section: "Health care facility" or "facility" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). "Health care professional" means a person licensed to …

26:2H-5.34 Notation in medical record of increased risk of symptoms caused by a dementia related disorder; definitions. 1. a. A hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall require a health care professional or appropriate staff member to include a nota…

26:2H-5.35 Determination by general acute care hospital if patient is homeless or a military veteran. 1. A general acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall, as part of the patient intake process, inquire as to whether the individual who i…

26:2H-5.36 Evidence-based cultural competency training program for general acute care hospital staff, direct contact with patients. 1. a. Each general acute care hospital that collects data concerning patient race, ethnicity, sexual orientation, or gender identity for any reason …

26:2H-5.37 Limit on health care facilities requesting, collecting information from a patient. 6. a. A health care facility shall not request or collect information relating to a patient’s immigration status, citizenship status, place of birth, social security number, or individua…

26:2H-5.7 State Health Planning Board established. 33. There is established in the Department of Health a State Health Planning Board. The members of the board shall include: the Commissioners of Health, Children and Families, and Human Services, or their designees, who shall ser…

26:2H-5.8 Review of application for certificate of need. 34. a. (Deleted by amendment, P.L.1998, c.43). b. The State Health Planning Board shall review applications for certificates of need and make recommendations to the Commissioner of Health. c. In the case of an application f…

26:2H-50. Duties of state department of health The State Department of Health shall monitor the implementation of the provisions of this act and shall, in consultation with the Department of Institutions and Agencies, assist skilled or intermediate care nursing facilities to iden…

26:2H-51. Inapplicability of act to facility operated by and for those who rely exclusively upon treatment by spiritual means Nothing in this act shall be construed to apply to any skilled or intermediate care nursing facility operated by and for those who rely exclusively upon t…

26:2H-52. Rules and regulations The Commissioner of Health is hereby authorized to adopt reasonable 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 carry out its functions and duties under thi…

26:2H-53. Short title 1. This act shall be known and may be cited as the "New Jersey Advance Directives for Health Care Act." L.1991,c.201,s.1.

26:2H-54 Findings, declarations. 2. The Legislature finds and declares that: a. Adults have the fundamental right, in collaboration with their health care providers, to control decisions about their own health care unless they lack the mental capacity to do so. This State recogni…

26:2H-55 Definitions. 3. As used in P.L.1991, c.201 (C.26:2H-53 et seq.): "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 health care" or "advance directive" means a writing executed in accordance wi…

26:2H-56. Advance directive for health care; execution 4. A declarant may execute an advance directive for health care at any time. The advance directive shall be signed and dated by, or at the direction of, the declarant in the presence of two subscribing adult witnesses, who sh…

26:2H-57 Proxy, instruction directive; reaffirmed, modified, revoked. 5. a. A declarant may reaffirm or modify either a proxy directive, or an instruction directive, or both. The reaffirmation or modification shall be made in accordance with the requirements for execution of an a…

26:2H-58 Designation of health care representative; limitations. 6. a. A declarant may execute a proxy directive, pursuant to the requirements of section 4 of P.L.1991, c.201 (C.26:2H-56), designating an adult with mental capacity to act as the declarant's health care representat…

26:2H-59. Conditions under which advance directive becomes operative 7. a. An advance directive becomes operative when (1) it is transmitted to the attending physician or to the health care institution, and (2) it is determined pursuant to section 8 of this act that the patient l…