Title 26, HEALTH AND VITAL STATISTICS

26:6-7 Contents of death certificate. 26:6-7. a. The certificate of death shall contain such items as shall be listed on death certificate forms or in the NJ-EDRS provided or approved by the department under the authority of subsection c. of R.S.26:8-24. The death certificate for…

26:6-70 Definitions relative to anatomical gifts for educational and research use. 3. As used in this act: "Anatomical research recovery organization" means a nonprofit corporation engaged in the recovery of a human body or part donated for education, research, or the advancement…

26:6-71 Registration as anatomical research recovery organization. 4. a. No person shall engage in the recovery of a human body or part donated in this State for education, research, or the advancement of medical, dental, or mortuary science pursuant to P.L.1969, c.161 (C.26:6-57…

26:6-72 Requirements for operating as an anatomical research recovery organization. 5. An anatomical research recovery organization operating in this State shall demonstrate compliance with the following requirements: a. A physician licensed in this State or the state in which th…

26:6-73 Violation. 6. It shall be a violation of this act for any person to obstruct, hinder, delay or interfere, by force or otherwise, with the performance by the commissioner of any duty under the provisions of this act. L.2008, c.49, s.6.

26:6-74 Powers of commissioner relative to violations. 7. If the commissioner has reason to believe that a condition exists or has occurred at an anatomical research recovery organization in violation of the provisions of this act, which is dangerous to the public health, he may …

26:6-75 Violations, penalties. 8. a. Any person who violates the provisions of this act or an order of the commissioner shall be liable for the first offense to a penalty of not more than $1,000, and for the second and each succeeding offense for a penalty of not more than $5,000…

26:6-76 Rules, regulations. 9. The commissioner 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. The regulations may specify qualifications for personnel, including the me…

26:6-77 Short title. 1. a. This act shall be known and may be cited as the "Revised Uniform Anatomical Gift Act." b. Whenever the term "Uniform Anatomical Gift Act" occurs or any reference is made thereto in any law, contract or document, the same shall be deemed to mean or refer…

26:6-78 Definitions relative to anatomical gifts. 2. As used in this act: "Adult" means a person who is at least 18 years of age. "Advance directive for health care" means an advance directive for health care that is executed pursuant to P.L.1991, c.201 (C.26:2H-53 et seq.). "Age…

26:6-79 Applicability of act. 3. The provisions of this act shall apply to an anatomical gift, or an amendment to, revocation of, or refusal to make an anatomical gift, whenever made. L.2008, c.50, s.3.

26:6-8 Duty to furnish particulars; verification. 26:6-8. In the execution of a death certificate, the personal particulars shall be obtained by the funeral director from the person best qualified to supply them. The death and last sickness particulars shall be supplied by the at…

26:6-8.1 Determination, pronouncement of death. 4. a. Where there has been an apparent death that is not governed by the provisions of section 4 of P.L.1991, c.90 (C.26:6A-4), a registered professional nurse licensed by the New Jersey Board of Nursing under P.L.1947, c.262 (C.45:…

26:6-8.2 Notification. 1. If the attending physician, registered professional nurse, physician assistant, or the Chief State Medical Examiner, Deputy Chief State Medical Examiner, or county or intercounty medical examiner or assistant county or intercounty medical examiner who ma…

26:6-8.3. List of contagious, infectious, communicable diseases Within 180 days of the effective date of this act, the Commissioner of the Department of Health shall provide to all county and local health departments, hospitals and long-term care facilities in this State for dist…

26:6-8.4. Penalty for violation a. A person who violates the provisions of this act is subject to a penalty of up to $1,000.00 for each offense. These penalties shall be recovered in a civil action in the name of the Department of Health in a court of competent jurisdiction. The …

26:6-8.5 Alzheimer's disease, related disorders, listing as secondary cause of death. 1. a. Alzheimer's disease and related disorders may be listed as a secondary cause of death on a certification of death in any case in which: (1) the deceased person is diagnosed as having Alzhe…

26:6-8.6 Professionals certifying death to provide testing, related actions necessary for survivors to claim certain benefits. 1. The attending, covering, or resident physician, the attending advanced practice nurse, or the county medical examiner who provides the death and last …

26:6-80 Anatomical gift by living donor. 4. Subject to the provisions of section 8 of P.L.2008, c.50 (C.26:6-84), an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manne…

26:6-81 Procedure for donor to make anatomical gift. 5. a. A person may make an anatomical gift and thereby become a donor: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identifica…

26:6-82 Amendment, revocation of anatomical gift by donor. 6. a. Subject to the provisions of section 8 of this act, a donor or other person authorized to make an anatomical gift pursuant to section 4 of this act may amend or revoke an anatomical gift by: (1) a record signed by: …

26:6-83 Refusal to make anatomical gift. 7. a. A person may refuse to make an anatomical gift of the person's body or part by: (1) a record signed by: (a) the person; or (b) subject to subsection b. of this section, another individual acting at the person's direction if the perso…

26:6-84 Person other than donor prohibited from making anatomical gift, exceptions. 8. a. In the absence of an express, contrary indication by the donor, a person other than the donor shall be prohibited from making, amending, or revoking an anatomical gift of a donor's body or p…

26:6-85 Person authorized to make anatomical gift of a decedent's body. 9. a. (1) Subject to the provisions of this act, an anatomical gift of a decedent's body or part may be made by any member of the following classes of persons who is reasonably available, in the order of prio…

26:6-86 Recipients of anatomical gift. 10. a. An anatomical gift may be made to the following persons or entities named in the document of gift: (1) a hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate …

26:6-86.1 Findings, declarations relative to anatomical gifts. 1. The Legislature finds and declares that: a. A mental or physical disability does not diminish a person's right to health care; b. The "Americans with Disabilities Act of 1990" prohibits discrimination against perso…

26:6-86.2 Eligibility to receive anatomical gift. 2. a. An individual who is a candidate to receive an anatomical gift shall not be deemed ineligible to receive an anatomical gift solely because of the individual's physical or mental disability, except to the extent that the phys…

26:6-87 Search for potential donor, document of refusal; permitted entities. 11. a. Upon the request of an organ procurement organization, the following persons shall make a reasonable search of an individual who the person reasonably believes is dead or whose death is imminent f…

26:6-88 Delivery of document of gift or a refusal. 12. a. A document of gift need not be delivered during the donor's lifetime to be effective. b. Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respec…

26:6-89 Notification by hospital relative to donor status. 13. a. A hospital shall notify an organ procurement organization or a third party designated by that organization of a person whose death is imminent or who has died in the hospital, in a timely manner sufficient to ensur…

26:6-9 Death occurring without medical attendance. 26:6-9. In case of any death occurring without medical attendance, the funeral director shall notify the Office of the Chief State Medical Examiner or the office of the county or intercounty medical examiner, or the local registr…

26:6-90 Notification of death to procurement organization. 14. A person who seeks to facilitate the making of an anatomical gift, for the purposes of transplantation or therapy, from a decedent who was not a hospital patient at the time of death shall notify the procurement organ…

26:6-91 Immunity from liability. 15. a. A person or entity shall be immune from liability for actions taken in accordance with, or in a good faith attempt to act in accordance with, the provisions of this act or the applicable anatomical gift law of another state. b. Neither the …

26:6-92 Valid document of gift. 16. a. A document of gift shall be valid if executed in accordance with: (1) the provisions of this act; (2) the laws of the state or country in which it is executed; or (3) the laws of the state or country in which the person making the anatomical…

26:6-93 Requirements relative to donations from individuals having an advance directive. 17. If a hospital patient who is a prospective donor has executed an advance directive for health care, or has otherwise specified by record the circumstances under which the patient would wa…

26:6-94 Cooperation of medical examiner with procurement organization. 18. a. Each medical examiner shall cooperate with any procurement organization to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. b. A …

26:6-95 Application, construction. 19. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. L.2008, c.50, s.19.

26:6-96 Acts modified, limited, superseded. 20. This act shall be deemed to modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s.7001 et seq., but not to modify, limit, or supersede Section 101(a) of that act, 15 U.S.C. s.7001(a)…

26:6A-1. Short title; declarations in accord with act a. This act shall be known and may be cited as the "New Jersey Declaration of Death Act." b. The death of an individual shall be declared in accordance with the provisions of this act. L.1991,c.90,s.1.

26:6A-2. Declaration of death based on cardio-respiratory criteria An individual who has sustained irreversible cessation of all circulatory and respiratory functions, as determined in accordance with currently accepted medical standards, shall be declared dead. L.1991,c.90,s.2.

26:6A-3. Declaration of death based on neurological criteria Subject to the standards and procedures established in accordance with this act, an individual whose circulatory and respiratory functions can be maintained solely by artificial means, and who has sustained irreversible…

26:6A-4 Physician to declare death. 4. a. A declaration of death upon the basis of neurological criteria pursuant to section 3 of this act shall be made by a licensed physician professionally qualified by specialty or expertise, based upon the exercise of the physician's best med…

26:6A-5. Death not declared in violation of individual's religious beliefs The death of an individual shall not be declared upon the basis of neurological criteria pursuant to sections 3 and 4 of this act when the licensed physician authorized to declare death, has reason to beli…

26:6A-6. Immunity granted to health care practitioner, provider, hospital A licensed health care practitioner, hospital, or the health care provider who acts in good faith and in accordance with currently accepted medical standards to execute the provisions of this act and any ru…

26:6A-7. Obligations of insurance providers unchanged Changes in pre-existing criteria for the declaration of death effectuated by the legal recognition of modern neurological criteria shall not in any manner affect, impair or modify the terms of, or rights or obligations created…

26:6A-8 Rules, regulations, policies, practices to gather reports, data. 8. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) the Department of Health and Senior Services shall establish rules, regulations, policies and practices as may be neces…