Title 26, Title 26: HEALTH AND VITAL STATISTICS

26:2H-130 Findings, declarations relative to practitioner orders for life-sustaining treatment (POLST) forms. 2. The Legislature finds and declares that: a. Pursuant to the "New Jersey Advance Directives for Health Care Act," P.L.1991, c.201 (C.26:2H-53 et seq.), this State has s…

26:2H-131 Definitions relative to POLST forms. 3. As used in sections 1 through 12 of this act: "Advance directive" means an advance directive for health care as defined in section 3 of P.L.1991, c.201 (C.26:2H-55). "Advanced practice nurse" or "APN" means a person who is certifi…

26:2H-132 Encouragement of public awareness, understanding of POLST form. 4. It shall be the public policy of this State to encourage public awareness and understanding of the Practitioner Orders for Life-Sustaining Treatment form as a means of enabling patients in this State to …

26:2H-132.1 End-of-life care public awareness campaign. 1. a. The Commissioner of Health shall establish a public awareness campaign to foster community-wide discussions and to promote early conversations about advance care planning and patient preferences to improve decision-mak…

26:2H-132.2 Requirements for certain facilities concerning end-of-life care. 1. a. Assisted living facilities, dementia care homes, nursing homes, assisted living residences, comprehensive personal care homes, residential health care facilities, hospitals, and long-term care faci…

26:2H-133 Designation of Patient safety organization; responsibilities. 5. The Commissioner of Health shall designate a patient safety organization (PSO) operating in this State pursuant to the federal "Patient Safety and Quality Improvement Act of 2005," Pub.L.109-41, to carry o…

26:2H-134 Treatment of patient in accordance with POLST form. 6. a. A health care professional, health care institution, or emergency care provider shall treat a patient who has a completed POLST form in accordance with the information contained therein, except as otherwise provi…

26:2H-135 Modification, supersedure of POLST form. 7. a. If the goals of care of a patient with a completed POLST form change, the patient's attending physician, physician assistant, or APN may, after conducting an evaluation of the patient and after obtaining informed consent fr…

26:2H-136 Procedure in event of disagreement. 8. a. In the event of a disagreement among the patient, the patient's representative, and the patient's attending physician, physician assistant, or APN concerning the patient's decision-making capacity or the appropriate interpretati…

26:2H-137 Construction of act. 9. Nothing in this act shall be construed to: a. abridge a patient's right to refuse treatment under either the United States Constitution or the Constitution of the State of New Jersey; b. impair the obligations of a health care professional to pro…

26:2H-138 Immunity from liability. 10. a. A patient's representative shall not be subject to criminal or civil liability for any action taken by that individual to carry out the terms of a completed POLST form that is performed in good faith and in accordance with the provisions …

26:2H-139 Intentional failure to act, penalties, degree of crime. 11. a. A health care professional who intentionally fails to act in accordance with the requirements of this act is subject to discipline for professional misconduct pursuant to section 8 of P.L.1978, c.73 (C.45:1-…

26:2H-14 Unlicensed health care facility; rules; violations; penalties. 14. Any person, firm, partnership, corporation or association who shall operate or conduct a health care facility without first obtaining the license required by this act, or who shall operate such health car…

26:2H-14.1. Definitions As used in this act: a. "Department" means the State Department of Health. b. "Heat emergency" means an indoor air temperature of 85 degrees Fahrenheit or higher for a continuous period of four hours or longer. L.1984, c. 114, s. 1, eff. Aug. 3, 1984.

26:2H-14.10 Definitions relative to health care worker, patient safety. 3. As used in this act: "Assisted patient handling" means patient handling using: mechanical patient handling equipment including, but not limited to, electric beds, portable base and ceiling track-mounted fu…

26:2H-14.11 Establishment of safe patient handling program; requirements. 4. Within 36 months of the effective date of this act, each covered health care facility shall establish a safe patient handling program to reduce the risk of injury to both patients and health care workers…

26:2H-14.12 Safe patient handling committee. 5. a. Within 12 months of the effective date of this act: (1) each covered health care facility shall establish a safe patient handling committee, which shall be responsible for all aspects of the development, implementation and period…

26:2H-14.13 Certain retaliatory actions against health care worker prohibited. 6. A covered health care facility shall not take any retaliatory action against any health care worker because that worker refuses to perform a patient handling task due to a reasonable concern about w…

26:2H-14.14 Violations, penalties. 7. 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 Department of Health may determine pursuant to sections 13 and…

26:2H-14.15 Rules, regulations. 8. The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), within 12 months of the date of enactment of this act, to carry out the purposes of this act. L.20…

26:2H-14.2 Heat emergency action plan. 2. a. Every nursing home as defined in section 2 of P.L.1976, c.120 (C.30:13-2) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), every residential health care facility as defined in section 1 of P.L.1953, c.212 (C.30:11A-1) or li…

26:2H-14.3 Rules, regulations relative to air conditioning, adequate ventilation. 3. The Commissioner of Health shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the p…

26:2H-14.4 Air conditioning, heating required in certain facilities. 2. a. A nursing home or residential health care facility included within the provisions of P.L.1984, c.114 (C.26:2H-14.1 et seq.) which is constructed or expanded after the effective date of P.L.1989, c.173 (C.2…

26:2H-14.4a Grant of waiver due to unusual events beyond control of facility. 3. The Commissioner of Health may grant a waiver to a nursing home or residential health care facility in the case of any unusual event which results from natural or unnatural causes beyond the control …

26:2H-14.5. Requirements for handling of security deposits paid to residential health care facility 1. If a residential health care facility requires a security deposit advanced prior to the admission of a person to the residential health care facility, the money or other form of…

26:2H-14.6. Commingling of security deposits, conditions 2. A residential health care facility shall not be required to segregate a security deposit held on behalf of a resident on the effective date of this act from other funds used to operate the facility if the facility compli…

26:2H-14.7. Violations; cause of action 3. A person shall have a cause of action against the residential health care facility for any violation of this act. The Department of Health may maintain an action in the name of the State to enforce the provisions of this act and any rule…

26:2H-14.8 Short title. 1. This Act shall be known and may be cited as the "Safe Patient Handling Act." L.2007, c.225, s.1.

26:2H-14.9 Findings, declarations relative to health care worker, patient safety. 2. The Legislature finds and declares that: a. In New Jersey, nurses, nurse aides, orderlies and attendants, combined, have the highest number of nonfatal occupational injuries and illnesses involvi…

26:2H-140 Ensurance of compliance. 12. The commissioner may take such actions to ensure compliance with the provisions of sections 1 through 11 of this act by the patient safety organization designated pursuant to section 5 of this act, by any health care facility licensed pursua…

26:2H-141 Short title. 1. This act shall be known and may be cited as the "Children's Sudden Cardiac Events Reporting Act." L.2013, c.143,s.1.

26:2H-142 Findings, declarations relative to children's sudden cardiac events. 2. The Legislature finds and declares that: a. A great deal of information is needed by schools and communities throughout New Jersey in order to improve the survival of children who experience sudden …

26:2H-143 Definitions relative to children's sudden cardiac events. 3. As used in this act: "Child" means a child who is under 19 years of age. "Commissioner" means the Commissioner of Health. "Department" means the Department of Health. "Health care professional" means a physici…

26:2H-144 Report to department. 4. a. A health care professional who makes the diagnosis of a sudden cardiac event in a child, or who makes the actual determination and pronouncement of death for a child, as applicable, shall report the sudden cardiac event to the department on a…

26:2H-145 Children's Sudden Cardiac Events Registry. 5. a. The department shall establish and maintain an up-to-date Children's Sudden Cardiac Events Registry, which shall include a record of all sudden cardiac events that are reported pursuant to this act and any other informati…

26:2H-146 Children's Sudden Cardiac Events Review Board. 6. a. The commissioner shall establish the Children's Sudden Cardiac Events Review Board in the department. (1) The purpose of the board shall be to review and evaluate the information reported to the department pursuant to…

26:2H-147 Rules, regulations. 7. 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 effectuate the purposes of this act. L.2013, c.143,s.7.

26:2H-148 Definitions relative to dementia care homes. 17. As used in sections 18 through 26 of P.L.2015, c.125 (C.26:2H-149 et seq.): "Alzheimer's disease and related disorders" means a form of dementia characterized by a general loss of intellectual abilities of sufficient seve…

26:2H-149 DOH responsible for licensure, inspections, standards relative to dementia homes. 18. a. (1) Notwithstanding any law, rule, or regulation to the contrary, commencing on or after the effective date of P.L.2015, c.125 (C.55:13B-5.1 et al.) and subject to the provisions of…

26:2H-15 Representation as health care facility by unlicensed facility; inspection; penalties; cease and desist order. 15. Whenever a residential health care facility, boarding house or rooming house, not licensed hereunder, by public or private advertising or by other means hold…

26:2H-150 Dementia care home. 19. a. A dementia care home shall be a facility, whether in single or multiple dwellings, whether public or private, whether incorporated or unincorporated, whether for profit or nonprofit, operated at the direction of or under the management of an i…

26:2H-151 Licensure required for dementia care home; violations, civil penalty. 20. a. (1) A person shall not operate a dementia care home, or offer, advertise, or hold out a facility as a dementia care home, hold out a building as available for occupancy by dementia care home re…

26:2H-152 Standards for dementia care homes. 21. The commissioner shall establish standards to ensure that each dementia care home is constructed and operated in such a manner as will protect the health, safety, and welfare of its residents and at the same time preserve and promo…

26:2H-153 Waiver of certain requirements for certain facilities. 22. a. Notwithstanding the provisions of any other law or regulation to the contrary, the commissioner may grant, to a dementia care home that is operating as a rooming or boarding house that provides services to re…

26:2H-154 Rights of dementia care home residents. 23. a. Every resident of a dementia care home facility shall have the right: (1) To manage the resident's own financial affairs; (2) To wear the resident's own clothing; (3) To determine the resident's own dress, hair style, or ot…

26:2H-155 Provision of health care services. 24. A person who operates a dementia care home on or after the effective date of P.L.2015, c.125 (C.55:13B-5.1 et al.) shall not provide health care services in that facility. Nothing in this section shall be construed to prohibit a li…