Title 26, HEALTH AND VITAL STATISTICS

26:2-95. Program of care and treatment; establishment The State Department of Health shall establish a program for the care and treatment of children suffering from terminal illnesses. This program shall assist children suffering from such illnesses who require lifesaving care an…

26:2-96. Definitions For the purposes of this act: a. "Child" means any person under 21 years of age. b. "Terminal illness" means an illness for which there is no known cure and which ultimately ends in death, and which has been certified as such by two physicians licensed to pra…

26:2-97. Terminal illness advisory committee; members; term of office; meetings; compensation The commissioner shall appoint a Terminal Illness Advisory Committee, hereafter referred to as the committee, to consult with the department in the administration of this act. The commit…

26:2-98. Powers and duties of department The department shall: a. With the advice of the committee, develop standards for determining eligibility for care and treatment under this program. b. Assist in the development and expansion of programs for the care and treatment of childr…

26:2-99. Right to refuse medical examination, diagnosis or treatment on religious grounds Nothing in this act shall be construed to compel any person to undergo any medical screening, examination, diagnosis, or treatment or to accept any other health care (other than for the purp…

26:2A-1. Program to collect, process, store and distribute; educational and research activities; rules; cooperation The Department of Health is hereby authorized to establish, equip, maintain and conduct a suitable program to collect, process, store and distribute human blood, an…

26:2A-10. Enforcement by commissioner; authority; obstruction of performance The commissioner shall enforce the provisions of this act and may make complaints against persons violating its provisions or the rules or regulations issued thereunder and prosecute violations of same. …

26:2A-11. Existence of violations at blood bank dangerous to public health; order of commissioner; hearing; injunctive relief If the commissioner shall have reason to believe that a condition exists or has occurred at a blood bank, in violation of the provisions of this act, whic…

26:2A-12. Violations; penalties 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, to be established by the commissioner, of not less than $100.00 nor more than $1,000.00 and for the second and ea…

26:2A-13. Short title This act shall be known and may be cited as the "Blood Safety Act of 1991." L.1991,c.131,s.1.

26:2A-14. Patient to be informed of blood transfusion options a. Whenever a blood transfusion may be necessary during a surgical procedure, a physician or surgeon shall inform the surgery patient, prior to performing the surgical procedure, of the options of receiving autologous …

26:2A-15. Health care facility required to accept autologous, designated blood a. A health care facility which performs a transfusion shall be required to accept autologous or designated blood for a potential transfusion to a patient, if the blood is received from a blood bank li…

26:2A-16. Blood bank to inform donor, patient of fees A blood bank which collects autologous or designated blood shall inform the donor of the blood or the intended recipient of the blood, in the case of a designated blood transfusion, of all fees that the blood bank charges to p…

26:2A-17 Definitions relative to human milk banks. 1. For the purposes of this act: "Collection" means the obtaining of donated human breast milk. "Commissioner" means the Commissioner of Health. "Department" means the Department of Health. "Distribution" means the removal of don…

26:2A-18 Criteria for operation of a human milk bank. 2. a. A person shall not operate a human milk bank that is located in this State or distributes donated human milk in this State unless the human milk bank is accredited by, and registered with, the department pursuant to this…

26:2A-19 On-site facility inspections. 3. The department shall conduct an on-site facility inspection of each registered human milk bank at least once every five years, and shall inspect documents, records, files, or other data maintained by a human milk bank during normal operat…

26:2A-2. Public policy The public policy of this State is to safeguard the health and well-being of the citizens of this State with reference to the use of blood in the treatment of many human diseases, as well as its use in treatment of injuries as a result of casualties or disa…

26:2A-20 Civil actions authorized under certain circumstances; additional relief; appeal. 4. a. The commissioner is authorized to institute a civil action in a court of competent jurisdiction for injunctive relief to enjoin the operation of a human milk bank whenever the commissi…

26:2A-21 Violations, penalties. 5. a. Any person who operates a human milk bank that is not accredited and registered pursuant to this act, or who has used fraud or misrepresentation in obtaining accreditation or registration or in the subsequent operation of a human milk bank, o…

26:2A-22 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 necessary to effectuate the purposes of this act. L.2017, c.247, s.6.

26:2A-23 Findings, declarations relative to embryo storage facilities. 1. The Legislature finds and declares that: a. In vitro fertilization, commonly known as IVF, is an accepted and widely used method of assisted reproductive technology (ART). ART has helped an estimated six mi…

26:2A-24 Definitions relative to embryo storage facilities. 2. As used in this act: "Commissioner" means the Commissioner of Health. "Department" means the Department of Health. "Embryo storage facility" means a facility which cryopreserves and stores human eggs, pre-embryos, and…

26:2A-25 Licensure for embryo storage facility. 3. a. No person shall conduct, maintain, or operate an embryo storage facility in this State unless licensed by the department pursuant to the provisions of this act. A separate license shall be required for each embryo storage faci…

26:2A-26 Rules, regulations. 4. a. The department shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) governing the storage and care of human eggs, pre-embryos, and embryos by an embryo storage facility in ac…

26:2A-27 Application for licensure. 5. Any person operating an embryo storage facility on or after the effective date of this act or desiring to operate an embryo storage facility shall make application for licensure in a manner and on forms prescribed by the commissioner. The li…

26:2A-28 Fees for licensure. 6. a. The commissioner shall establish a minimum fee to be paid by each embryo storage facility at the time of application for a license and at every renewal of a license. b. The income received from licensure and renewal fees pursuant to this section…

26:2A-29 Denial, suspension, revocation, refusal to renew license. 7. The department may deny, suspend, revoke, or refuse to renew a license for good cause, including, but not limited to: a. Failure of an embryo storage facility or its operator to comply with the provisions of th…

26:2A-3. Definitions For the purposes of this act, unless otherwise required by the context: (a) "Act" means this act and any rule or regulation adopted hereunder: (b) "Person" means a natural person, partnership, association, corporation, institution, agency, or other similar ty…

26:2A-30 Notice, hearing. 8. a. The department, before denying, suspending, revoking, or refusing to renew a license, shall give notice to the operator personally, or by certified or registered mail to the last known address of the operator with return receipt requested. The noti…

26:2A-31 Violations, third degree crime. 9. Any person who operates or assists in the operation of an embryo storage facility which does not have a license, who has used fraud or misrepresentation in obtaining a license or in the subsequent operation of a facility, who offers, ad…

26:2A-4. License required, expiration, fees, display of license 3. a. No person shall hereafter operate or conduct a blood bank in this State unless duly licensed by the commissioner under the provisions of this act. The licenses required by this act shall be in addition to any o…

26:2A-5. Issuance; application; renewal A license shall be issued to any person who has been conducting a blood bank prior to the effective date of this act upon submission of a properly completed application form and payment of an application fee of $25.00. Said license shall be…

26:2A-6. Donor registration statement No licensee shall collect blood hereafter unless he has first obtained from the prospective donor a completed registration statement which shall set forth the name and address of the donor and shall contain such other information as the rules…

26:2A-7. Standards; rules and regulations; contents (a) The standards of operation for blood banks, including standards for the collection, processing, storage, and distribution of blood for therapeutic or prophylactic purposes shall be established by rules and regulations adopte…

26:2A-8. Suspension or revocation of license Any license issued in accordance with the provisions of this act may be suspended or revoked by the commissioner for a violation of any of the provisions of this act. L.1963, c. 33, s. 7.

26:2A-9. Notice and hearing The commissioner, before refusing to grant a license, or before suspending or revoking a license previously granted, except as hereinafter provided in section 10 of this act, shall give notice to the applicant or licensee personally, or by mail address…

26:2AA-1 Short title. 1. This act shall be known and may be cited as the "Reflex Sympathetic Dystrophy Syndrome Education and Research Program Act." L.2007, c.255, s.1.

26:2AA-10 Report to Governor, Legislature. 4. The advisory council shall report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, no later than December 31st, on a biennial basis, starting in the second year next following the enact…

26:2AA-2 Findings, declarations relative to reflex sympathetic dystrophy syndrome (RSDS) education and research program. 2. The Legislature finds and declares that: a. Reflex sympathetic dystrophy syndrome (RSDS), also known as complex regional pain syndrome, is a debilitating an…

26:2AA-3 Definitions relative to RSDS. 3. As used in this act: "Commissioner" means the Commissioner of Health; and "Reflex sympathetic dystrophy syndrome" or "RSDS" means a debilitating and progressively chronic condition characterized by severe burning pain, pathological change…

26:2AA-4 Establishment of education and research program. 4. The commissioner shall establish a reflex sympathetic dystrophy syndrome education and research program in the Department of Health. The purpose of the program is to promote public awareness of the causes of RSDS, the v…

26:2AA-5 Responsibilities of Department of Health. 5. The Department of Health shall: a. establish a public education program through the department's website, to promote RSDS education, which will enable individuals to make informed decisions about their health, including, but n…

26:2AA-6 Powers of commissioner concerning funding. The commissioner may accept and expend any grants, awards or other funds or appropriations as may be made available for the purposes of this act. L.2007, c.255, s.6.

26:2AA-7 Findings, declarations relative to orphan disease. 1. The Legislature finds and declares: a. A rare disease is defined as a disease that affects fewer than 20,000 people. Rare diseases are sometimes called orphan diseases. There are 7,000 rare diseases affecting approxim…

26:2AA-8 New Jersey Rare Disease Advisory Council, established. 2. There is established the New Jersey Rare Disease Advisory Council in the Department of Health which shall advise the Legislature, State departments, agencies, commissions, and authorities, and private agencies pro…

26:2AA-9 Purpose of council. 3. The purpose of the advisory council shall be to: a. act as the advisory body on rare diseases to the Legislature and State departments, agencies, commissions, authorities, and private agencies that provide services to, or are charged with the care …