Title 26, HEALTH AND VITAL STATISTICS

26:13-28 Laws, regulations not preempted by act. 28. The provisions of this act do not explicitly preempt other laws or regulations that preserve to a greater degree the powers of the Governor or commissioner, provided such laws or regulations are consistent and do not otherwise …

26:13-29 Additional powers of Chief State Medical Examiner. 29. The powers granted in the act are in addition to, and not in derogation of, powers otherwise granted by law to the Chief State Medical Examiner. L.2005, c.222, s.29; amended 2018, c.62, s.36.

26:13-3 Declaration of public health emergency. 3. a. The Governor, in consultation with the commissioner and the Director of the State Office of Emergency Management, may declare a public health emergency. In declaring a public health emergency, the Governor shall issue an order…

26:13-30 Construction of act relative to Highway Traffic Safety Act. 30. The provisions of this act shall not be construed to abrogate the effect or status of the "New Jersey Highway Traffic Safety Act of 1987," P.L.1987, c.284 (C.27:5F-18 et seq.). L.2005,c.222,s.30.

26:13-31 Guidelines for health care, social services resources offered at emergency warming centers during a Code Blue alert. 1. The Department of Human Services shall establish guidelines for health care and social service resources that may be offered at emergency warming cente…

26:13-32 Expiration of certain executive orders. 1. All executive orders issued by the Governor prior to the effective date of this act, P.L.2021, c.103 (C.26:13-32 et seq.), that relied on the existence of the public health emergency declared by the Governor in Executive Order N…

26:13-33 Civil, criminal liability; expiration. 2. Notwithstanding the provisions of section 1 of this act, P.L.2021, c.103 (C.26:13-32), allowing Executive Order No. 112 of 2020 to remain in place until January 1, 2022, any civil or criminal immunity related to the COVID-19 resp…

26:13-34 Expiration of orders, directives, waivers issued due to public health emergency. 3. a. Following the termination of the public health emergency declared by the Governor in Executive Order No. 103 of 2020, as extended, the force and effect of any administrative order, dir…

26:13-35 Certain powers undiminished, impaired by termination of public health emergency. 4. The termination of the public health emergency declared by the Governor in Executive Order No. 103 of 2020, as extended, shall in no way diminish, limit, or impair the powers of the Gover…

26:13-36 Authority relative to termination of public health emergency. 5. Following the termination of the public health emergency declared by the Governor in Executive Order No. 103 of 2020, as extended, the Governor, Commissioner of Health, and the head of any other State agenc…

26:13-4 Investigation of incident, imminent threat; reporting requirements. 4. a. In order to detect the occurrence or imminent threat of an occurrence of a public health emergency as defined in this act, the commissioner may take reasonable steps to investigate any incident or i…

26:13-5 Duties of commissioner relative to public health emergency. 5. Where the commissioner has reasonable grounds to believe a public health emergency exists, the commissioner shall: ascertain the existence of cases of an illness or health condition that may be potential cause…

26:13-6 Emergency Health Care Provider Registry. 6. The commissioner may establish a registry of health care workers, public health workers and support services personnel who voluntarily consent to provide health care, public health services and support logistics during a public …

26:13-7 Actions during state of public health emergency, coordination. 7. During a state of public health emergency or in response to a public health emergency: a. The commissioner, Chief State Medical Examiner, and Commissioner of Environmental Protection shall coordinate and co…

26:13-8 Powers of commissioner relative to facilities, property; hearing. 8. During a state of public health emergency, the commissioner may exercise the following powers over facilities or property: a. Facilities. To close, direct and compel the evacuation of, or to decontaminat…

26:13-9 Powers of commissioner relative to health care, other facilities, property, roads, public areas. 9. During a state of public health emergency, the commissioner may exercise, for such period as the state of public health emergency exists, the following powers concerning he…

26:14-1 Short title. 1. This act shall be known and may be cited as the "Access to Medical Research Act." L.2007, c.316, s.1.

26:14-2 Findings, declarations relative to informed consent for medical research. 2. The Legislature finds and declares that: a. Access to the latest treatments developed through medical research is essential to provide the citizens of this State with the best health care service…

26:14-3 Applicability of act; minimal risk defined. 3. The provisions of this act shall apply to medical research on persons with cognitive impairments, lack of capacity, or serious physical or behavioral conditions and life-threatening diseases that is approved and monitored by …

26:14-4 Informed consent defined; use. 4. As used in this act, "informed consent" means the authorization given pursuant to this act to participate in medical research performed on a subject after each of the following conditions has been satisfied: a. The subject or his guardian…

26:14-5 Obtaining surrogate informed consent; conditions. 5. a. For purposes of obtaining informed consent required for medical research, if a person who may be the subject of the research is unable to consent and does not express dissent or resistance to participation, surrogate…

26:15-1 Findings, declarations relative to health care coverage. 1. The Legislature finds and declares: a. There are an estimated 1.25 million residents of the State who have no health insurance coverage, of which over 240,000 are children, and the number of uninsured residents i…

26:15-2 Coverage provided for residents 18 years of age and younger; terms defined. 2. a. Beginning one year after the date of enactment of this act, all residents of this State 18 years of age and younger shall obtain and maintain health care coverage that provides hospital and …

26:16-1 Short title. 1. Sections 1 through 20 of P.L.2019, c.59 (C.26:16-1 et seq.) shall be known and may be cited as the "Medical Aid in Dying for the Terminally Ill Act." L.2019, c.59, s.1.

26:16-10 Oral, written request by patient, physician's actions. 10. a. In order to receive a prescription for medication that a qualified terminally ill patient may choose to self-administer pursuant to P.L.2019, c.59 (C.26:16-1 et al.), the patient shall make two oral requests a…

26:16-11 Documentation of New Jersey residency. 11. A request for medication pursuant to P.L.2019, c.59 (C.26:16-1 et al.) shall not be granted unless the qualified terminally ill patient has documented that individual's New Jersey residency by furnishing to the attending physici…

26:16-12 Disposal of medication if patients chooses not to self-administer. 12. Any medication dispensed pursuant to P.L.2019, c.59 (C.26:16-1 et al.) that a qualified terminally ill patient chooses not to self-administer shall be disposed of by lawful means, including, but not l…

26:16-13 Reporting of information, statistical report. 13. a. The Commissioner of Health shall require that a health care professional report the following information to the Department of Health on a form and in a manner prescribed by regulation of the commissioner: (1) No later…

26:16-14 Provisions in certain documents would not restrict request for medication. 14. a. A provision in a contract, will, insurance policy, annuity, or other agreement, whether written or oral, made on or after the effective date of P.L.2019, c.59 (C.26:16-1 et al.), shall not …

26:16-15 Construction of act. 15. Nothing in P.L.2019, c.59 (C.26:16-1 et al.) shall be construed to: a. authorize a physician or any other person to end a patient's life by lethal injection, active euthanasia, or mercy killing, or any act that constitutes assisted suicide under …

26:16-16 Certain persons not authorized to take action on behalf of patient. 16. A person shall not be authorized to take any action on behalf of a patient for the purposes of P.L.2019, c.59 (C.26:16-1 et al.) by virtue of that person's designation as a guardian pursuant to N.J.S…

26:16-17 Immunity. 17. a. (1) Except as provided in sections 18 and 19 of P.L.2019, c.59 (C.26:16-18 and C.26:16-19), a person shall not be subject to civil or criminal liability or professional disciplinary action, or subject to censure, discipline, suspension, or loss of any li…

26:16-18 Violations, degree of crime. 18. a. A person who, without authorization of the patient, and with the intent or effect of causing the patient's death, willfully alters or forges a request for medication pursuant to P.L.2019, c.59 (C.26:16-1 et al.) or conceals or destroys…

26:16-19 Claims by governmental entity, certain circumstances. 19. Any governmental entity that incurs costs resulting from a qualified terminally ill patient choosing to self-administer medication prescribed pursuant to P.L.2019, c.59 (C.26:16-1 et al.) in a public place has a c…

26:16-2 Findings, declarations relative to medical aid in dying for the terminally ill. 2. The Legislature finds and declares that: a. Recognizing New Jersey's long-standing commitment to individual dignity, informed consent, and the fundamental right of competent adults to make …

26:16-20 Form for request of medication. 20. A written request for a medication as authorized by P.L.2019, c.59 (C.26:16-1 et al.) shall be in substantially the following form: REQUEST FOR MEDICATION TO END MY LIFE IN A HUMANE AND DIGNIFIED MANNER I, . . . . . . . . . . . . . . .…

26:16-3 Definitions relative to medical aid in dying for the terminally ill. 3. As used in P.L.2019, c.59 (C.26:16-1 et al.): "Adult" means an individual who is 18 years of age or older. "Attending physician" means a physician licensed pursuant to Title 45 of the Revised Statutes…

26:16-4 Conditions for request for medication. 4. A terminally ill patient may make a written request for medication that the patient may choose to self-administer pursuant to P.L.2019, c.59 (C.26:16-1 et al.), if the patient: a. is an adult resident of New Jersey as demonstrated…

26:16-5 Form for valid written request for medication. 5. a. A valid written request for medication under P.L.2019, c.59 (C.26:16-1 et al.) shall be in substantially the form set forth in section 20 of P.L.2019, c.59 (C.26:16-20), signed and dated by the patient and witnessed by …

26:16-6 Responsibilities of attending physician. 6. a. The attending physician shall ensure that all appropriate steps are carried out in accordance with the provisions of P.L.2019, c.59 (C.26:16-1 et al.) before writing a prescription for medication that a qualified terminally i…

26:16-7 Conditions to be considered qualified terminally ill patient. 7. A patient shall not be considered a qualified terminally ill patient until a consulting physician has: a. examined that patient and the patient's relevant medical records; b. confirmed, in writing, the atten…

26:16-8 Determination of capability of patient. 8. a. If, in the medical opinion of the attending physician or the consulting physician, a patient requesting medication that the patient may choose to self-administer pursuant to P.L.2019, c.59 (C.26:16-1 et al.) may not be capable…

26:16-9 Notification of next of kin required; exception. 9. A qualified terminally ill patient shall not receive a prescription for medication that the patient may choose to self-administer pursuant to P.L.2019, c.59 (C.26:16-1 et al.) unless the attending physician has recommend…

26:17-1 Findings and declarations. 1. The Legislature finds and declares that: a. The New Jersey Statewide 2-1-1 telephone system is the national abbreviated dialing code for free access to health and human services information and referral; b. New Jersey's current Statewide 2-1-…

26:17-2 Department and corporation responsibilities. 2. The New Jersey Transit Corporation and the Department of Human Services shall partner with the Statewide 2-1-1 telephone system and shall be responsible for providing the appropriate information to the system so that all rel…

26:17-3 Information collection and maintenance. 3. The information collected and maintained by the New Jersey Transit Corporation, the Department of Human Services, and the Statewide 2-1-1 telephone system shall include: a listing of all current modes of public transit available …