New Jersey Revised Statutes Title 26 - Health And Vital Statistics

• Section 26:1-1 - Terms Defined
  As used in this Title unless otherwise specifically indicated: "State department," "department of health" and "department" mean the State Department of Health; "Commissioner" or...
• Section 26:1a-1 - Definitions
  As used in this act, unless otherwise specifically indicated, "State Department," "Department of Health" and "department" mean the State Department of Health; "Commissioner" means...
• Section 26:1a-2 - State Department Of Health Established
  There is hereby established in the Executive Branch of the State Government a principal department which shall be known as the State Department of...
• Section 26:1a-2.1 - Redesignation As Department Of Health, Commissioner Of Health.
  93. a. The Department of Health, established pursuant to P.L.1947, c.177 (C.26:1A-1 et seq.), and continued and constituted and redesignated as the Department of...
• Section 26:1a-3 - State Commissioner Of Health; Deputy Commissioner For Public Health Services
  3. a. The head and chief administrative officer of the department shall be the State Commissioner of Health, who shall be appointed by the...
• Section 26:1a-4 - Public Health Council.
  4.There shall be in the department a Public Health Council which shall consist of 10 members, each of whom shall be chosen with due...
• Section 26:1a-5 - Divisions; Directors
  There shall be within the department such divisions as the commissioner may, subject to approval by the Public Health Council, from time to time...
• Section 26:1a-6 - Meetings Of Public Health Council
  The Public Health Council shall enact and from time to time may amend rules in relation to its meetings and the transaction of its...
• Section 26:1a-7 - State Sanitary Code
  7.The Public Health Council shall have power, by the affirmative vote of a majority of all its members, to establish, and from time to...
• Section 26:1a-8 - Regulations To State Date; Copies; Certified Copies Of Sanitary Code; Evidence
  Every sanitary regulation or amendment thereto or repealer thereof adopted in accordance with the provisions of section seven of this act shall state the...
• Section 26:1a-9 - Force And Effect Of Code; Enforcement; Local Regulations
  The provisions of the State Sanitary Code shall have the force and effect of law. Such code shall be observed throughout the State and...
• Section 26:1a-9.1 - Exemption For Pupils From Mandatory Immunization; Interference With Religious Rights; Suspension
  Provisions in the State Sanitary Code in implementation of this act shall provide for exemption for pupils from mandatory immunization if the parent or...
• Section 26:1a-10 - Violation Of State Sanitary Code, Penalty
  10. Each violation of any provision of the State Sanitary Code shall constitute a separate offense and shall be punishable by a penalty of...
• Section 26:1a-11 - Additional Powers Of Public Health Council
  In addition to its powers and duties otherwise provided in this act, the Public Health Council may: a. Request from the commissioner such information,...
• Section 26:1a-12 - Local By-laws Or Ordinances To Be Filed With Commissioner; Modification Or Annulment
  Every local board of health shall file with the commissioner a certified copy of every by-law or ordinance of such board immediately upon passage...
• Section 26:1a-13 - Prescribing Organization; Personnel, Duties Regarding; Civil Service
  The commissioner shall, subject to approval by the Public Health Council, prescribe the organization of the department. He shall, subject to the provisions of...
• Section 26:1a-14 - Abolishment Of Offices Or Positions
  Subject to approval by the Public Health Council, the commissioner may, subject to any provisions of Title 11 of the Revised Statutes relating thereto,...
• Section 26:1a-15 - Additional Powers Of Commissioner
  The commissioner, in addition to his powers and duties otherwise provided in this act or by any other law, shall: a. Exercise all functions...
• Section 26:1a-15.1 - Advisory Board On Health Information Electronic Data Interchange Technology, Statewide Electronic Health Record Policy.
  11.The Commissioner of Health, in consultation with the Commissioner of Banking and Insurance, shall establish an advisory board to make recommendations to the commissioners...
• Section 26:1a-15.2 - Annual Report To Governor, Legislature.
  12.The Commissioner of Health, in conjunction with the Commissioner of Banking and Insurance, shall present an annual report to the Governor and the Legislature...
• Section 26:1a-16 - Access To Premises For Examination
  The commissioner shall have full access to any premises for the purpose of examination if he has reason to believe that on the premises...
• Section 26:1a-17 - Inspection, Right Of
  The commissioner shall have the same right of inspection in regard to all matters affecting the public health as has been or may be...
• Section 26:1a-18 - General Supervision Over Sanitation And Hygiene Matters
  The commissioner shall exercise general supervision over all matters relating to sanitation and hygiene throughout the State. Whenever in the opinion of the commissioner...
• Section 26:1a-19 - Sanitary Inspections
  The commissioner may make a sanitary inspection of any person or property in transportation through the State, and of any car, boat, or other...
• Section 26:1a-20 - Local Health Officials, Duties Of
  Every local health official shall furnish the commissioner with such information as the commissioner may demand, and shall perform such acts as the commissioner...
• Section 26:1a-21 - Annual Conference Of Local Health Officials
  At least once in every year the commissioner shall call together local health officials for a general conference on the subject of the health...
• Section 26:1a-22 - Delegates To Annual Conference; Expenses
  Each local board of health may appoint one or more of its members, officers, or employees as a delegate or delegates to attend the...
• Section 26:1a-23 - Failure Of Local Boards To Enforce Laws Or Regulations; Order Of Commissioner
  The commissioner shall call to the attention of any local board of health, by such notice as he may deem reasonable, any failure on...
• Section 26:1a-24 - Contract Of Commissioner Where Local Board Fails To Perform
  Any contracts which the commissioner may make for the purpose of carrying out the power given to him in the second paragraph of section...
• Section 26:1a-25 - Recovery By State Of Moneys Expended Where Local Board Fails To Perform
  Any moneys expended by the State, and the amount of all obligations incurred by the State Department, to comply with the orders mentioned in...
• Section 26:1a-26 - Nuisances; Notice To Local Board
  Whenever any nuisance or source of foulness within the territorial jurisdiction of any local board of health is of such a nature that, in...
• Section 26:1a-27 - Action To Enjoin Nuisance
  If no action for abatement, as provided in section twenty-six of this act shall be taken by the local board within the time specified...
• Section 26:1a-28 - Nuisances Originating Outside Territorial Jurisdiction
  Whenever any nuisance or foul odors injurious to the public health within the territorial jurisdiction of a local board shall have a source of...
• Section 26:1a-30 - Abatement Of Nuisance; Costs
  In every such action in which it shall be ascertained by the court that the nuisance or source of foulness or ill health existed...
• Section 26:1a-31 - Costs Against Commissioner
  In case no such nuisance or source of foulness or ill health shall be found to exist, costs shall not be awarded against the...
• Section 26:1a-32 - Approval Of Department Of Health; Examination Of Plan Or Proposed Undertaking
  Whenever the approval of the Department of Health is required to any act, plan, paper, or proposed undertaking, the commissioner or one of the...
• Section 26:1a-33 - Analyses And Examinations Of Materials
  The commissioner may cause to be made, in the State laboratory, analyses and examinations of samples of water, food, drugs, pathological materials and similar...
• Section 26:1a-34 - Gifts Or Bequests, Acceptance Of
  Subject to approval by the Governor and the Public Health Council, the commissioner may accept and administer for the State any grant, gift or...
• Section 26:1a-35 - Services Of Local Or Federal Officials, Acceptance Of
  Subject to approval by the Public Health Council, the commissioner may accept the services of any local or Federal official or agency in such...
• Section 26:1a-36 - Federal Grants
  Subject to approval by the Governor and the Public Health Council, the commissioner may apply for and accept grants from the Federal Government or...
• Section 26:1a-36.1 - Short Title
  This act shall be known and may be cited as the "Supplemental Nutrition Assistance Contingency Fund Act." L. 1987, c. 261, s. 1.
• Section 26:1a-36.2 - Findings, Declarations
  The Legislature finds and declares that: a. The federal "WIC" program provides nutritious foods to low-income pregnant and lactating women and infants and children...
• Section 26:1a-36.3 - Special Fund Established
  There is established in the General Fund the "Supplemental Nutrition Assistance Contingency Fund" as a special fund. The State Treasurer shall credit the fund...
• Section 26:1a-36.3a - Wic Supplemental Food Program Administrators, Duties
  29. The director or other chief administrative officer of each agency or office distributing food pursuant to the special supplemental food program for women,...
• Section 26:1a-36.3b - Temporary Authorization Of Vendor.
  1.The WIC Services Unit in the Department of Health shall temporarily authorize a vendor that applies to participate in the federal Special Supplemental Nutrition...
• Section 26:1a-36.3c - Rules, Regulations.
  2.The Commissioner of Health may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate...
• Section 26:1a-36.4 - Allocation Procedure
  If the Commissioner of the Department of Health determines that an allocation from the contingency fund is required as a result of overspending beyond...
• Section 26:1a-36.5 - Regulations
  6. The Commissioner of Health, in consultation with the Commissioner of Human Services, shall adopt regulations to establish procedures for the voluntary administration of...
• Section 26:1a-36.6 - Findings, Declarations
  1. The Legislature finds and declares that: a. It is in the best interests of the State to provide a comprehensive system of early...
• Section 26:1a-36.7 - Early Intervention Services Established.
  2.The Department of Health, in conjunction with the Departments of Education and Human Services, shall establish a Statewide system of early intervention services for...
• Section 26:1a-36.7a - Activities Of Early Intervention Program Relative To Autism Spectrum Disorders.
  2.The Early Intervention Program in the Department of Health, established pursuant to section 2 of P.L.1993, c.309 (C.26:1A-36.7), shall conduct activities to address the...
• Section 26:1a-36.8 - Rules, Regulations
  3. The Department of Health, in consultation with the Departments of Education and Human Services, shall adopt rules and regulations pursuant to the "Administrative...
• Section 26:1a-36.9 - Findings, Declarations, "Off-label" Drugs
  1. The Legislature finds and declares that: a. Many citizens of this State rely upon health insurance to cover the cost of obtaining health...
• Section 26:1a-36.10 - Rules, Regulations.
  8. The Commissioner of Insurance, after consultation with the Commissioner of Health, shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410...
• Section 26:1a-36.11 - Short Title
  1. This act shall be known and may be cited as the "Health Wellness Promotion Act." L.1993,c.327,s.1.
• Section 26:1a-36.12 - Findings, Declarations
  2. The Legislature finds and declares that the development of health promotion and health-risk reduction programs will serve the best interests of the public...
• Section 26:1a-37 - Policies, Formulation Of; Additional Powers And Duties Of Department
  The department shall formulate comprehensive policies for the promotion of public health and the prevention of disease within the State. It shall in addition...
• Section 26:1a-37.1 - Charges For Reports Of Statistical Data
  1. The State Commissioner of Health may, with the approval of the Director of the Division of Budget and Accounting in the Department of...
• Section 26:1a-37.2 - Information And Data Confidential; Disclosure; Exceptions
  Information and data in the possession of the State Department of Health, pertaining to the health of any named person, procured in connection with...
• Section 26:1a-37.3 - Liability For Furnishing Information Or Data
  No person may be held liable for damages or otherwise prejudiced in any manner by reason of furnishing information or data pertaining to the...
• Section 26:1a-37.4 - Unlawful Disclosure; Violation
  Any person who reveals or discloses any information or data pertaining to the health of any named person in violation of this act is...
• Section 26:1a-37.5 - Definitions Relative To New Jersey Council On Physical Fitness And Sports
  1.As used in this act: "Council" means the New Jersey Council on Physical Fitness and Sports. "Physical Fitness" means good or improved life-style habits...
• Section 26:1a-37.6 - New Jersey Council On Physical Fitness And Sports.
  2.There is established in the Department of Health a New Jersey Council on Physical Fitness and Sports which shall serve the citizens of the...
• Section 26:1a-37.7 - Council, Members, Terms, Compensation, Administration.
  3. a. The council shall consist of 16 members, including: the Commissioner of Health, or the commissioner's designee, who shall serve as an ex...
• Section 26:1a-37.8 - Powers, Duties Of Council
  4.The council shall have the powers and duties to: a.Enlist the active support and assistance of individual citizens, civic groups, private enterprise, voluntary organizations...
• Section 26:1a-37.9 - Acceptance Of Grants, Gifts
  5.The council is authorized and empowered to accept from the State government, or any instrumentality thereof, or from any person, firm, or corporation in...
• Section 26:1a-37.10 - Annual Report To Governor, Legislature
  6.The council shall submit an annual report to the Governor and the Legislature, including therein suggestions and recommendations for protecting and improving the physical...
• Section 26:1a-38 - Qualifications For Licensing Of Health Officers, Registered Environmental Health Specialists.
  38.The Public Health Council shall prescribe the qualifications necessary for the licensing of health officers and registered environmental health specialists and shall prescribe the...
• Section 26:1a-39 - Examinations For Applicants For Licensure.
  39. The commissioner in consultation with the Public Health Council shall cause examinations to be conducted in such manner and at such times and...
• Section 26:1a-40 - Examinations; Subjects
  Every such examination shall be in such public health subjects as the commissioner shall direct. L.1947, c. 177, p. 808, s. 40.
• Section 26:1a-41 - Issuance Of Licenses For Health Officer, Registered Environmental Health Specialist.
  41.The commissioner shall, in the name of the department, issue the following licenses: a.Health officer's license; b.(Deleted by amendment, P.L.1997, c.416). c.(Deleted by amendment,...
• Section 26:1a-42 - Issuance Of Initial License.
  42.Each applicant whose examination shall be approved by the commissioner shall receive the initial license to which his examination may entitle him. All licenses...
• Section 26:1a-42.1 - Preparation, Adoption Of Fee Schedule.
  19.The commissioner shall prepare a fee schedule to cover the reasonable administrative costs associated with examination and licensing procedures and submit the fee schedule...
• Section 26:1a-43 - Suspension, Revocation Of License.
  43.Any license issued in accordance with the provisions of this article, and any health officer's license or sanitary inspector's license heretofore issued by the...
• Section 26:1a-45 - Hearing Before Whom; Rules
  Whenever it is necessary for the Department of Health to hold any hearing or to make any investigation, under any law or rule, the...
• Section 26:1a-46 - Administering Oaths; Examining Witnesses; Perjury
  The commissioner and any member of the department authorized for such purpose by him, may, in any part of the State, administer oaths and...
• Section 26:1a-47 - Subpoenas
  The commissioner may issue subpoenas, signed by him requiring the attendance of witnesses and the production of books and papers in any part of...
• Section 26:1a-48 - Failure To Obey Subpoena; Penalty
  Any person who, being served with a subpoena issued pursuant to the provisions of section forty-seven of this act, shall fail to attend or...
• Section 26:1a-49 - Action For Penalty Under Section 26:1a-48
  The Attorney General shall prosecute the action for the recovery of the penalty prescribed in section forty-eight of this act when requested so to...
• Section 26:1a-50 - Establishment Of Districts; District State Health Officers; Civil Service; Duties
  The commissioner may, subject to approval by the Public Health Council, from time to time establish such health districts as he may deem necessary....
• Section 26:1a-51 - Perth Amboy Port Health Offices Abolished
  The offices of Perth Amboy Port health officer and deputy Perth Amboy Port health officer are hereby abolished. The terms of office of the...
• Section 26:1a-52 - Transfer Of Powers, Duties, Records And Property
  The functions, powers, duties, records and property of the present State Department of Health and of the Perth Amboy Port health officer are hereby...
• Section 26:1a-53 - Expiration Of Terms Of Existing State Board Of Health Members
  The terms of office of all the members of the present State Board of Health shall expire on the thirtieth day of June, one...
• Section 26:1a-54 - Expiration Of Term Of State Director Of Health
  The term of office of the present State Director of Health shall expire on the thirtieth day of June, one thousand nine hundred and...
• Section 26:1a-55 - Transfer Of Powers And Duties Of State Board Of Health And Director Of Health To State Department Of Health
  The functions, powers and duties of the State Board of Health and the functions, powers and duties of the present Director of Health are...
• Section 26:1a-56 - Existing State Sanitary Code Regulations To Continue Until Superseded
  The regulations contained in the present State Sanitary Code shall continue with full force and effect until superseded pursuant to sections seven and eight...
• Section 26:1a-57 - Appropriations Transferred
  All appropriations available and to become available to the present State Department of Health and all appropriations available and to become available to the...
• Section 26:1a-58 - Employees Transferred
  The employees of the present State Department of Health, except as otherwise provided in this act, are hereby transferred to the State Department of...
• Section 26:1a-59 - Rights Under Civil Service And Pension Or Retirement Laws Preserved
  Nothing in this act shall be construed to deprive any person of any right or protection provided him by Title 11 of the Revised...
• Section 26:1a-60 - Quarters For Department
  The department shall be provided with suitable quarters which shall be sufficient to house all of the divisions of the department within the same...
• Section 26:1a-61 - State Department Of Health, References As Meaning; Powers Of Commissioner Of Health
  Whenever the terms "State Board of Health," "State Department of Health" and "Department of Health" occur or any reference is made to any of...
• Section 26:1a-62 - State Commissioner Of Health, References As Meaning
  Whenever the terms "State Director of Health," "Perth Amboy Port health officer" and "deputy Perth Amboy Port health officer" occur or any reference is...
• Section 26:1a-63 - Pending Proceedings
  This act shall not affect actions or proceedings, civil or criminal, brought by or against the State Board of Health or the State Department...
• Section 26:1a-64 - Repeal
  The following sections of the Revised Statutes are hereby repealed: Revised Statutes, sections 26:2-1 to 26:2-55, inclusive, 26:4-111, 26:4-114 and 26:4-115. L.1947, c. 177,...
• Section 26:1a-65 - Liberal Construction
  This act is intended to protect the public health in this State and shall be liberally construed. L.1947, c. 177, p. 816, s. 66.
• Section 26:1a-66 - Construction In Regard To Specific Matters; No Denial Of Certain Rights
  This act shall not be construed to deny the right of a person, parent, guardian or custodian to treat or provide treatment for himself...
• Section 26:1a-67 - Powers And Duties Vested In State Department Of Labor Or State Commissioner Of Labor Not Affected
  The powers, duties and functions vested in the State Department of Health under the provisions of this act shall not be construed to affect...
• Section 26:1a-68 - Effective Date
  This act shall take effect on the first day of July, one thousand nine hundred and forty-seven, except that any appointment and any confirmation...
• Section 26:1a-69 - Bureau Of Examination And Licensing Established
  There is hereby established in the State Department of Health a Bureau of Examination and Licensing. L.1948, c. 444, p. 1749, s. 3. Amended...
• Section 26:1a-70 - State Board Of Barber Examiners, Department Of Beauty Culture And Board Of Beauty Culture Control Transferred
  The State Board of Barber Examiners, the department of beauty culture control, and the board of beauty culture control, and all of their respective...
• Section 26:1a-71 - Powers Of Boards And Agencies Within Bureau Of Examination And Licensing
  Subject to the restrictions and limitations contained in this act and except as otherwise provided herein, each of the respective boards and agencies within...
• Section 26:1a-72 - Boards Transferred To Continue As Provided By Existing Law
  This act shall not affect the terms of office of the present members of the respective boards enumerated in section four hereof. Such boards...
• Section 26:1a-73 - Removal Of Members Of Boards; Vacancies
  Any member of any of the boards enumerated in section four hereof may be removed from office by the Governor, for cause, upon notice...
• Section 26:1a-74 - Personnel; Appointment, Employment Or Removal; Compensation; Inspectors; Enforcement Agents
  The authority, vested pursuant to existing law in any of the boards or agencies enumerated in section four hereof, or in any member or...
• Section 26:1a-75 - Additional Powers And Duties Of State Commissioner Of Health
  In addition to other powers and duties specifically conferred and imposed upon him by this act or by any other law, the State Commissioner...
• Section 26:1a-76 - Transfer Of Personnel To Bureau Of Examination And Licensing; Inspectors And Enforcement Agents
  Such clerical, secretarial, recording or other personnel, except inspectors and enforcement agents, of each of the respective boards and agencies enumerated in section four...
• Section 26:1a-77 - Transfer Of Funds And Investments
  The treasurer or custodian of the funds of each of the respective boards and agencies enumerated in section four hereof shall, on the effective...
• Section 26:1a-78 - Fees, Fines, Penalties And Other Moneys; Disposition
  Notwithstanding the provisions of any other law to the contrary: (1) All license, certificate, permit, registration and renewal fees prescribed by law for any...
• Section 26:1a-79 - Budget Request For Appropriations
  On or before the fifteenth day of September in each year, each of the boards and agencies within the Bureau of Examination and Licensing...
• Section 26:1a-80 - Surplus; Disposition
  Any surplus remaining in any year to the credit of any of the boards or agencies within the Bureau of Examination and Licensing established...
• Section 26:1a-81 - Limitations On Appropriations
  Limitations on appropriations to any of the boards or agencies enumerated in section four hereof, contained in any existing law, shall, notwithstanding the provisions...
• Section 26:1a-82 - Transfer Of Employees Of Crippled Children's Commission
  Such employees of the State Crippled Children's Commission, as the State Commissioner of Health may, after consultation with such commission, determine are needed for...
• Section 26:1a-83 - Crippled Children's Commission Appropriations Transferred
  All appropriations available and to become available to the State Crippled Children's Commission are hereby transferred to the State Department of Health, and shall...
• Section 26:1a-84 - Barber And Beauty Culture Appropriations Transferred
  All appropriations available and to become available to the State Board of Barber Examiners, and all appropriations available and to become available to the...
• Section 26:1a-85 - Civil Service, Pension And Retirement Rights Not Affected
  Nothing in this act shall be construed to deprive any person of any right or protection provided him by Title 11 of the Revised...
• Section 26:1a-86 - Orders, Rules And Regulations Not Affected
  This act shall not affect the orders, rules and regulations heretofore made or promulgated by any of the respective boards or agencies enumerated in...
• Section 26:1a-87 - Pending Actions Or Proceedings
  This act shall not affect actions or proceedings, civil or criminal, brought by or against any of the respective boards or agencies enumerated in...
• Section 26:1a-88 - Professional Or Occupational Licenses Not Affected
  Nothing in this act shall affect the validity of any license, certificate of registration, or other authorization, heretofore issued to any person under any...
• Section 26:1a-89 - Repeal
  All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed....
• Section 26:1a-90 - Short Title
  This act shall be known as, and may be cited as, the "State Department of Health Act of 1948." L.1948, c. 444, p. 1756,...
• Section 26:1a-91 - Effective Date
  This act shall take effect on the first day of January, one thousand nine hundred and forty-nine, except that any appointment, and any confirmation...
• Section 26:1a-92 - Prevention Of Chronic Illness Act
  This act shall be known and may be cited as "The Prevention of Chronic Illness Act." L.1952, c. 102, p. 438, s. 1.
• Section 26:1a-93 - Declaration Of Public Policy
  The growing problem of prevention, detection and care of chronic illness, which is of such character as not to be exclusively medical, educational or...
• Section 26:1a-94 - Division Of Chronic Illness Control Established In Department Of Health
  There is hereby established within the Department of Health a Division of Chronic Illness Control for the prevention, early detection and control of chronic...
• Section 26:1a-95 - Supervision; Director
  The Division of Chronic Illness Control shall be under the immediate supervision of a director, who shall be a physician qualified in public health,...
• Section 26:1a-96 - Duties Of Division
  The division shall administer and provide for the carrying out of the programs required to perform the general functions provided by this act to...
• Section 26:1a-97 - State Department Of Health; Duties
  The State Department of Health shall within funds appropriated and available therefor be charged with the responsibility of carrying out the obligations herein assumed...
• Section 26:1a-102 - Health Funds Expenditure
  The State Department of Health shall administer the distribution and expenditure of moneys appropriated for the purposes described in section 6 of this act...
• Section 26:1a-103 - Annual Report By State Department Of Health; Recommendations
  The State Department of Health shall on or before the first day of October in each year report to the Governor setting forth in...
• Section 26:1a-104 - Department Of Education To Assist In Disseminating Information
  The Department of Education shall assist the Department of Health in disseminating information designed to acquaint and give to the general public greater insight...
• Section 26:1a-105 - Federal Moneys
  The State Department of Health is hereby authorized and empowered with the approval of the Governor to apply for and negotiate with the Federal...
• Section 26:1a-106 - Department Of Institutions And Agencies As Agency For Rendering Welfare Assistance
  Notwithstanding the provisions of this act, the Department of Institutions and Agencies shall continue to be the sole State agency for the rendering of...
• Section 26:1a-107 - Division Of Aging Services.
  1. There is hereby established in the Department of Human Services, a Division of Aging Services, consisting of a director and the New Jersey...
• Section 26:1a-108 - New Jersey State Commission On Aging Created
  2. There is hereby created the New Jersey State Commission on Aging, consisting of 15 citizen members. L.1957,c.72,s.2; amended 1966,c.61,s.3; 1995,c.346,s.1.
• Section 26:1a-109 - Members, Terms, Vacancies, Meetings, Bylaws
  3. The members of the Commission on Aging shall be appointed by the Governor, with the advice and consent of the Senate. The members...
• Section 26:1a-110 - Compensation Of Members; Expenses
  The members of the Commission on Aging shall serve without compensation, but the members of the commission shall be entitled to reimbursement for their...
• Section 26:1a-111 - Director; Compensation; Term
  The director shall be deemed to be a full-time State official and he shall be paid such compensation as shall be provided by law....
• Section 26:1a-112 - Appointment Of Staff, Compensation.
  6.The Commissioner of Human Services may appoint such professional, technical, and clerical assistants and employees as may be necessary to enable the division and...
• Section 26:1a-113 - Powers And Duties Of Division
  The division shall: (1) Maintain a continuous study, analysis and interpretation of all information, data, programs and developments pertaining to the aging processes and...
• Section 26:1a-113.1 - Powers And Duties Of Commission.
  9.The commission shall: (1)Furnish consultation and advice to the Division of Aging Services on programs designed to carry out the division's mandate. (2)Provide leadership...
• Section 26:1a-114 - Staff Of Division; Qualifications; Advisory Services; Professionally Trained Personnel
  The staff of the division should be qualified to provide consultative and advisory assistance to other State agencies and to local agencies or organizations...
• Section 26:1a-115 - Salaries And Expenses Of Division; Appropriations
  The Legislature, from time to time, shall provide for the salaries and expenses of the division by inclusion in any general or supplemental appropriation...
• Section 26:1a-115.1 - Agreements With Federal Government; Reimbursement.
  10.The Commissioner of Human Services, subject to the approval of the Governor, is authorized, on behalf of the State of New Jersey, to enter...
• Section 26:1a-121 - Appointments And Preliminary Action Prior To Operative Date Of Act
  Appointments may be made and preliminary action may be taken in advance of the going into operation of this act. L.1957, c. 72, p....
• Section 26:1a-122 - Effective Date; Operative Date
  This act shall take effect immediately but shall be inoperative for 90 days following its approval. L.1957, c. 72, p. 143, s. 16.
• Section 26:1a-123 - Findings, Declarations Relative To Women's Health.
  1.The Legislature finds and declares that: women tend to live seven years longer than men and are at greater risk of having chronic diseases;...
• Section 26:1a-124 - Office Of Women's Health.
  2.There is established the Office on Women's Health in the Department of Health. The office shall: a.Provide grants to community-based organizations to conduct special...
• Section 26:1a-125 - Appointment Of Director.
  3.The Commissioner of Health shall appoint a director for the office who shall serve at the pleasure of the commissioner during the commissioner's term...
• Section 26:1a-126 - Duties Of Office
  4.The office shall: a.Apply for and accept any grant of money from the federal government, private foundations or other sources, which may be available...
• Section 26:1a-127 - Women's Health Advisory Commission.
  5.There is established a Women's Health Advisory Commission. The commission shall consist of nine members, including the Commissioner of Health or his designee, who...
• Section 26:1a-128 - Duties Of Commission.
  6.The commission shall: a.Review and make recommendations to the Office on Women's Health on any rules, regulations and policies proposed by the office; b.Advise...
• Section 26:1a-129 - Annual Report To Legislature, Governor.
  7.The Office on Women's Health shall report annually, by September 1 of each year, to the Legislature and the Governor on the activities of...
• Section 26:1a-130 - Assistance, Services Available To The Office.
  8.The Office on Women's Health is entitled to call to its assistance, and avail itself of, the services of employees of any State, county...
• Section 26:1a-131 - Rules, Regulations.
  9.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.) to carry out the...
• Section 26:1a-132 - Short Title.
  1.This act shall be known and may be cited as the "New Jersey Health Information Technology Act." L.2007, c.330, s.1.
• Section 26:1a-133 - Findings, Declarations Relative To Health Information Technology.
  2.The Legislature finds and declares that: a.It is in the public interest for New Jersey residents to have all appropriate personal health information available...
• Section 26:1a-134 - Definitions Relative To Health Information Technology.
  3.As used in this act: "Health information technology" means technology that is used to electronically collect, store, retrieve, and transfer clinical, administrative, and financial...
• Section 26:1a-135 - Statewide Health Care Information Infrastructure.
  4.It is the public policy of this State to promote, encourage, facilitate, and support the development, utilization, and improvement of health information technology and...
• Section 26:1a-136 - New Jersey Health Information Technology Commission.
  5. a. There is established the New Jersey Health Information Technology Commission. For the purpose of complying with the provisions of Article V, Section...
• Section 26:1a-137 - Membership Of Commission; Terms; Authority.
  6. a. The New Jersey Health Information Technology Commission shall be comprised of 19 members as follows: (1)the Commissioners of Health, Banking and Insurance,...
• Section 26:1a-138 - Certification Of Amount Allocable To Expenses Of The Commission.
  7.The New Jersey Health Information Technology Commission shall annually, on or before October 1, certify to the State Treasurer and the Commissioner of Banking...
• Section 26:2-56 - Department May Establish
  The department may, for the purpose of paying the traveling expenses of its employees, the expenses in connection with the traveling exhibits operated by...
• Section 26:2-57 - Amount Of Fund; Application For And Payment
  Upon application in writing by the director, the state treasurer, upon the warrant of the state comptroller, shall, for the purpose aforesaid, pay to...
• Section 26:2-58 - Monthly Statement To Comptroller; Reimbursement Of Fund
  The director shall send to the state comptroller, on or before the tenth day of each month, a detailed account of the disbursements made...
• Section 26:2-59 - Comptroller To Decide Questions
  Any question arising with reference to the amount to be allowed to the department, the expenditure of the fund, the accounting therefor, and the...
• Section 26:2-60 - Authority Of Department To Accept Federal Grants; Payment Of Compensation To Administrative Officers From Federal Grants
  The Department of Health, acting for and on behalf of the State of New Jersey, is authorized and empowered, pursuant to the appropriate provisions...
• Section 26:2-61 - Application For Allotments; Use Of Funds Received
  The Department of Health is further authorized and directed to make application to the Surgeon-General of the United States and to such other officers...
• Section 26:2-62 - "Public Place" Defined
  Within the meaning of this act a public place shall be any restaurant, lunchroom, cabin, barroom, hotel or other place where food or drink...
• Section 26:2-63 - Toilets And Washrooms To Be Kept Clean
  Any toilet, toilet room or washroom maintained in or in connection with any public place shall be kept clean at all times. L.1939, c....
• Section 26:2-64 - Toilets; Keeping Flies Away, Protection Of Waters Of State; Sewage Plants Excepted
  Any toilet or receptacle for human excrement at or in connection with any public place shall be constructed and maintained so that flies cannot...
• Section 26:2-65 - Water For Drinking Or Other Uses To Meet Standards Fixed
  Any water used or available for use for drinking or culinary purposes or for the cleansing of utensils used in preparing or serving food...
• Section 26:2-66 - Food To Be Protected From Flies, Dust And Dirt
  Food offered for sale or intended for public consumption at any public place shall be protected from flies, dust and dirt. L.1939, c. 261,...
• Section 26:2-67 - Common Towels And Drinking Utensils
  No common towel and no common drinking utensils shall be permitted at any public place except it be thoroughly cleansed after each use and...
• Section 26:2-68 - Cleansing Of Utensils, Receptacles, Counters, Etc.
  At any public place at which food or drink is offered for sale or public consumption, adequate washing facilities for thoroughly cleansing utensils used...
• Section 26:2-69 - Garbage
  Garbage, including waste vegetable and animal material, which may attract flies, shall not be permitted at or in connection with any public place unless...
• Section 26:2-70 - Dishwater, Drainage And Waste Liquids; Disposition Of
  No dishwater, drainage from plumbing fixtures or other foul or putrescible waste liquids from or produced in connection with any public place shall be...
• Section 26:2-71 - Vermin
  All public places so far as the same may be practicable, shall be kept free from rats, mice, roaches and other vermin. L.1939, c....
• Section 26:2-72 - Authority Of Local Boards Of Health Not Affected
  Nothing in this act shall be construed to prohibit or limit the authority otherwise granted by statute to any local board of health to...
• Section 26:2-73 - Violations; Penalty
  Any person, corporation or their agents violating any of the provisions of this act, shall be liable to a penalty of not less than...
• Section 26:2-74 - Disposition Of Penalties Recovered
  Any penalty recovered under the provisions of this subtitle shall be paid to the plaintiff. When the plaintiff is the State Commissioner of Health...
• Section 26:2-75 - Jurisdiction; Process
  Every municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this...
• Section 26:2-77 - Commitment On Failure To Pay Judgment And Costs
  The court shall cause a defendant who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs...
• Section 26:2-81 - Marihuana Weed, Determination Of Existence Of
  In order to protect the health, morals and welfare of the State of New Jersey whenever the prosecutor of the pleas of any county...
• Section 26:2-82 - Destruction Of Marihuana Weed By Prosecutor Of Pleas After Determination Of Existence By Department
  Upon certification by State Department of Health of the existence of Marihuana weed at the location examined by the State Department of Health, then...
• Section 26:2-82.1 - Wild, Cultivated Or Hidden Growth Of Stramonium; Certification; Destruction
  a. In order to protect the health, morals and welfare of the State of New Jersey, wherever the prosecutor of any county of the...
• Section 26:2-83 - Authority To Operate Hospitals; Acquisition Of Use Of Property, Buildings, Etc.
  The Department of Health is authorized and empowered to maintain and operate hospitals for the detention, care, treatment and rehabilitation of persons having or...
• Section 26:2-86 - Destruction Or Removal Of Certain Domestic Pigeons
  Notwithstanding the provisions of section 23:4-53 of the Revised Statutes or any other law, the State Department of Health or any local board of...
• Section 26:2-87 - Establishment Of Program
  The State Department of Health hereafter referred to as the department, shall establish a program for the care and treatment of persons suffering from...
• Section 26:2-88 - Renal Disease Advisory Committee; Members; Terms; Meetings; Compensation
  The State Commissioner of Health hereafter referred to as the commissioner, shall appoint a Renal Disease Advisory Committee, hereafter referred to as the committee,...
• Section 26:2-89 - Powers And Duties Of Committee
  The department shall: (1) With the advice of the committee, develop standards for determining eligibility for care and treatment under this program. (2) Assist...
• Section 26:2-90 - Hemophilia Defined
  For purposes of this act "hemophilia" means a bleeding tendency resulting from a genetically determined deficiency factor in the blood. L.1972, c. 124, s....
• Section 26:2-91 - Establishment; Purpose
  The State Department of Health hereafter referred to as the department shall establish a program for the care and treatment of persons suffering from...
• Section 26:2-92 - Powers And Duties Of Department
  The department shall: a. Develop standards for determining eligibility for care and treatment under this program; b. Assist in the development and expansion of...
• Section 26:2-93 - Short Title
  This act shall be known and may be cited as the "Juvenile Terminal Illness Assistance Act." L.1972, c. 193, s. 1, eff. Dec. 20,
• Section 26:2-94 - Public Policy
  It is hereby declared to be the policy of the State that no child shall be denied access to any medical assistance which may...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 26:2-100 - Severability
  If any clause, sentence, section, provision, or part of this act shall be adjudged to be unconstitutional or invalid for any reason by any...
• Section 26:2-103.1 - Findings, Declarations Relative To Universal Newborn Hearing Screening.
  1.The Legislature finds and declares that: Hearing loss occurs in newborns more frequently than any other health condition for which newborn screening is currently...
• Section 26:2-103.2 - Definitions Relative To Universal Newborn Hearing Screening.
  2.As used in this act: "Commissioner" means the Commissioner of Health. "Department" means the Department of Health. "Electrophysiologic screening measures" means the electrical result...
• Section 26:2-103.3 - Screening For Hearing Loss In All Newborn Children.
  3. a. The commissioner shall ensure that, effective January 1, 2002, all newborn children in the State shall be screened for hearing loss by...
• Section 26:2-103.4 - Hospital, Birthing Center To Provide For Newborn Screening For Hearing Loss.
  4. Every hospital that provides inpatient maternity services and every birthing center licensed in the State pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall...
• Section 26:2-103.5 - Physician, Midwife To Advise Parent Of Availability Of Newborn Hearing Screening.
  5.In the case of a newborn born outside of a hospital or birthing center who is not transferred to a hospital or birthing center,...
• Section 26:2-103.6 - Central Registry Of Newborns At Risk Of Hearing Loss.
  6. a. The commissioner shall establish a central registry of newborns identified as having or being at risk of developing a hearing loss. The...
• Section 26:2-103.7 - Screening, Monitoring Covered Service.
  7.The Commissioner of Human Services shall ensure that the newborn hearing screening and periodic monitoring of infants for delayed onset hearing loss required pursuant...
• Section 26:2-103.8 - Hearing Evaluation Council.
  8.The commissioner shall establish a Hearing Evaluation Council to provide on-going advice to the department on implementation of this act. The council shall be...
• Section 26:2-103.9 - Rules, Regulations.
  9.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 implement the provisions of...
• Section 26:2-104 - Legislative Findings And Declaration
  The Legislature hereby finds and declares: a. That New Jersey is currently suffering from the highest overall mortality rates for cancer in the Nation;...
• Section 26:2-105 - Establishment, Maintenance Of State Cancer Registry.
  2.The Department of Health shall establish and maintain an up-to-date registry which shall include a record of cases of cancer and specified cases of...
• Section 26:2-106 - Reports; Rules, Regulations; Enforcement.
  3. a. The Commissioner of Health, in consultation with the Public Health Council, shall require the reporting of cases of cancer and other specified...
• Section 26:2-107 - Confidentiality Of Reports.
  4.The reports made pursuant to this act are to be used only by the Department of Health and such other agencies as may be...
• Section 26:2-108 - Immunity From Liability For Individuals, Organizations Providing Information.
  5.No individual or organization providing information to the Department of Health in accordance with this act shall be deemed to be, or held liable...
• Section 26:2-109 - Inapplicability Of Act To Compel Individual To Submit To Medical Or Health Department Examination Or Supervision
  Nothing in this act shall be construed to compel any individual to submit to medical or health department examination or supervision. L.1977, c. 266,...
• Section 26:2-110 - Policy Declaration
  It is hereby declared to be the public policy of this State that in the interests of public health every effort should be made...
• Section 26:2-111 - Testing Of Infants For Biochemical Disorders
  All infants born in this State shall be tested for hypothyroidism, galactosemia and phenylketonuria. The Commissioner of Health shall issue regulations to assure that...
• Section 26:2-111.1 - Option Of Additional Screening For Disorders In Infant Required; Cost.
  1. a. A health care provider shall give an infant's parent or guardian the option of consenting to the performance of testing by qualified...
• Section 26:2-111.2 - Hiv Testing Required For Certain Newborns.
  4. a. The Commissioner of Health shall require each birthing facility in the State to administer to a newborn in its care a test...
• Section 26:2-111.3 - Findings, Declarations Relative To Newborn Screening For Congenital Heart Defects.
  1.The Legislature finds and declares that: a.Congenital heart defects (CHDs) are structural abnormalities of the heart that are present at birth; CHDs range in...
• Section 26:2-111.4 - Birthing Facilities Required To Perform Pulse Oximetry Screening; Rules, Regulations.
  2. a. The Commissioner of Health shall require each birthing facility licensed by the Department of Health to perform a pulse oximetry screening, a...
• Section 26:2-111.5 - Testing Of Newborns For Certain Lysomal Storage Disorders Required.
  1. a. All infants born in this State shall be tested for the lysosomal storage disorders known as Krabbe, Pompe, Gaucher, Fabry, and Niemann-Pick...
• Section 26:2-111.6 - Testing Of Infants For Adrenoleukodystrophy.
  1. a. All infants born in this State shall be tested for adrenoleukodystrophy (ALD) beginning six months following the occurrence of all of the...
• Section 26:2-111.7 - "Let Them Be Little Act," Screening Of Newborns For Mpsi And Mpsii Provided.
  1. a. All infants born in this State shall be tested for mucopolysaccharidosis I (MPS I), also known as Hurler syndrome, Hurler-Scheie syndrome, or...
• Section 26:2-112 - Agreements With Federal Government And Public Health Agencies Of Other States
  The commissioner is authorized to enter into agreements with the Federal Government and public health agencies in other states to achieve greater effectiveness or...
• Section 26:2-113 - Legislative Findings And Declarations
  The Legislature finds that the effective identification, diagnosis, care and treatment of persons who have been exposed to diethylstilbestrol, commonly referred to as DES,...
• Section 26:2-114 - Definitions
  As used in this act: a. "Primary screening" means the initial evaluation of a person through history, physical examination and routine tests to determine...
• Section 26:2-115 - Duties Of Commissioner; Programs Of Education; Secondary Screening Programs
  The Commissioner of the Department of Health shall establish: a. A program to educate the public and health care professionals involved in primary screening...
• Section 26:2-116 - Registry
  The Commissioner of the Department of Health shall maintain a registry of women who took diethylstilbestrol during pregnancy and their offspring who were exposed...
• Section 26:2-117 - Annual Report
  The Department of Health shall make an annual report to the Legislature, through the President of the Senate, Speaker of the General Assembly and...
• Section 26:2-119 - Legislative Findings
  The Legislature finds that every year there are a substantial number of accidental poisonings especially among young children and that the possibility of serious...
• Section 26:2-120 - Definitions
  As used in this act: a. "Commissioner" means the Commissioner of the Department of Health; b. "Program" means the poison control and drug information...
• Section 26:2-121 - Poison Control And Drug Information Program; Establishment; Hours Of Service
  The commissioner shall establish a Statewide program of poison control and drug information. Program services shall be available on a 24 hour basis to...
• Section 26:2-122 - Services Performed
  The principal activity of the program shall be answering requests by telephone for poison information and making recommendations for appropriate management and treatment of...
• Section 26:2-123 - Personnel Utilization
  The program shall utilize physicians, pharmacists, nurses and other necessary personnel trained in various aspects of toxicology, poison control, and drug information retrieval and...
• Section 26:2-124 - Findings, Declarations
  The Legislature finds and declares that the rising incidence of heart disease, kidney disease and stroke is causing increased concern among public health officials...
• Section 26:2-125 - Definitions
  As used in this act: a. "Commissioner" means the Commissioner of the Department of Health; b. "Department" means the State Department of Health; c....
• Section 26:2-126 - Expansion Of Hypertension Control Program
  The commissioner shall expand the existing hypertension control program within the department, which shall have central authority and responsibility for the development of a...
• Section 26:2-127 - Components Of Community Program
  A community based high blood pressure control program shall provide: a. Hypertension screening; b. Treatment referral; c. Counseling for victims of high blood pressure...
• Section 26:2-128 - Authority Of Commissioner
  The commissioner is authorized to: a. Enter into necessary contracts and agreements with counties, municipalities and other units of government, colleges, universities, associations, agencies,...
• Section 26:2-129 - Regulations
  Pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), the commissioner shall promulgate any regulations necessary to effectuate the...
• Section 26:2-130 - Findings, Declarations
  The Legislature finds and declares that: a. Exposure to lead and lead poisoning leads to morbidity, mortality, mental retardation, and learning disability in young...
• Section 26:2-131 - Definitions
  As used in this act: a. "Child" means a person one through five years of age; b. "Commissioner" means the Commissioner of Health; c....
• Section 26:2-132 - Lead Poisoning Control Program
  The department, within the limits of funds appropriated for this purpose, has the responsibility for the development, implementation and coordination of a program to...
• Section 26:2-134 - Comprehensive Plan
  Within six months of the effective date of this act, the commissioner shall prepare a comprehensive plan to control lead poisoning in the State....
• Section 26:2-135 - Annual Report
  6. The commissioner shall issue an annual report to the Governor and the Legislature by October 1 of each year. The report shall include...
• Section 26:2-136 - Loans To Local Boards
  The department may set aside up to 10% of the funds appropriated pursuant to this act for the purpose of providing loans to local...
• Section 26:2-137 - Regulations
  The commissioner shall, pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt regulations necessary to...
• Section 26:2-137.1 - Specifications For Lead Screening Of Children, Immunizations
  7. The Department of Health shall specify by regulation, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.): a.The lead screening provided...
• Section 26:2-137.2 - Findings, Declarations Relative To Lead Exposure Of Children
  1.The Legislature finds and declares that: a. According to the New Jersey Department of Health, 630,000 children under the age of six are at...
• Section 26:2-137.3 - Definitions Relative To Lead Exposure
  2.As used in this act: "Commissioner" means the Commissioner of Health; "Department" means the Department of Health; "Lead poisoning" means an elevated level of...
• Section 26:2-137.4 - Lead Screening Performed; Requirements
  3. a. A physician or registered professional nurse, as appropriate, shall perform lead screening on each of his patients under six years of age...
• Section 26:2-137.5 - Blood Samples; Collection, Testing
  4. a. All lead screening blood samples collected by a physician, registered professional nurse or a health care facility pursuant to this act shall...
• Section 26:2-137.6 - Central Data Base Maintained; Confidentiality
  5. a. The department shall maintain a central data base which shall include a record of all lead screening conducted pursuant to this act....
• Section 26:2-137.7 - Rules, Regulations
  6. The commissioner shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to carry out the...
• Section 26:2-138 - Findings, Declarations
  The Legislature finds and declares that the rising incidence of diabetes mellitus and its associated complications involving the eyes, kidneys, heart, blood vessels and...
• Section 26:2-139 - Definitions
  As used in this act: a. "Commissioner" means the Commissioner of the State Department of Health; b. "Department" means the State Department of Health;...
• Section 26:2-140 - Program Continued
  The commissioner shall continue within the department the existing Diabetes Control Program which shall have central authority and responsibility for the development of diabetes...
• Section 26:2-141 - Duties, Powers
  The commissioner is authorized to: a. Gather data relative to the occurrence of diabetes and its associated complications; b. Enter into necessary contracts and...
• Section 26:2-142 - Rules, Regulations
  Pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), the commissioner shall promulgate rules and regulations necessary to effectuate...
• Section 26:2-142.1 - Diabetes Action Plan, Report To Governor, Legislature.
  1. a. The Department of Health, in consultation with the Department of Human Services and the Department of Children and Families, shall develop a...
• Section 26:2-143 - Blood Specimen From All Pregnant Women
  Every licensed physician or other licensed health professional engaged in the prenatal care of a pregnant woman or attending the woman at the time...
• Section 26:2-144 - Determination Of Rh Blood Type
  The physician or licensed health professional shall submit the blood specimen to a licensed clinical laboratory or a laboratory approved by the State Department...
• Section 26:2-145 - Notification Of Rh Negative Results
  If the test results indicate the woman is Rh negative, within 48 hours of delivery, miscarriage or abortion and no more than 24 hours...
• Section 26:2-146 - Exception
  The provisions of this act shall not apply if the physician or other licensed health professional engaged in the prenatal care of a pregnant...
• Section 26:2-147 - Objection To Test
  The provisions of this act shall not apply if the pregnant woman objects to the test. L. 1987, c. 166, s. 5.
• Section 26:2-148 - Findings, Declarations
  The Legislature finds and declares that: a. Although the majority of Americans are covered by some form of health insurance, families nevertheless lack protection...
• Section 26:2-149 - Definitions Relative To Catastrophic Illness In Children.
  2.As used in this act: a."Catastrophic illness" means any illness or condition the medical expenses of which are not covered by any other State...
• Section 26:2-150 - Catastrophic Illness In Children Relief Fund
  The "Catastrophic Illness in Children Relief Fund" is established as a nonlapsing, revolving fund. The fund shall be administered by the commission, and shall...
• Section 26:2-151 - Catastrophic Illness In Children Relief Fund Commission.
  4.There is established in the Executive Branch of the State government, the Catastrophic Illness in Children Relief Fund Commission. For the purposes of complying...
• Section 26:2-152 - Suspension; Oaths; Vacancies
  Each member of the commission may be removed from office by the Governor, for cause, after a public hearing and may be suspended by...
• Section 26:2-153 - Officers; Quorum
  6. The members shall elect a chairperson and chief executive officer of the commission who shall be one of the public members of the...
• Section 26:2-154 - Powers; Duties.
  7.The commission has, but is not limited to, the following powers and duties: a.Establish in conjunction with the Special Child Health Services program established...
• Section 26:2-154.1 - Settlement Of Claims; Disposition Of Recovered Moneys
  3. The commission is authorized to negotiate or settle a claim that the fund maintains for reimbursement against a family who has received assistance...
• Section 26:2-155 - Eligibility.
  8. a. A child who is a resident of this State is eligible, through his parent or legal guardian, to apply to the program...
• Section 26:2-156 - Financial Assistance.
  9.Whenever a child has a catastrophic illness and is eligible for the program, the child, through his parent or legal guardian, shall receive financial...
• Section 26:2-157 - Annual Surcharge Per Employee Under Unemployment Compensation Fund For Relief Fund.
  10. For the purpose of providing the moneys necessary to establish and meet the purposes of the fund, the commission shall establish a $1.50...
• Section 26:2-158 - Rules, Regulations
  The State Treasurer shall adopt rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.) establishing procedures...
• Section 26:2-159 - Annual Reports.
  12.The commission shall report annually to the Governor and to each Senate and General Assembly committee with responsibility for issues affecting children, health and...
• Section 26:2-160 - Findings, Declarations Relative To Minority And Multicultural Health
  1.The Legislature finds and declares that: a.There are dramatic differences in death, disease and injury rates between White and racial and ethnic minority populations...
• Section 26:2-161 - New Jersey Office On Minority And Multicultural Health.
  2. a. There is established the New Jersey Office on Minority and Multicultural Health in the Department of Health. b.Whenever the term "New Jersey...
• Section 26:2-162 - Duties Of The Office.
  3.The office shall: a.Provide grants to community-based organizations to conduct special research, demonstration, and evaluation projects for targeted at-risk racial and ethnic minority populations...
• Section 26:2-163 - Powers Of The Office.
  4.The office is authorized to: a.Adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), concerning the operation of...
• Section 26:2-164 - New Jersey Office On Minority And Multicultural Health Advisory Commission.
  5.There is established a New Jersey Office on Minority and Multicultural Health Advisory Commission. The commission shall consist of nine members, including the Commissioner...
• Section 26:2-165 - Duties Of Advisory Commission
  6.The advisory commission shall: a.Review and make recommendations to the New Jersey Office on Minority and Multicultural Health on any rules, regulations and policies...
• Section 26:2-166 - Annual Report
  7. The office shall report annually, by September 1 of each year, to the Legislature and the Governor on the activities of the office,...
• Section 26:2-167 - Assistance Of Public Agencies
  8.The office is entitled to call to its assistance, and avail itself of, the services of employees of any State, county or municipal department,...
• Section 26:2-167.1 - "Eliminating Health Disparities Initiative."
  1.The Commissioner of Health shall establish the "Eliminating Health Disparities Initiative" in the Office on Minority and Multicultural Health. The commissioner shall require the...
• Section 26:2-167.2 - Duties Of Office.
  2.The office shall: a.Establish measurable outcomes to achieve the goal of reducing health disparities in the areas provided in section 1 of this act....
• Section 26:2-167.3 - Rules, Regulations.
  3.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.), to effectuate the purposes...
• Section 26:2-168 - Breast Cancer Informational Booklets Provided By Department Of Health
  1. The Department of Health, in consultation with the New Jersey Division of the American Cancer Society, the Radiological Society of New Jersey and...
• Section 26:2-169 - Criteria For Compulsive Gambling Programs; Grants.
  2.The Department of Human Services shall develop criteria which prevention, education, and treatment programs for compulsive gamblers shall meet in order to become eligible...
• Section 26:2-170 - Findings, Declarations Relative To Out-of-wedlock Adolescent Births.
  1. The Legislature finds and declares that: a. Out-of-wedlock adolescent births are a serious problem facing the State of New Jersey and the nation;...
• Section 26:2-171 - Advisory Council On Adolescent Pregnancy.
  2. a. There is established in the Executive Branch of the State Government an Advisory Council on Adolescent Pregnancy. For the purposes of complying...
• Section 26:2-172 - Advisory Council Duties.
  3. It shall be the duty of the advisory council to: a. Review past policy proposals, including those contained in the 1988 report of...
• Section 26:2-173 - Assistance, Services Available.
  4. The advisory council may call to its assistance and avail itself of the services of the Legislature and officials and employees of any...
• Section 26:2-174 - Report To Governor, Legislature.
  5. The advisory council shall report to the Governor and the Legislature biannually, or more frequently if deemed appropriate, on its activities, findings and...
• Section 26:2-175 - Findings, Declarations Relative To Postpartum Depression
  1.The Legislature finds and declares that: a.Postpartum depression is the name given to a wide range of emotional, psychological and physiological reactions to childbirth,...
• Section 26:2-176 - Development Of Policies, Procedures For Care.
  2.The Commissioner of Health, in conjunction with the State Board of Medical Examiners and the New Jersey Board of Nursing, shall work with health...
• Section 26:2-177 - Public Awareness Campaign.
  3.The Commissioner of Health shall establish a public awareness campaign to inform the general public about the nature and causes of postpartum depression and...
• Section 26:2-178 - 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...
• Section 26:2-179 - Consumer's Mercury Alert Notice, Posting, Distribution.
  1.The Department of Health, in consultation with the Department of Environmental Protection, shall prepare a consumer's mercury alert notice for posting in all patient...
• Section 26:2-180 - Findings, Declarations Relative To Post-polio Sequelae.
  1.The Legislature finds and declares that: a.There are estimated to be 1.63 million American polio survivors, 50,000 in New Jersey alone; b.At least 70%...
• Section 26:2-181 - Public Awareness Campaign Relative To Post-polio Sequelae.
  2.The Commissioner of Health shall establish a public awareness campaign to inform the general public about post-polio sequelae, for which purpose the commissioner shall...
• Section 26:2-182 - "Task Force On Cancer Prevention, Early Detection And Treatment In New Jersey."
  1. a. There is established the "Task Force on Cancer Prevention, Early Detection and Treatment in New Jersey" within the Department of Health. b.The...
• Section 26:2-183 - Duties Of Task Force.
  2. a. The task force shall: (1)evaluate current trends in cancer incidence, morbidity and mortality, screening, diagnosis, and behaviors that increase risk; (2)evaluate historic,...
• Section 26:2-184 - Task Force Established By E. O.114 Continued As This Task Force.
  3.The task force established pursuant to Executive Order No. 114 of 2000, together with its functions, powers, duties, and workgroups, is continued in the...
• Section 26:2-184.1 - Findings, Declarations Relative To An Ovarian Cancer Public Awareness Campaign.
  1.The Legislature finds and declares that: a.Ovarian cancer causes more deaths than any other cancer of the female reproductive system; it ranks fourth as...
• Section 26:2-184.2 - Establishment Of Public Awareness Campaign.
  2. a. The Commissioner of Health shall establish a public awareness campaign to inform the general public about the clinical significance of ovarian cancer...
• Section 26:2-184.3 - Information Included In Mammography Report.
  10.A facility that provides a mammography report pursuant to the federal Mammography Quality Standards Act, 42 U.S.C. s.263b, shall include the following information, at...
• Section 26:2-184.4 - Purpose Of Information Required.
  11. Notwithstanding the provisions of any other law to the contrary, the provisions of section 10 of P.L.2013, c.196 (C.26:2-184.3) shall not impose a...
• Section 26:2-184.5 - Rules, Regulations.
  12. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are...
• Section 26:2-185 - Findings, Declarations Relative To Reporting Autism Spectrum Disorder Diagnoses.
  1.The Legislature finds and declares that: a.An autism spectrum disorder is a developmental disorder of brain function which is typically manifested in impaired social...
• Section 26:2-186 - Reporting Diagnosis To Department Of Health.
  2. a. A physician, psychologist, and any other health care professional licensed pursuant to Title 45 of the Revised Statutes who is qualified by...
• Section 26:2-186.1 - Reporting Adult Diagnosis Of Autism Spectrum Disorder.
  4. a. An adult who has been diagnosed as having an autism spectrum disorder by a physician, psychologist, or any other health care professional...
• Section 26:2-187 - Maintenance Of Up-to-date Registry.
  3.The Department of Health, in consultation with the Department of Human Services, shall maintain an up-to-date registry which shall include a record of: all...
• Section 26:2-188 - Use Of Reports; Immunity For Professionals.
  4. a. The reports made pursuant to P.L.2007, c.170 (C.26:2-185 et seq.) and section 4 of P.L.2009, c.204 (C.26:2-186.1) are to be used only...
• Section 26:2-189 - Findings, Declarations Relative To Autism, Intellectual Developmental Disabilities Awareness For First Responders.
  1.The Legislature finds and declares that: a.Autism is a developmental disorder of brain function which is typically manifested in impaired social interaction, problems with...
• Section 26:2-190 - Development Of Training Curriculum; Rules, Regulations.
  2. a. The Commissioner of Health and the Commissioner of Human Services, in consultation with the New Jersey Fire and Emergency Medical Services Institute...
• Section 26:2-191 - Annual Physical Examination Of Child, Questions Relative To Cardiac Health Required.
  1.A licensed health care professional who performs an annual physical examination of a child 19 years of age or younger shall include as part...
• Section 26:2-192 - Completion, Retention Of Student-athlete Cardiac Screening Professional Development Module.
  2. a. A physician, advanced practice nurse, or physician assistant who performs annual physical examinations of children 19 years of age or younger shall...
• Section 26:2-193 - Rules, Regulations.
  3.The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, pursuant to the "Administrative Procedure Act," P.L.1968, c.410...
• Section 26:2-194 - Information Available Relative To Down Syndrome.
  1. a. The Department of Health shall make available on the department's Internet website, to any person who renders prenatal care, postnatal care, or...
• Section 26:2-195 - Provision Of Information Upon Positive Test Result For Down Syndrome.
• Section 26:2-196 - Availability Of Information Relative To Crib Safety.
  1. a. The Department of Health shall prepare and make available on the department's Internet website informational literature on crib safety, including, but not...
• Section 26:2-197 - Rules, Regulations.
  2.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...
• Section 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,...
• Section 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...
• Section 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:...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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.
• Section 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...
• Section 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...
• Section 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...
• Section 26:2a-35.1 - Comparative Report
  The State Commissioner of Health shall compile and periodically update a report which compares evaluative profiles of all nursing homes in this State. The...
• Section 26:2a-35.2 - Public Notice
  Whenever the Department of Health determines that a life threatening condition exists at any nursing home in this State, the commissioner may as soon...
• Section 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.
• Section 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 and progressively chronic...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 26:2b-6 - Commission On Alcoholism And Promotion Of Temperance Abolished
  The Commission on Alcoholism and Promotion of Temperance established by "An act concerning the preparation and administration of a program for the rehabilitation of...
• Section 26:2b-7 - Public Policy
  It is the policy of the State of New Jersey that alcoholics and intoxicated persons may not be subjected to criminal prosecution because of...
• Section 26:2b-8 - Definitions
  The following words as used in this act shall, unless the context requires otherwise, have the following meanings: "Administrator" means the person in charge...
• Section 26:2b-9 - Division Of Alcoholism; Establishment; Director; Assistant; Officers And Employees
  There is hereby established in the Department of Health a Division of Alcoholism under the direction of a division director. The director shall be...
• Section 26:2b-9.1 - Transfer Of Bureau Of Alcohol Countermeasures In Division Of Motor Vehicles In Department Of Law And Public Safety To Division Of Alcoholism
  The Bureau of Alcohol Countermeasures in the Division of Motor Vehicles in the Department of Law and Public Safety is transferred to the Division...
• Section 26:2b-9.2 - "Alcohol Treatment Programs Fund."
  2. a. There is created within the Department of Health and Senior Services a special nonlapsing revolving fund to be known as the "Alcohol...
• Section 26:2b-9.3 - Regulations.
  3.The Director of the Division of Addiction Services in the Department of Health and Senior Services shall promulgate regulations pursuant to the provisions of...
• Section 26:2b-11 - Comprehensive State Plan For Treatment
  The department shall prepare and submit to the Governor, and from time to time shall amend, a comprehensive State plan for the treatment of...
• Section 26:2b-12 - Program For Treatment; Facilities; Services; Annual List; Publication
  The department shall take cognizance of all matters affecting alcoholism in the State and shall establish and conduct a program for the treatment of...
• Section 26:2b-13 - Powers Of Department
  7. The department is hereby authorized, empowered and directed under this act to: a. Plan, construct, cause to be established, and maintain such facilities...
• Section 26:2b-14 - Facilities; License; Rules And Regulations; Filing Information; Refusal To Grant, Suspension, Revocation, Limitation Or Restriction; Hearing; Grounds; Violations; Penalties; Inspection; Admission Of Patients
  The department shall issue for a term of 2 years, and may renew for like terms, a license, subject to revocation by it for...
• Section 26:2b-15 - Intoxicated Persons Or Alcoholics; Admission To Treatment Facility; Notice To Family, Emergency Contact.
  9.Any person who is intoxicated and who voluntarily applies for treatment or is brought to a facility by a police officer or other authorized...
• Section 26:2b-16 - Person Intoxicated In Public Place; Assistance To Facility; Determination Of Intoxication
  Any person who is intoxicated in a public place may be assisted to his residence or to an intoxication treatment center or other facility...
• Section 26:2b-17 - Violators Of Municipal Ordinance Or Disorderly Persons Not Arrested For Misdemeanor; Taking To Facility; Determination Of Alcoholism; Commitment; Request; Stay Of Criminal Proceeding; Hearing; Treatment; Discharge; Report To Court; Sentence; Credits
  Any person who is arrested for a violation of a municipal ordinance, or for a disorderly persons offense, and who is not also arrested...
• Section 26:2b-18 - Person Under Treatment At Facility; Subjection To Supervisory Powers Of Administrator
  Each person who receives treatment at a facility shall be subject to the supervisory powers of the administrator exercised in accordance with rules and...
• Section 26:2b-19 - Rights Of Juveniles
  All rights afforded any person under this act shall apply to juveniles as may be consistent with present statutory law applying to minors. L.1975,...
• Section 26:2b-20 - Records; Confidentiality; Rights Of Patients
  a. The administrator of each facility shall keep a record of the treatment afforded each patient, which shall be confidential and shall be made...
• Section 26:2b-21 - Rights Of Person Who Received Treatment At Facility Or Alcoholic
  No person who has received treatment at a facility in accordance with the provisions of this act or person who is an alcoholic shall...
• Section 26:2b-22 - Service Forces To Assist Police
  The State, the several counties and municipalities may establish services forces to assist the police in accordance with the provisions of section 9 of...
• Section 26:2b-23 - Program Of Education; Services Of Division
  17. The division shall establish and maintain, in cooperation with the office of the Attorney General, the State, municipal and local police, the courts,...
• Section 26:2b-24 - Tests For Alcohol In Drivers And Pedestrians In Traffic Accidents; Determination Of Alcoholism As Factor; Tabulation And Publication Of Results; Review Of Laws; Report To Legislature
  The division shall, in cooperation with the State, municipal and local police, and the Division of Motor Vehicles, conduct tests for alcohol in the...
• Section 26:2b-25 - Review Of Laws And Regulations On Manufacture, Sale And Consumption Of Alcoholic Beverages; Report
  The division, in cooperation with the office of the Attorney General and other interested State departments and agencies, shall undertake a broad review of...
• Section 26:2b-26 - Laws, Ordinances Or Regulations Of Local Government On Public Intoxication Or Inconsistent With Act; Prohibition; Exemptions
  No county, municipality, or other political subdivision of the State shall adopt any law, ordinance, bylaw, resolution or regulation having the force of law...
• Section 26:2b-27 - Department Of Health As Single Agency Responsible For Treatment; Compliance With Comprehensive State Plan Of Public Treatment And Rehabilitation Programs Or Activities
  The Department of Health shall be the single State agency designated by the State as the agency primarily responsible for the treatment of intoxicated...
• Section 26:2b-28 - Transfer Of Property, Moneys, Obligations, And Officers And Employees Under Prior Law To Division; Retention Of Supervisory Powers By Department
  All books, papers, records, documents, and equipment in the custody of or maintained for the use of the Department of Health pursuant to sections...
• Section 26:2b-29 - Repeal And Prohibition Of Ordinance, Resolution Or Other Legislation On Offense Of Public Intoxication
  Notwithstanding any other provision of law, no county, municipality, or other jurisdiction within the State shall adopt an ordinance, resolution, or other legislation creating...
• Section 26:2b-30 - Severability
  If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any...
• Section 26:2b-31 - Short Title
  This act shall be known and may be cited as the "Alcoholism Treatment and Rehabilitation Act." L.1975, c. 305, s. 26.
• Section 26:2b-32 - Fund Established
  An Alcohol Education, Rehabilitation and Enforcement Fund is established as a nonlapsing, revolving fund in a separate account in the Department of Health. The...
• Section 26:2b-33 - Plan For Community Services
  a. The governing body of each county, in conjunction with the county agency, or individual, designated by the county with the responsibility for planning...
• Section 26:2b-34 - Allotment Formula.
  a.Allotments to each county whose annual comprehensive plan is approved pursuant to the provisions of section 4 of this act shall be made on...
• Section 26:2b-35 - Distribution Of Enforcement Moneys
  a. Moneys dedicated for enforcement from the Alcohol Education, Rehabilitation and Enforcement Fund shall be distributed as follows: (1) One-third shall be distributed to...
• Section 26:2b-36 - Findings, Declarations Relative To Alcoholism, Drug Abuse Among The Deaf, Hard Of Hearing, Disabled
  1. The Legislature finds and declares that: there is growing evidence that people with deafness, hearing loss or other disabilities are at greater risk...
• Section 26:2b-37 - "Alcohol And Drug Abuse Program For The Deaf, Hard Of Hearing And Disabled."
  2. a. The Commissioner of Health shall establish an "Alcohol and Drug Abuse Program for the Deaf, Hard of Hearing and Disabled". b.Pursuant to...
• Section 26:2b-38 - Program Contents
  3. The program shall include, but not be limited to: providing public awareness of, and developing advocacy efforts for, the deaf and hard of...
• Section 26:2b-39 - Rules, Regulations
  4. The commissioner shall adopt rules and regulations necessary to carry out the purposes of this act pursuant to the "Administrative Procedure Act," P.L.1968,...
• Section 26:2b-40 - Licensing For Certain Residential Drug Treatment Programs; Rules, Regulations.
  1. a. A drug treatment program operating within a State correctional facility or county jail which meets or substantially meets the requirements for licensing...
• Section 26:2bb-1 - Findings, Declarations
  The Legislature finds and declares that: alcoholism and drug abuse are major health problems facing the residents of this State; aspects of these problems...
• Section 26:2bb-2 - Governor's Council On Alcoholism And Drug Abuse.
  2.There is created a 26-member council in, but not of, the Department of the Treasury which shall be designated as the Governor's Council on...
• Section 26:2bb-3 - Appointment Of Executive Director, Staff
  a. The Governor's Council on Alcoholism and Drug Abuse shall be administered by an executive director who shall be appointed by the Governor, with...
• Section 26:2bb-4 - Authority, Powers Of Council
  The Governor's Council on Alcoholism and Drug Abuse is authorized and empowered to: a. Review and coordinate all State departments' efforts in regard to...
• Section 26:2bb-5 - Division Of Alcoholism And Drug Abuse
  There is established in the Department of Health a Division of Alcoholism and Drug Abuse. The division shall be administered by a Deputy Commissioner...
• Section 26:2bb-6 - Transfer Of Functions, Powers, Duties
  All the functions, powers and duties of the Director of the Division of Alcoholism and the Director of the Division of Narcotic and Drug...
• Section 26:2bb-7 - Alliance To Prevent Alcoholism And Drug Abuse
  7. a. There is created an Alliance to Prevent Alcoholism and Drug Abuse, hereinafter referred to as the "Alliance," in the Governor's Council on...
• Section 26:2bb-8 - County Alliance Steering Subcommittee; Functions And Powers; Review And Revision Of Plan
  a. Each Local Advisory Committee on Alcoholism and Drug Abuse, established pursuant to section 4 of P.L.1983, c.531 (C.26:2B-33), shall establish a County Alliance...
• Section 26:2bb-9 - Municipal Alliance Committee
  The governing body of each municipality may appoint a Municipal Alliance Committee, or join with one or more municipalities to appoint a Municipal Alliance...
• Section 26:2bb-10 - Rules, Regulations
  Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health shall adopt rules and regulations necessary to establish the...
• Section 26:2bb-11 - Advisory Commission Abolished
  The advisory commission to the Alcohol Education, Rehabilitation and Enforcement Fund, established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32), is abolished. L. 1989,...
• Section 26:2bb-12 - Supersedure, Repeal Of Inconsistent Acts
  All acts and parts of acts inconsistent with any of the provisions of this amendatory and supplementary act are, to the extent of such...
• Section 26:2bb-13 - Evaluation
  Two years after the date of enactment of this amendatory and supplementary act, the Governor shall contract with an independent evaluator who shall review...
• Section 26:2bb-14 - Continuation Of Funding
  The funding mechanisms, including the awarding of grants for drug abuse services by the Department of Health, that are in effect on the date...
• Section 26:2c-1 - Short Title
  This act shall be known and may be cited as the "Air Pollution Control Act (1954)." L.1954, c. 212, p. 780, s. 1.
• Section 26:2c-2 - Definitions.
  2.As used in this act: "Air contaminant" means any substance, other than water or distillates of air, present in the atmosphere as solid particles,...
• Section 26:2c-3.1 - Air Pollution Control Commission Abolished; Transfer Of Functions, Powers And Duties
  The Air Pollution Control Commission is hereby abolished. All of the functions, powers and duties of the Air Pollution Control Commission in the Department...
• Section 26:2c-3.2 - Clean Air Council
  (a) There is hereby created in the State Department of Health a Clean Air Council, which shall consist of 17 members, 3 of whom...
• Section 26:2c-3.2a - Clean Air Council; Membership By State Commissioner Of Health
  In addition to the membership of the Clean Air Council prescribed by P.L.1967, c. 106, s. 3 (C. 26:2C-3.2), the State Commissioner of Health...
• Section 26:2c-3.3 - Powers And Duties Of Council
  The Clean Air Council shall: (a) Request from the commissioner information concerning the Air Pollution Control Program; (b) Consider any matter relating to the...
• Section 26:2c-8 - Powers Of Department Relative To Air Pollution.
  8. a. The department shall have power to formulate and promulgate, amend and repeal codes and rules and regulations preventing, controlling and prohibiting air...
• Section 26:2c-8.1 - Codes, Rules, Regulations Concerning Motor Vehicles
  1. a. The department, after consultation with the Director of the Division of Motor Vehicles, shall have the power to formulate and promulgate, amend...
• Section 26:2c-8.2 - Applicability Of Code, Rule, Regulation To Classes Of Vehicles
  2. Any code, rule or regulation establishing standards and requirements for the control of air contaminants from motor vehicles shall be applicable to such...
• Section 26:2c-8.3 - Standards And Requirements For Control Of Air Contaminants; Motor Vehicles Having Air Pollution Control Devices
  Such codes, rules and regulations shall establish standards and requirements for the control of air contaminants from motor vehicles manufactured with air pollution control...
• Section 26:2c-8.4 - Standards And Requirements For Control Of Air Contaminants, Motor Vehicles Without Air Pollution Control Devices.
  4.Except as otherwise required pursuant to P.L.2005, c.219 (C.26:2C-8.26 et al.) or other laws, codes, rules, and regulations concerning motor vehicles registered in the...
• Section 26:2c-8.5 - Manner Of Formulation And Promulgation Of Codes, Rules And Regulations
  All codes, rules and regulations shall be formulated and promulgated in the manner provided for in section 8 of the act to which this...
• Section 26:2c-8.10 - Sale, Use Of Reformulated Gasoline; Program Expiration
  5.The department shall not adopt rules and regulations requiring, for gasoline-fueled motor vehicles, the sale and use of reformulated gasoline other than that certified...
• Section 26:2c-8.11 - Air Pollution Control Rules, Regulations.
  6. a. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations implementing the following mandated...
• Section 26:2c-8.14 - Written Report, List, Inventory.
  10. a. The Department of Environmental Protection, in consultation with the Commissioner of Transportation and the Chief Administrator of the New Jersey Motor Vehicle...
• Section 26:2c-8.15 - Findings, Declarations Relative To California Low Emission Vehicle Program.
  1.The Legislature finds and declares that the implementation of the National Low Emission Vehicle program is a key component of the State's efforts to...
• Section 26:2c-8.16 - Definitions Relative To Low Emission Vehicles.
  2.As used in sections 1 through 7 of P.L.2003, c.266 (C.2C:2C-8.15 et seq.): "Advanced technology partial zero emission vehicle" means a vehicle certified as...
• Section 26:2c-8.17 - Implementation Of California Low Emission Vehicle Program; Substantive Changes.
  3. a. Notwithstanding any provision of a State implementation plan submitted by the Department of Environmental Protection to the United States Environmental Protection Agency...
• Section 26:2c-8.18 - Zero Emission Vehicle Credit Bank.
  4. a. The Commissioner of Environmental Protection shall establish a zero emission vehicle credit bank to allow manufacturers to earn and bank vehicle equivalent...
• Section 26:2c-8.22 - Findings, Declarations Relative To Mtbe.
  1.The Legislature finds and declares that methyl tertiary butyl ether, more commonly referred to as MTBE, may threaten drinking water supplies in the State...
• Section 26:2c-8.23 - Definitions Relative To Mtbe.
  2.As used in this act: "Department" means the Department of Environmental Protection; "MTBE" means methyl tertiary butyl ether. L.2005,c.192,s.2.
• Section 26:2c-8.24 - Prohibitions Against Sale In State Of Gasoline Containing Mtbe.
  3. a. No person shall distribute in commerce for sale in the State, gasoline which contains more than 0.5% MTBE by volume. b.Any person...
• Section 26:2c-8.25 - Rules, Regulations.
  4.The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of...
• Section 26:2c-8.26 - Findings, Declarations Relative To Regulation Of Fine Particle Emissions From Diesel Engines.
  1.The Legislature finds and declares that the emissions of fine particles into the air pose an extraordinary health risk to the people of the...
• Section 26:2c-8.27 - Definitions Relative To Regulation Of Fine Particle Emissions From Diesel Engines.
  2.As used in sections 1 through 31 of P.L.2005, c.219 (C.26:2C-8.26 et seq.): "Best available retrofit technology" means the equipment, retrofit device, or fuel,...
• Section 26:2c-8.28 - Dep Rules, Regulations.
  3. a. The Department of Environmental Protection, no later than 270 days after the effective date of this section, shall adopt, pursuant to the...
• Section 26:2c-8.29 - Dep To Consult When Developing Rules, Regulations Concerning Diesel Commercial Buses.
  4.The Department of Environmental Protection shall consult with the New Jersey Motor Vehicle Commission and the New Jersey Transit Corporation when developing the provisions...
• Section 26:2c-8.30 - Public Outreach Program To Owners Of Affected Vehicles, Equipment.
  5.The Department of Environmental Protection shall develop and implement, in consultation with the New Jersey Motor Vehicle Commission, a public outreach program to notify...
• Section 26:2c-8.31 - Closed Crankcase Technology For Regulated School Buses.
  6. a. No later than two years after the effective date of P.L.2005, c.219 (C.26:2C-8.26 et al.), or two years after the date on...
• Section 26:2c-8.32 - Study To Identify, Quantify Sources Of Fine Particles In Cabin Of Regulated School Buses.
  7. a. Within two years after the effective date of P.L.2005, c.219 (C.26:2C-8.26 et al.), the Department of Environmental Protection shall complete a study...
• Section 26:2c-8.33 - Rules And Regulations Relative To Idling School Buses, Consistency With "Air Pollution Control Act (1954)."
  8. a. The rules and regulations adopted pursuant to paragraph (4) of subsection b. of section 3 of P.L.2005, c.219 (C.26:2C-8.28), shall be consistent...
• Section 26:2c-8.34 - Submissions To Dep By Owner Of Regulated Vehicle, Equipment.
  9. a. Except as otherwise provided for in this section, any owner of a regulated vehicle or regulated equipment shall submit to the Department...
• Section 26:2c-8.35 - Approval Of Fleet Retrofit Plans.
  10. a. The department shall review, and approve or disapprove all parts of any fleet retrofit plan, combined fleet retrofit plan, or fleet averaging...
• Section 26:2c-8.36 - Anniversary Date Of Plans, Submissions Required From Owner.
  11. a. The date on which all parts of a fleet retrofit plan, combined fleet retrofit plan, or fleet averaging plan have been approved...
• Section 26:2c-8.37 - Inapplicability Relative To Vehicles, Equipment Meeting Federal Standard.
  12. Notwithstanding the provisions of P.L.2005, c.219 (C.26:2C-8.26 et al.), or any rule or regulation adopted pursuant thereto, to the contrary, no best available...
• Section 26:2c-8.38 - Voluntary Repowering, Replacing, Or Rebuilding Of Equipment.
  13. Notwithstanding the provisions of P.L.2005, c.219 (C.26:2C-8.26 et al.), or any rule or regulation adopted pursuant thereto, to the contrary, no owner of...
• Section 26:2c-8.39 - Record Listing For Each Regulated Vehicle, Piece Of Equipment.
  14. a. Each owner of regulated vehicles or regulated equipment shall keep, at the place of business of the owner a record listing for...
• Section 26:2c-8.40 - Labeling Of Retrofit Devices.
  15. Each retrofit device that is installed in the State shall be labeled with a legible and durable label affixed to the device. The...
• Section 26:2c-8.41 - Compliance Forms For Regulated Equipment.
  16. a. The Department of Environmental Protection shall develop and issue to each owner of regulated equipment compliance forms for the regulated equipment no...
• Section 26:2c-8.42 - Issuance Of One-page Compliance Forms.
  17. a. No later than 180 days after the date on which the owner of regulated vehicles or regulated equipment submits a notice to...
• Section 26:2c-8.43 - Retaining Form On Vehicle, Piece Of Equipment; Record Copies.
  18. a. Upon receipt of the compliance form for a vehicle or piece of equipment required to use best available retrofit technology pursuant to...
• Section 26:2c-8.44 - Mvc Rules, Regulations Relative To One-time Confirmation Of Compliance With Plans.
  19. a. No later than two years after the effective date of P.L.2005, c.219 (C.26:2C-8.26 et al.), the New Jersey Motor Vehicle Commission shall...
• Section 26:2c-8.45 - Alternative Approach For Reimbursement Of Cost For Retrofit Devices.
  20. a. The provisions of section 6, section 7, section 14, sections 16 through 19, inclusive, and sections 29 through 31, inclusive, of P.L.2005,...
• Section 26:2c-8.46 - Joint Rules, Regulations Relative To Training.
  21. The Department of Environmental Protection and the New Jersey Motor Vehicle Commission shall adopt jointly, pursuant to the "Administrative Procedure Act," P.L.1968, c....
• Section 26:2c-8.47 - Consultation When Adopting Rules, Regulations.
  22. Except as may otherwise be provided in rules and regulations jointly adopted pursuant to subsection e. of section 6, and section 21 of...
• Section 26:2c-8.48 - Coordination Of Programs By Dep With Mvc And Dlps.
  23. Except as otherwise provided in rules and regulations jointly adopted pursuant to subsection e. of section 6, and section 21 of P.L.2005, c.219...
• Section 26:2c-8.49 - Coordination Of Programs By Dlps With Dep And Mvc.
  24. The Department of Law and Public Safety shall consult with the Department of Environmental Protection and the New Jersey Motor Vehicle Commission when...
• Section 26:2c-8.50 - Percentage Of Ultra-low Sulfur Diesel Fuel Required On-road.
  25. a. (Deleted by amendment, P.L.2006, c.94). b.No sooner than July 15, 2006, and following a public hearing held by the Department of Environmental...
• Section 26:2c-8.51 - Inapplicability Relative To Farm Vehicles, Equipment.
  26. No provision of P.L.2005, c.219 (C.26:2C-8.26 et al.) shall be construed to apply to any vehicle or equipment used on, or in the...
• Section 26:2c-8.52 - Violations, Penalties.
  27. a. Whenever the Commissioner of Environmental Protection finds that a person has violated a provision of P.L.2005, c.219 (C.26:2C-8.26 et al.), or any...
• Section 26:2c-8.53 - "Diesel Risk Mitigation Fund"; Money Credited, Use.
  28. a. There is established in the Department of the Treasury a special, nonlapsing fund to be known as the "Diesel Risk Mitigation Fund."...
• Section 26:2c-8.54 - Allocation Of Moneys In Fund, Application For Reimbursement.
  29. a. Moneys in the fund shall be allocated and used to provide reimbursement to the owners of regulated vehicles or regulated equipment for...
• Section 26:2c-8.55 - Rules, Regulations Relative To Filing Requirements For Reimbursement.
  30. a. The State Treasurer shall adopt, in consultation with the Department of Environmental Protection, pursuant to the"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et...
• Section 26:2c-8.56 - Denial Of Application For Reimbursement.
  31. a. The State Treasurer may deny an application for reimbursement from the fund, and any reimbursement from the fund may be recoverable by...
• Section 26:2c-8.57 - Prohibitions Relative To Certain Retrofitting Of Diesel-powered Vehicles.
  1.No person shall retrofit any diesel-powered vehicle with any device, smoke stack, or other equipment which enhances the vehicle's capacity to emit soot, smoke,...
• Section 26:2c-9 - Department's Duties Relative To Air Pollution Control; Fees
  9. a. The department shall conduct ambient air quality tests, on at least a monthly basis and wherever possible in conjunction with the county...
• Section 26:2c-9.1 - Interference With Performance Of Duties; Entrance To Premises
  No person shall obstruct, hinder or delay, or interfere with by force or otherwise, the performance by the department or its personnel of any...
• Section 26:2c-9.2 - Regulation Of Equipment, Control Apparatus
  13. a. No person shall construct, reconstruct, install, or modify equipment or control apparatus and then use or cause to be used that equipment...
• Section 26:2c-9.3 - Findings, Declarations, Determinations
  1. The Legislature finds and declares that to enhance and improve the quality of the environment and to protect and foster the public health...
• Section 26:2c-9.4 - Construction, Etc., Of Air Pollution Control Equipment During Pendency Of Permit Application
  2. Except where specifically prohibited under the federal "Clean Air Act" (42 U.S.C. s.7401 et seq.) pursuant to (a) 42 U.S.C. s.7502 for new...
• Section 26:2c-9.5 - Emission Fees.
  5. a. (1) Each major facility shall pay to the department a fee or fees as calculated pursuant to this subsection and subsection d....
• Section 26:2c-9.6 - Dedication, Appropriation Of Revenues
  6.Pursuant to the mandate of the federal Clean Air Act, all revenues collected pursuant to section 5 of P.L.1995, c.188 (C.26:2C-9.5) shall be dedicated...
• Section 26:2c-9.7 - Annual Report On Air Quality
  7.On or before March 1, 1996, and annually thereafter, the department shall prepare and submit to the Governor and the Legislature an annual report...
• Section 26:2c-9.8 - Rules, Regulations; Fees.
  8. a. Within 90 days after the effective date of this act, the department shall propose, pursuant to the provisions of the "Administrative Procedure...
• Section 26:2c-14 - Order To Cease
  Whenever the department has cause to believe that any person is violating any code, rule or regulation promulgated by the department, the department shall...
• Section 26:2c-14.1 - Hearing On Request; Final Order
  Any person aggrieved by an order of the department has 20 days from receipt of the order within which to deliver to the commissioner...
• Section 26:2c-16 - Evidence At Hearing; Transcript
  The testimony taken at any hearing shall be under oath and recorded stenographically, but the parties shall not be bound by the strict rules...
• Section 26:2c-17 - Hearings Before Department
  Any hearing required by this act to be held before the department shall be held before the State Commission of Health, or a member...
• Section 26:2c-19 - Actions To Prohibit And Prevent Violations; Civil Administrative Penalty; Civil Penalty; Notice Of Release Of Air Contaminants; Penalties; Alternative Dispute Resolution
  19. a. If any person violates any of the provisions of P.L.1954, c.212 (C.26:2C-1 et seq.) or any code, rule, regulation or order adopted...
• Section 26:2c-19.1 - Findings, Declaration
  1. The Legislature finds that equipment in facilities regulated by the "Air Pollution Control Act (1954)," P.L.1954, c.212, may malfunction or fail to perform...
• Section 26:2c-19.2 - Entitlement To Affirmative Defense
  2. a. A person shall be entitled to an affirmative defense to liability for penalties for a violation of a condition, emission rate, limit,...
• Section 26:2c-19.3 - No Entitlement To Affirmative Defense
  3. A person shall not be entitled to an affirmative defense to liability pursuant to section 2 of P.L.1993, c.89 (C.26:2C-19.2) for any violation...
• Section 26:2c-19.4 - Construction Of Act
  4. Nothing in P.L.1993, c.89 (C.26:2C-19.1 et seq.) shall be construed to limit or alter the responsibility of a person who causes a release...
• Section 26:2c-19.5 - Rules, Regulations; Unavailability Of Affirmative Defense
  5. a. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations that establish limitations upon...
• Section 26:2c-20 - Review
  Review of any final decision or action by the department shall be by procedure in lieu of prerogative writs. Review of the validity of...
• Section 26:2c-21 - Existing Remedies Not Impaired
  No existing civil or criminal remedy for any wrongful action which is a violation of any code, rule or regulation of the commission shall...
• Section 26:2c-22 - Relation Of Local Ordinances Or Regulations To State Law
  22. a. (1) No ordinances of any governing body of a municipality or county or board of health more stringent than P.L.1954, c.212 (C.26:2C-1...
• Section 26:2c-23 - Functions Of Department Of Health Not Impaired
  The powers, duties and functions vested in the State Department of Health under the provisions of this act shall not be construed to affect...
• Section 26:2c-24 - Clean Air Scholarship Intern Program
  (a) There is hereby established a Clean Air Scholarship Intern Program. (b) The Commissioner of the Department of Environmental Protection may provide for the...
• Section 26:2c-25 - Graduate Study Program
  The commissioner, subject to available appropriations and grants from other sources, may provide within the Department of Health for a program of graduate study...
• Section 26:2c-25.1 - Small Business Compliance Advisory Panel
  11.For the purposes of complying with the federal Clean Air Act, there is created in the Department of Environmental Protection a Small Business Compliance...
• Section 26:2c-25.2 - Industry, Environmental Work Groups
  12.The department shall establish industry and environmental work groups as appropriate to consult on matters relating to the regulation of air pollution sources. The...
• Section 26:2c-26 - Short Title
  This act shall be known and may be cited as the "Air Pollution Emergency Control Act (1967)." L.1967, c. 108, s. 1, eff. June...
• Section 26:2c-27 - Legislative Findings
  The Legislature finds and declares that air pollution may at certain times and in certain places so seriously affect the health of the public...
• Section 26:2c-28 - "Area" Defined
  As used in this act "area" means and refers not only to that portion or portions of the State as shall be described in...
• Section 26:2c-29 - Air Pollution Emergency; Determination
  If the State Commissioner of Health determines at any time that air pollution, in any county, locality, place or other area in the State...
• Section 26:2c-30 - Proclamation By Governor
  The declaration by proclamation of the Governor of an air pollution emergency and any order issued by the Governor pursuant to such declaration shall...
• Section 26:2c-31 - Gubernatorial Order; Duration
  Any gubernatorial order may be amended or modified by further gubernatorial orders. Said order or orders shall not require any judicial or other order...
• Section 26:2c-32 - Enforcement Of Orders
  The aforesaid orders of the Governor shall be enforced by the Departments of Health, Defense, and the State and local police and air pollution...
• Section 26:2c-33 - Violation Of Order; Penalty
  Any person, firm, corporation or other entity within this State which violates any Governor's order with knowledge of same, or knowingly fails to comply...
• Section 26:2c-34 - Liability For Torts In Enforcement Of Order
  No cause of action against the State or any person authorized by the Governor to enforce any order issued pursuant to this act for...
• Section 26:2c-35 - Aggrieved Persons; Hearing; Notice
  Any aggrieved person, firm or corporation or other entity upon application to the commissioner shall be granted a public hearing on the question of...
• Section 26:2c-36 - Stand-by Orders
  The commissioner shall promulgate a set of proposed stand-by orders which might be appropriate for use by the Governor upon declaration of the emergency...
• Section 26:2c-37 - Short Title.
  1.This act shall be known and may be cited as the "Global Warming Response Act." L.2007, c.112, s.1.
• Section 26:2c-38 - Findings, Declarations Relative To Greenhouse Gas Emissions.
  2. The Legislature finds and declares that internationally the issue of global warming has caused alarm, awareness, and action concerning climate changes occurring around...
• Section 26:2c-39 - Definitions Relative To Greenhouse Gas Emissions.
  3. For the purposes of this act: "Department" means the Department of Environmental Protection. "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons,...
• Section 26:2c-40 - Limit On Statewide Greenhouse Gas Emissions Mandated For 2020, 2050.
  4. a. No later than January 1, 2020, the level of Statewide greenhouse gas emissions shall be reduced to, or below, the 2020 limit....
• Section 26:2c-41 - Rules, Regulations For Monitoring, Reporting Emissions.
  5. a. No later than January 1, 2009, the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules...
• Section 26:2c-42 - Evaluation Of Policies, Measures For Achievement Of 2020 Limit, 2050 Limit; Reports.
  6. a. The department, in consultation with the Board of Public Utilities, the Department of Agriculture, the Department of Transportation, and the Department of...
• Section 26:2c-43 - Transmission Of Biennial Report On Greenhouse Gas Emission Statistics; 2015 Evaluation.
  7. a. No later than January 1, 2009, and biennially thereafter, the department shall prepare and transmit, in writing, a report to the Governor,...
• Section 26:2c-44 - Designation Of Independent Research Panel To Review Agency Reports.
  9. a. No later than June 30, 2008, the department shall designate an independent research review panel consisting of economists, business managers, nonprofit environmental...
• Section 26:2c-45 - Findings, Declarations Relative To Reduction Of Greenhouse Gas Emissions.
  1.The Legislature finds and declares that New Jersey should implement cost-effective measures to reduce emissions of greenhouse gases, and that emissions trading and the...
• Section 26:2c-46 - Definitions Relative To Reduction Of Greenhouse Gas Emissions.
  2.As used in sections 1 through 11 and sections 14 and 15 of P.L.2007, c.340 (C.26:2C-45 et seq.): "Allowance" means a limited authorization, as...
• Section 26:2c-47 - Actions Of Department Relative To Allowances; Report To Governor, Legislature.
  3. a. (1) The department, by rule or regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall take any...
• Section 26:2c-48 - Certified Dispatch Agreement Facility Eligible To Purchase Allowances, Price.
  4.A dispatch agreement facility that has been certified pursuant to section 5 of P.L.2007, c.340 (C.26:2C-49) shall be eligible to purchase allowances at the...
• Section 26:2c-49 - Certification That Dispatch Agreement Facility Qualifies For Purchase Of Allowances.
  5. a. The owner or operator of a dispatch agreement facility may certify to the department that the dispatch agreement facility qualifies to purchase...
• Section 26:2c-50 - "Global Warming Solutions Fund."
  6.There is established in the Department of the Treasury a special, nonlapsing fund to be known as the "Global Warming Solutions Fund." The fund...
• Section 26:2c-51 - Coordination In Administration Of Programs; Use Of Moneys.
  7. a. The agencies administering programs established pursuant to this section shall maximize coordination in the administration of the programs to avoid overlap between...
• Section 26:2c-52 - Guidelines, Priority Ranking System For Allocation Of Funds.
  8. a. Within one year after the date of enactment of P.L.2007, c.340 (C.26:2C-45 et al.), the department, in consultation with the New Jersey...
• Section 26:2c-53 - Annual Appropriation Of Moneys In Fund.
  9. a. The annual appropriations act for each State fiscal year shall, without other conditions, limitations or restrictions, appropriate the moneys in the Global...
• Section 26:2c-54 - Interim Decision As To Comparability Of National Program; Rules, Regulations; Final Decision; Disposition Of Allowances.
  10. a. Within three months after the enactment of federal law providing for implementation of a national emissions allowance trading program, the Commissioner of...
• Section 26:2c-55 - Authority Of Commissioner, Board President.
  11. a. Notwithstanding the provisions of any other law, rule or regulation to the contrary, to further the purposes of P.L.2007, c.340 (C.26:2C-45 et...
• Section 26:2c-56 - Action Plan For Ratepayer Relief, Certain Circumstances.
  14. a. If the price of allowances at two consecutive regional auctions in which the State of New Jersey is a participant exceeds $7...
• Section 26:2c-57 - Severability.
  15.If any provision of P.L.2007, c.340 (C.26:2C-45 et al.) or its application to any person or circumstance is held invalid, the invalidity shall not...
• Section 26:2d-1 - Short Title
  This act shall be known and may be cited as the "Radiation Protection Act." L.1958, c. 116, p. 592, s. 1.
• Section 26:2d-2 - Definitions
  As used in this act, unless the context indicates another or different meaning or intent: (a) "Commission" means the Commission on Radiation Protection created...
• Section 26:2d-3 - Commission On Radiation Protection
  There is hereby created in the Department of Environmental Protection the Commission on Radiation Protection, which shall consist of 10 members, three of whom...
• Section 26:2d-4 - Commissioners' Terms
  Commissioners appointed by the Governor shall be appointed for a term of four years commencing on July 1 of the year of appointment, except...
• Section 26:2d-5 - Compensation Of Commissioners
  Commissioners shall serve without compensation but shall be entitled to be reimbursed for expenses necessarily incurred in the performance of their duties. L.1958, c....
• Section 26:2d-6 - Organization, Officers
  The commission annually shall organize as soon as possible after July 1, and shall elect a chairman, vice-chairman and a secretary from its own...
• Section 26:2d-7 - Promulgation Of Codes, Rules Or Regulations
  The commission shall have the power to formulate, adopt, promulgate, amend and repeal codes, rules and regulations as may be necessary to prohibit and...
• Section 26:2d-8 - Review Of Policies And Program Of Department Of Health
  It shall be the duty of the commission to review the policies and program of the department as developed under authority of this act;...
• Section 26:2d-9 - Duties Of Department
  The department shall: (a) Administer this act and codes, rules or regulations promulgated by the commission; (b) Provide the commission with the necessary personnel...
• Section 26:2d-9.1 - Agreements With Federal Government; Assumption Of Regulatory Authority By State
  The Governor, on behalf of the State, may enter into agreements with the Federal Government providing for discontinuance by the Federal Government and assumption...
• Section 26:2d-9.2 - Agreements With Federal Government Or Other States Or Agencies; Performance Of Functions On Co-operative Basis
  The department may (a) enter into agreements, subject to the approval of the Governor, with the Federal Government, other States or interstate agencies to...
• Section 26:2d-10 - Prevention Of Exposure To Unnecessary Radiation
  All sources of radiation shall be shielded, transported, handled, used and kept in such manner as to prevent all users thereof and all persons...
• Section 26:2d-11.1 - Embargo Of Articles With Radiation Hazards; Tagging; Prohibition Of Use, Sale Or Disposal, Or Impoundment; Disposal Or Return; Conditions
  Notwithstanding any other remedy available to the department, whenever an agent of the department finds or has probable cause to believe that any material,...
• Section 26:2d-11.2 - Embargo; Hearing; Stay; Conditions
  Any person aggrieved by an embargo imposed under the provisions of this act who shall apply therefor within 30 days after the imposition of...
• Section 26:2d-12 - Emergency Orders; Hearing
  Whenever the department finds that an emergency exists requiring immediate action to protect the public health or welfare, it may issue an order reciting...
• Section 26:2d-13 - Actions To Prevent Violations; Injunctions; Penalties
  The department may bring a civil action in the Superior Court to prevent the violation of the provisions of this act or codes, rules...
• Section 26:2d-14 - Service Of Notice
  Any notice, order or other instrument issued pursuant to this act may be served personally or by mailing a copy thereof by certified mail...
• Section 26:2d-15 - Existing Remedies Not Impaired
  No existing civil or criminal remedy for any action which is a violation of any code, rule or regulation of the commission shall be...
• Section 26:2d-16 - Review
  Any code, or rule or regulation of the commission or determination or finding of the department shall be reviewable in the Superior Court by...
• Section 26:2d-17 - Approval Of Local Regulations
  No ordinance, resolution or regulation concerning unnecessary radiation adopted by any municipality, county or local board of health shall be effective until a certified...
• Section 26:2d-18 - Radioactive Materials; Transportation Or Storage Or Detention Pending Transit; Certificate Of Handling
  No person shall transport into or through the State, or store, hold or detain pending or during such transit, any of the following materials...
• Section 26:2d-19 - Submission Of Information And Issuance Of Certificate
  a. Any person seeking to obtain such a certificate shall submit to the department, not less than 7 business days prior to the storage...
• Section 26:2d-20 - Discharge Or Threat Of Discharge Of Radioactivity; Prevention Or Abatement; Recovery Of Costs
  In the event of a discharge of radioactivity, or threat thereof, resulting from a radiation source in storage or transit in this State, the...
• Section 26:2d-21 - Rules And Regulations
  Without limiting or impairing in any way the powers heretofore provided by the act to which this act is a supplement, the commission is...
• Section 26:2d-22 - Violations; Penalties; Crime Of Fourth Degree; Enforcement
  Any person who violates any provision of this act shall be liable to the penalties contained in P.L.1958, c. 116. Any person who violates...
• Section 26:2d-23 - Obstruction, Hindrance, Delay Or Interference Of Personnel Of Department In Performance Of Duties
  No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by the department, its personnel or any of its...
• Section 26:2d-23.1 - Radioactive Materials Prohibited From Transportation Or Storage In Transit
  It shall be unlawful for any person to transport or store in transit the following radioactive materials in any county in New Jersey which...
• Section 26:2d-23.2 - Designation Or Definition Of Additional Categories Or Subcategories
  The department may, pursuant to the "Administrative Procedure Act" P.L.1968, c. 410 (C. 52:14B-1 et seq.), designate or define any categories or subcategories of...
• Section 26:2d-23.3 - Certificates Of Handling
  Notwithstanding the provisions of sections 1 and 2 of this act, the department may issue "certificates of handling" on a case-by-case basis for radioactive...
• Section 26:2d-23.4 - Violations; Penalties
  Any person who violates the provisions of this act shall, in addition to any penalties imposed pursuant to section 13 of P.L.1958, c. 116...
• Section 26:2d-24 - Legislative Findings And Declarations
  The Legislature hereby finds and declares that the citizens of the State of New Jersey are entitled to the maximum protection practicable from the...
• Section 26:2d-25 - Short Title
  This act shall be known and may be cited as the "Radiologic Technologist Act." L.1981, c. 295, s. 2, eff. Oct. 9, 1981.
• Section 26:2d-26 - Definitions.
  3.As used in this act: a."Board" means the Radiologic Technology Board of Examiners created pursuant to section 5 of this act. b."License" means a...
• Section 26:2d-27 - X-ray Technologist Licenses.
  4. a. Except as hereinafter provided, no person other than a licensed practitioner or the holder of a license as provided in this act...
• Section 26:2d-27.1 - Additional License Required To Operate Hybrid Fusion Imaging Technology; Terms Defined.
  1.Notwithstanding any other provision of P.L.1981, c.295 (C.26:2D-24 et seq.) to the contrary, a licensed nuclear medicine technologist, upon obtaining an additional license pursuant...
• Section 26:2d-27.2 - Rules, Regulations.
  2.Within one year of the date of enactment of P.L.2013, c.119 (C.26:2D-27.1 et seq.), the Commission on Radiation Protection shall establish rules and regulations...
• Section 26:2d-28 - Radiologic Technology Board Of Examiners.
  5. a. There is created a Radiologic Technology Board of Examiners which shall be an agency of the Commission on Radiation Protection in the...
• Section 26:2d-29 - Qualifications
  a. The board shall admit to examination for licensing any applicant who shall pay to the department a nonrefundable fee established by rule of...
• Section 26:2d-30 - Training Programs
  a. The program of diagnostic x-ray technology shall be at least a 24-month course or its equivalent, as determined by the board. The curriculum...
• Section 26:2d-31 - License Examination; In Lieu Certificate, Registration Or License
  a. Each applicant shall be required to pass a license examination designated and approved by the board for his specialty. b. The board shall...
• Section 26:2d-32 - Issuance Of Licenses
  a. The board shall issue a license to each candidate who has either successfully passed the examination, or who has paid the prescribed fee...
• Section 26:2d-33 - Licenses; Renewal; Duration; Fee; Radiologic Technologist; Renewal Within 5 Years; Existing Certificates; Cxt Certification; Limited Certificate
  a. All licenses are renewable on December 31 of every even numbered year following the year of its issuance. A license shall be renewed...
• Section 26:2d-34 - Suspension, Revocation, Censure Or Other Discipline
  a. The license of a radiologic technologist may be suspended for a fixed period, or may be revoked, or the technologist may be censured,...
• Section 26:2d-35 - Employment Of Unlicensed Radiologic Technologist
  No person shall knowingly or negligently employ as a radiologic technologist any person who requires and does not possess a valid license to engage...
• Section 26:2d-36 - Violations; Sanctions
  Any person who violates any provision of this act or any rule, regulation or order promulgated or issued pursuant to the act to which...
• Section 26:2d-37 - Short Title
  This act shall be known and may be cited as "The Radiation Accident Response Act." L.1981, c. 302, s. 1, eff. Oct. 27, 1981.
• Section 26:2d-38 - Legislative Findings And Determinations
  The Legislature hereby finds and determines that the citizens of the State of New Jersey are entitled to the maximum protection possible from any...
• Section 26:2d-39 - Definitions
  As used in this act: a. "Department" means the Department of Environmental Protection; b. "Division" means the Division of State Police in the Department...
• Section 26:2d-40 - State Radiation Emergency Response Plan; Preparation And Adoption; Revision And Update
  The department and the division, after consultation with the Departments of Health, Energy, and Transportation and after careful review of all relevant guidelines established...
• Section 26:2d-41 - Municipality With Nuclear Facilities Or Designation As Affected Municipality; Local Radiation Emergency Response Plan
  Every municipality in each county wherein is located one or more nuclear facilities or which is designated as an affected municipality within 6 months...
• Section 26:2d-42 - County Emergency Response Plans
  Every county wherein is located one or more nuclear facilities or which is designated as an affected county, shall, within 6 months of the...
• Section 26:2d-43 - Powers And Duties Of Department
  The department is authorized and directed to: a. Carry out all duties and responsibilities established by any memorandum of understanding between the department and...
• Section 26:2d-44 - Powers And Duties Of Division
  The division is authorized and directed to: a. Carry out all duties and responsibilities established by any memorandum of understanding between the department and...
• Section 26:2d-45 - Duties Of Department Of Health
  The Department of Health shall, within 1 year of the effective date of this act: a. Complete and update annually a study of the...
• Section 26:2d-46 - Duties Of Department Of Transportation
  The Department of Transportation shall, within 1 year of the effective date of this act: a. Complete a study evaluating all means of transportation...
• Section 26:2d-47 - Duties Of Department Of Energy
  The Department of Energy shall, within 1 year of the effective date of this act: a. Complete a study and evaluation of all existing...
• Section 26:2d-48 - Assessment Against Operator Of Nuclear Electric Generating Facility; Levy And Payment.
  12. a. In order to defray the expenses of local, county and State agencies in discharging their responsibilities under this act, including those costs...
• Section 26:2d-48.1 - Additional Assessment For Provision Of Supplemental Security.
  2.To defray the costs incurred by the State in providing supplemental security, the State Treasurer shall annually make an assessment against the operator of...
• Section 26:2d-48.2 - Operator Not Liable For Assessment Under Certain Circumstances.
  3.Commencing with the Fiscal Year 2008, an operator of a nuclear electric generating facility shall not be liable for an assessment under section 2...
• Section 26:2d-49 - Objections; Hearing
  Within 15 days after the date of mailing a statement as provided in this act, the operator of a nuclear electric generating facility against...
• Section 26:2d-50 - Determination By State Treasurer; Amended, Invalid Or Valid Statement
  If, after the hearing, the State Treasurer finds that any part of the charge against the objecting operator of a nuclear electric generating facility...
• Section 26:2d-51 - Prohibition Of Action To Restrain Or Delay Payment; Refund After Payment
  No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement...
• Section 26:2d-52 - Failure To Pay Or File Objections
  If any affected operator of a nuclear electric generating facility, to which a statement for the amount assessed against it as provided in this...
• Section 26:2d-53 - Rules And Regulations
  The department and the division are authorized in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.),...
• Section 26:2d-54 - Inspection Of Buildings And Places
  The department and the division shall have the authority to enter and inspect any building or place for the purpose of determining compliance or...
• Section 26:2d-55 - Continuance And Expiration Of Existing State Radiation Emergency Plan
  The existing State Radiation Emergency Plan, as contained in the PIPAG Manual (Procedures for Implementing Protective Action Guides), or any other radiation emergency plan...
• Section 26:2d-56 - Severability
  If any section, part, phrase, or provision of this act or the application thereof to any person be adjudged invalid by any court of...
• Section 26:2d-57 - Violations; Penalty; Injunction
  Any person who willfully violates this act or any rule, or regulation promulgated pursuant hereto, including the State Radiation Emergency Response Plan, shall be...
• Section 26:2d-58 - Advice Of Governor's Advisory Council For Emergency Services
  In implementing the provisions of this act, the department and the division shall seek the advice of the Governor's Advisory Council for Emergency Services...
• Section 26:2d-59 - Radon Gas, Progeny Study
  The Department of Environmental Protection shall prepare and transmit to the Governor and Legislature a study concerning the dangers posed to the public health,...
• Section 26:2d-60 - Voluntary Registry
  The Department of Health shall conduct an epidemiologic study of cancer and the presence of radon gas and radon progeny in residential dwellings and...
• Section 26:2d-61 - Monitoring
  The Department of Environmental Protection and the Department of Health shall coordinate to establish a program of confirmatory monitoring of the presence of radon...
• Section 26:2d-62 - Public Information And Education Program
  The Departments of Environmental Protection and Health shall also coordinate to establish a public information and education program to inform the public of the...
• Section 26:2d-70 - Radon Tester Certification
  The Department of Environmental Protection shall within 180 days of the enactment of this act establish a program for the certification of persons who...
• Section 26:2d-71 - Radon Mitigator Certification
  The Department of Environmental Protection shall within 180 days of the enactment of this act establish a program for the certification of persons who...
• Section 26:2d-72 - Mandatory Programs
  Beginning 90 days after the establishment of the certification programs by the Department of Environmental Protection pursuant to sections 1 and 2 of this...
• Section 26:2d-73 - Confidentiality
  No person shall disclose to any person, except to the Department of Environmental Protection or the Department of Health, the address or owner of...
• Section 26:2d-74 - Disclosure To Department Of Environmental Protection
  A person certified pursuant to section 1 or 2 of this act to provide testing or mitigation services shall, within 30 days of the...
• Section 26:2d-75 - Fee Schedule
  The department shall establish a fee schedule to cover the costs of the certification programs established pursuant to sections 1 and 2 of this...
• Section 26:2d-76 - Rules, Regulations
  The department shall, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations to implement the...
• Section 26:2d-77 - 3rd Degree Crimes
  A person who violates the provisions of section 3, 4, or 5 of this act, or any rule or regulation adopted pursuant thereto, is...
• Section 26:2d-78 - Not Public Records
  For the purposes of P.L. 1963, c. 73 (C. 47:1A-1 et seq.), health data relating to individuals and data relating to radon gas and...
• Section 26:2d-79 - Specialized Scientific Personnel
  The Departments of Environmental Protection and Health are authorized to employ persons with specialized scientific training necessary to implement the provisions of P.L. 1985,...
• Section 26:2d-80 - New-house Testing
  The Department of Community Affairs is authorized to enter into an agreement with a public or private agency to carry out testing for radon...
• Section 26:2d-81 - Findings, Declarations
  The Legislature finds and declares that: Tanning facilities are not regulated by the State of New Jersey and the number of tanning facilities is...
• Section 26:2d-82 - "Tanning Facility" Defined
  As used in this act: "tanning facility" means any location, place, area, structure or business that, either as a sole service or in conjunction...
• Section 26:2d-82.1 - Restrictions On Use Of Tanning Facilities By Minors.
  1. a. A tanning facility operator shall not permit a person who is under 17 years of age to use a tanning facility, except...
• Section 26:2d-83 - Minimum Safety Standards For Tanning Facilities Established.
  3.The Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall, by regulation, establish minimum safety standards for tanning facilities. The standards...
• Section 26:2d-84 - Compliance With Safety Standards; Certification, Periodic Inspections
  The local board of health in the municipality in which a tanning facility is located shall certify that a facility is in compliance with...
• Section 26:2d-85 - "Non-ionizing Radiation Fund."
  5.There is established in the Department of Health a nonlapsing revolving fund known as the "Non-Ionizing Radiation Fund." The fund shall be credited with...
• Section 26:2d-86 - Tanning Facility; Annual Registration, Fee.
  6. a. A tanning facility shall register annually with the Department of Health on forms provided by the department and shall pay to the...
• Section 26:2d-87 - Violations, Penalties.
  7.A person who violates the provisions of P.L.1989, c.234 (C.26:2D-81 et seq.) and P.L.2006, c.48 (C.26:2D-82.1 et al.) is subject to a penalty of...
• Section 26:2d-88 - Rules, Regulations.
  8.In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health, in consultation with the Commissioner of Environmental Protection,...
• Section 26:2d-89 - Report To Governor, Legislature.
  4.The Commissioner of Health shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than...
• Section 26:2f-1 - Short Title
  This act shall be known as the Public Health Priority Funding Act of 1977. L.1966, c. 36, s. 1. Amended by L.1977, c. 332,...
• Section 26:2f-2.1 - Legislative Findings And Declaration
  The Legislature finds and declares that there exists in New Jersey a serious and increasing incidence of various communicable and chronic diseases such as...
• Section 26:2f-3 - Definitions
  For the purposes of this act unless the context clearly requires a different meaning: (a) "Local health agency" means any county, regional, municipal or...
• Section 26:2f-6.1 - Public Health Priority Funds For Each Municipality; Determination; Formula
  Public health priority funds for each municipality within the local health agency shall be determined by the following formula: PHPF=(p/c factor x nip x...
• Section 26:2f-6.2 - Use Of Public Health Priority Funds
  Public health priority funds shall be used only for the support of priority health services provided by the local health agency, and shall not...
• Section 26:2f-7 - Special Projects And Development Fund, Established; Grants.
  7. (a) There is hereby established a special projects and development fund which shall consist of all funds appropriated or otherwise made available for...
• Section 26:2f-8 - Qualification For Grant By Local Health Agency
  A local health agency may qualify for a grant under one or more of the sections of this act. L.1966, c. 36, s. 8....
• Section 26:2f-9 - Public Health Priority Funding; Notification; Application
  Pending final passage of the applicable General Appropriations Act, the commissioner shall notify each eligible local health agency as to the priority health services...
• Section 26:2f-11 - Payments
  The sum payable as public health priority funds to each local health agency shall be payable one-half on July 1, and one-half on January...
• Section 26:2f-12 - Audit By Commissioner; Examination Of Agency Records; Unexpended Funds And Audit Exceptions; Return; Disposition
  In order to insure that the public health priority funds are expended in conformance with the provisions of this act, the commissioner shall, when...
• Section 26:2f-13 - Failure To Provide Or Meet Standards For Priority Health Services; Reduction Or Discontinuance Of Aid; Late Application Or Report; Penalty
  When it has been determined that a local health agency fails to provide priority health services in accordance with standards of performance called for...
• Section 26:2f-13.1 - Unallocated Public Health Priority Funds; Carry Forward; Special Grants
  Unallocated public health priority funds for the fiscal year may be carried forward and made available in the following fiscal year as special grants...
• Section 26:2f-13.2 - Administrative Rules
  The commissioner shall have all the powers necessary to make, establish and amend, after consultation with the Public Health Council, such administrative rules as...
• Section 26:2f-14 - Annual Report
  Each local health agency receiving public health priority funds shall on or before October 15 in each year, following the year for which the...
• Section 26:2f-15 - Per Capita Factor
  The per capita factor for the purposes of this act shall be specified for each year in the General Appropriations Act or in a...
• Section 26:2g-1 - Short Title; Purpose
  The act shall be known and may be cited as the "Narcotic and Drug Abuse Control Act of 1969." It shall be the purpose...
• Section 26:2g-2 - Division Of Narcotic And Drug Abuse Control; Establishment; Division Defined
  There is hereby established in the Department of Health a division which shall be known as the Division of Narcotic and Drug Abuse Control....
• Section 26:2g-3 - Certain Functions, Powers And Duties Of Commissioners Of Institutions And Agencies, Community Affairs And Health Transferred To Director
  All the functions, powers and duties of the Commissioner of Institutions and Agencies and the Commissioner of Community Affairs, in regard to the prevention...
• Section 26:2g-4 - Director Of Narcotic And Drug Abuse Control; Appointment
  The administrator and head of the division shall be a director, who shall be known as the Director of Narcotic and Drug Abuse Control,...
• Section 26:2g-5 - Additional Powers Of Director
  The director, as head of the division, shall have all of the functions, powers and duties heretofore vested in the Commissioner of Institutions and...
• Section 26:2g-6 - Organization Of Division; Rules And Regulations
  (a) The director shall organize the division and establish therein such bureaus and subordinate organizational units as he may deem necessary and expedient. He...
• Section 26:2g-7 - Federal Grants
  The director may apply for and accept on behalf of the State any grants from the Federal Government or any agency thereof, or from...
• Section 26:2g-8 - Appropriations
  All appropriations and other moneys available and to become available to any department, division, bureau or other agency, the functions, powers and duties of...
• Section 26:2g-9 - Transfer Of Certain Employees To Division Of Narcotic And Drug Abuse Control
  Such employees of any department, commission, council, board, authority, office or other agency, the functions, powers and duties of which have been herein assigned...
• Section 26:2g-10 - Civil Service, Pension And Retirement Protected
  Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by...
• Section 26:2g-11 - Transfer Of Certain Files, Books, Papers, Records And Equipment To Division Of Narcotic And Drug Abuse Control
  All files, books, papers, records, equipment and other property of any department, commission, council, board, office, authority or other agency, the functions, powers and...
• Section 26:2g-12 - Orders, Rules And Regulations Heretofore Made Not Affected By This Act
  This act shall not affect the orders, rules and regulations heretofore made or promulgated by any department, commission, council, board, authority, officer or other...
• Section 26:2g-13 - Actions Or Proceedings Not Affected By This Act
  This act shall not affect actions or proceedings, civil or criminal, brought by or against any department, commission, council, board, authority, officer or other...
• Section 26:2g-14 - Applications Or Requests; Filing
  Unless specifically otherwise provided in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications or requests are required...
• Section 26:2g-15 - Repeal Of Inconsistent Acts
  All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed....
• Section 26:2g-16 - Partial Invalidity
  If any provision of this act or the application thereof to any person or circumstances or the exercise of any power or authority thereunder...
• Section 26:2g-21 - Narcotic And Drug Abuse Treatment Centers; Public Policy
  It is declared to be the public policy of this State to provide for the development, establishment and enforcement of basic standards to insure...
• Section 26:2g-22 - Definitions
  As used in this act: (a) "Narcotic and drug abuse treatment center" means any establishment, facility or institution, public or private, whether operated for...
• Section 26:2g-23 - Certificate Of Approval; Application
  No narcotic and drug abuse treatment center shall operate within this State except pursuant to a certificate of approval obtained from the commissioner, upon...
• Section 26:2g-24 - Investigation Of Applicant; Issuance Of Certificate; Transfer Or Assignment; Display
  Upon receipt of an application for a certificate of approval, the commissioner shall cause an investigation to be made of the applicant and the...
• Section 26:2g-25 - Rules, Regulations, Standards Of Treatment; Classification Of Treatment Facilities; Notifications.
  5.The commissioner shall adopt, amend, promulgate and enforce such rules, regulations and minimum standards for the treatment of patients of narcotic and drug abuse...
• Section 26:2g-25.1 - Database Relative To Availability Of Beds In Residential Substance Use Disorders Treatment Facilities.
  1. a. The Division of Mental Health and Addiction Services in the Department of Human Services shall oversee the development and maintenance of a...
• Section 26:2g-25.2 - Submission Of Information For Publication On Database.
  2.Each residential substance use disorders treatment facility in the State that receives State or county funding shall submit to the database developed and maintained...
• Section 26:2g-26 - Inspection
  The commissioner shall make or cause to be made such inspection of the premises, for which a certificate of approval has been issued, from...
• Section 26:2g-27 - Denial, Revocation Or Suspension Of Certificate Of Approval; Notice; Hearing; Order; Appeal
  The commissioner after a hearing may deny, revoke, or suspend any certificate of approval granted under authority of this act to any person, firm,...
• Section 26:2g-28 - Unauthorized Operation Of Treatment Center; Penalty; Action To Recover Penalty
  Any person, firm, corporation, partnership, society or association who shall operate or conduct a narcotic and drug abuse treatment center without first obtaining the...
• Section 26:2g-29 - Unauthorized Operation Of Treatment Center; Injunction
  The commissioner may, in the manner provided by law, maintain an action in the name of the State of New Jersey for injunctive relief...
• Section 26:2g-30 - Date Of Compliance For Treatment Center In Operation At Time Of Promulgation Of Rules And Regulations
  Any facility for which a certificate of approval is required which is in operation at the time of promulgation of rules and regulations and...
• Section 26:2g-31 - Public Policy
  It is declared to be the public policy of this State that the prevention of drug abuse and addiction and the treatment and rehabilitation...
• Section 26:2g-32 - Definitions
  As used in this act: (a) "Commissioner" means the Commissioner of the New Jersey State Department of Health, or the person specifically designated by...
• Section 26:2g-33 - Establishment; Administration; Outreach Offices
  The Commissioner of the Department of Health shall establish a Statewide system of Drug Abuse Treatment and Counseling Clinics. The system shall be administered...
• Section 26:2g-34 - Program Of Medical And Community Services
  The clinics, regional centers, and outreach offices established hereunder shall provide a complete program of medical and community services in connection with all aspects...
• Section 26:2g-35 - Employees, Advisers And Consultants; Appointment
  The Commissioner of the Department of Health shall appoint and employ subject to the provisions of Title 11 of the Revised Statutes such employees,...
• Section 26:2g-36 - Rules And Regulations; State And Other Clinics
  The commissioner is authorized to adopt, promulgate and enforce rules and regulations and establish operating standards which shall be applicable to clinics which are...
• Section 26:2g-37 - Acceptance Of Gifts, Grants, Etc.
  The commissioner is authorized to contract for and to accept any gifts, grants, devises, bequests, funds, facilities, property, services, or assistance in any form...
• Section 26:2g-38 - Annual Preparation Of Substance Use Treatment Provider Performance Report.
  1. a. The Division of Mental Health and Addiction Services in the Department of Human Services shall annually prepare a Substance Use Treatment Provider...
• Section 26:2h-1 - Declaration Of Public Policy
  1. It is hereby declared to be the public policy of the State that hospital and related health care services of the highest quality,...
• Section 26:2h-2 - Definitions.
  2.The following words or phrases, as used in this act, shall have the following meanings, unless the context otherwise requires: a."Health care facility" means...
• Section 26:2h-4 - Health Care Administration Board; Membership; Appointment; Terms; Vacancies; Meetings; Compensation
  4. There shall be in the State Department of Health, a Health Care Administration Board which shall consist of 13 members, 11 of whom...
• Section 26:2h-5 - Commissioner's Powers.
  5. a. The commissioner, to effectuate the provisions and purposes of this act, shall have the power to inquire into health care services and...
• Section 26:2h-5a - Coordination Of Hospital Inspections
  The Commissioner of Health shall, to the extent possible and reasonable within the Department of Health's responsibilities under P.L.1971, c.136 (C.26:2H-1 et seq.), coordinate...
• Section 26:2h-5b - Routine Monitoring Of Pain As Fifth Vital Sign Required.
  1. a. The Commissioner of Health shall prescribe, by regulation, requirements to be adopted by health care facilities licensed pursuant to P.L.1971, c.136 (C.26:2H-1...
• Section 26:2h-5c - Rules, Regulations.
  2.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...
• Section 26:2h-5d - Provision Of Information By Home Health Agency To Patient.
  1. a. The Commissioner of Health, in consultation with the Director of the Division of Consumer Affairs in the Department of Law and Public...
• Section 26:2h-5e - Adoption Of Policies For Notifying Family Members Of Patient Deaths By Health Care Facilities.
  1.A general or special hospital, nursing home or assisted living residence licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall, commencing no later than...
• Section 26:2h-5f - Findings, Declarations Relative To Staffing In Certain Health Care Facilities.
  1.The Legislature finds and declares that hospital patients and nursing home residents, in the interest of being fully informed about the quality of health...
• Section 26:2h-5g - Compilation, Posting Of Certain Staffing Information By Health Care Facilities.
  2. a. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall compile, and shall post daily in the patient care area...
• Section 26:2h-5h - Rules, Regulations.
  3.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...
• Section 26:2h-5.1 - Collection Of Information On Costs And Revenues; Report To Legislature
  The Commissioner of the Department of Health shall, on a continuous basis, collect information concerning all costs and revenues of residential health care facilities...
• Section 26:2h-5.1a - Regulations Prescribed By Commissioner Relative To Appointment Of Monitor.
  2. a. The Commissioner of Health shall prescribe, by regulation: (1) specific indicators by which a general hospital may be evaluated for financial soundness,...
• Section 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.provide monthly unaudited financial information and annual audited financial...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 26:2h-5.10 - Findings, Declarations Relative To Use Of Needles, Sharp Devices In Health Care Facilities.
  1.The Legislature finds and declares that: a.The use of conventional needles results in increased risk of HIV infection and hepatitis B and C to...
• Section 26:2h-5.11 - Definitions Relative To Use Of Needles, Sharp Devices In Health Care Facilities.
  2.As used in this act: "Commissioner" means the Commissioner of Health. "Department" means the Department of Health. "Needle stick injury" means the parenteral introduction...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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.
• Section 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...
• Section 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...
• Section 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...
• Section 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 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 26:2h-5.29 - Construction Of Act Relative To Advanced 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 26:2h-6.1 - Findings, Declarations Relative To Certificate Of Need.
  1.The Legislature finds and declares that: a.The regulatory structure for the State's health care delivery system put in place in the 1970's was an...
• Section 26:2h-7 - Certificate Of Need Required For Construction, Expansion Of Health Care Facility.
  7.No health care facility shall be constructed or expanded, and no new health care service shall be instituted after the effective date of P.L.1971,...
• Section 26:2h-7a - Exemptions From Certificate Of Need Requirement.
  19.Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, the following are exempt from the certificate of need requirement: Community-based...
• Section 26:2h-7c - Exemptions From Certificate Of Need Requirement.
  16. a. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, 20 months after the effective date of P.L.1998, c.43...
• Section 26:2h-7d - Certain Health Care Equipment Exempt.
  18.Notwithstanding the provisions of P.L.1971, c.136 (C.26:2H-1 et seq.) to the contrary, health care equipment which involves new technology that is not identified in...
• Section 26:2h-7.1 - Exemption; Land Acquired Prior To Effective Date Of Act
  Any nonprofit entity chartered by the State of New Jersey as a nonprofit corporation pursuant to Title 15 of the Revised Statutes, which had...
• Section 26:2h-7.2 - Exemption From Certificate Of Need
  Notwithstanding the provisions of section 7 of P.L.1971, c. 136 (C. 26:2H-7) to the contrary, a nursing home which proposes to increase the total...
• Section 26:2h-7.3 - Nursing Homes Exempt From Certificate Of Need Requirement.
  1. a. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, a nursing home which is affiliated with a well...
• Section 26:2h-7.4 - Findings, Declarations
  1. The Legislature finds and declares that it is in the public interest for the State to facilitate the development of an effective and...
• Section 26:2h-7.5 - Definitions Regarding Subacute Care Units
  2. As used in this act: "Commissioner" means the Commissioner of Health. "Hospital" means an acute care general hospital licensed pursuant to P.L.1971, c.136...
• Section 26:2h-7.6 - Requirements For Subacute Care Unit.
  3. a. A hospital which proposes to utilize a portion of its licensed bed capacity for the purpose of establishing a subacute care unit...
• Section 26:2h-7.7 - Patient Diagnostic Categories; Inpatient Rehabilitation Criteria; Admission To Subacute Care, Requirements
  4. a. The determination of whether a hospital subacute care unit or a skilled nursing or comprehensive rehabilitation hospital or other type of facility...
• Section 26:2h-7.8 - Licensure Requirements; Quarterly Reports
  5. a. A subacute care unit shall be subject only to existing State long-term care facility licensure requirements and federal regulations governing Medicare participation....
• Section 26:2h-7.10 - Short Title.
  1.This act shall be known and may be cited as the "Community Health Care Assets Protection Act." L.2000,c.143,s.1.
• Section 26:2h-7.11 - Additional Requirements For Nonprofit Hospitals Relative To Acquisitions; Exemptions; Procedures.
  2.In addition to the requirements of P.L.1971, c.136 (C.26:2H-1 et seq.) concerning certificate of need and licensure requirements, a nonprofit hospital licensed pursuant to...
• Section 26:2h-7.12 - Exemption.
  3.A hospital owned and operated by a county is exempt from the provisions of this act. L.2000,c.143,s.3.
• Section 26:2h-7.13 - Applicability Of Act.
  4.The provisions of this act shall apply to any proposed acquisition of a nonprofit hospital that is initiated after the effective date of this...
• Section 26:2h-7.14 - Construction Of Act.
  5.Nothing in this act shall be construed to limit the existing authority of the Attorney General, the Commissioner of Health, or any other government...
• Section 26:2h-7.15 - Definitions Relative To Assisted Living.
  1.As used in this act: "Assisted living" means a coordinated array of supportive personal and health services, available 24 hours per day, which promote...
• Section 26:2h-7.16 - Evaluation Of Applicant Prior To Approval Of Certificate Of Need.
  2.Prior to approval of a certificate of need pursuant to section 7 of P.L.1971, c.136 (C.26:2H-7) for an assisted living residence or program, the...
• Section 26:2h-7.17 - Issuance Of Assisted Living Administrator Certification; Criminal History Record Check.
  3. a. The commissioner shall not issue an assisted living administrator certification, except on a conditional basis as provided for in subsection d. of...
• Section 26:2h-7.18 - Information Provided For Criminal History Record Background Check; Procedure.
  4. a. An applicant for certification or a certified assisted living administrator, who is required to undergo a criminal history record background check pursuant...
• Section 26:2h-7.19 - Applicant To Assume Cost Of Criminal History Record Background Check.
  5.The applicant for certification as an assisted living administrator or a certified assisted living administrator, as the case may be, shall assume the cost...
• Section 26:2h-7.20 - Fine For False Sworn Statement.
  6.A person submitting a false sworn statement pursuant to section 4 of this act shall be subject to a fine of not more than...
• Section 26:2h-7.21 - Rules, Regulations.
  8.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...
• Section 26:2h-8 - Requirements For Certificate Of Need
  8. No certificate of need shall be issued unless the action proposed in the application for such certificate is necessary to provide required health...
• Section 26:2h-9 - Issuance Of Certificate Of Need.
  9.Certificates of need shall be issued by the commissioner in accordance with the provisions of P.L.1971, c.136 (C.26:2H-1 et seq.) and based upon criteria...
• Section 26:2h-10 - Application For Certificate Of Need; Fee.
  10.Application for a certificate of need shall be made to the department, and shall be in such form and contain such information as the...
• Section 26:2h-11.1 - Requirements For Applicants For Certificate Of Need, Initial Licensure For Certain Facilities.
  1.In the case of an application for a certificate of need or initial licensure, as applicable, for a narcotic and drug abuse treatment center...
• Section 26:2h-12 - Operation, Requirements For Health Care Facility; Application For License; Fee.
  12. a. No health care service or health care facility shall be operated unless it shall: (1) possess a valid license issued pursuant to...
• Section 26:2h-12a - Requirements For Licensure Of Mental Health Programs
  5. A license issued to a mental health program by the Commissioner of Human Services pursuant to P.L.1995, c.321 (C.30:9A-18 et al.) shall be...
• Section 26:2h-12b - Religious Accommodation Regarding Admission Procedures At Licensed Health Care Facilities.
  1.No patient or family member of a patient shall be required to sign admission papers to a health care facility, as defined in section...
• Section 26:2h-12.1 - Health Care Facility To Provide Privileges For Podiatrists, Psychologists
  1. a. Any health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), which provides medical or surgical care, shall provide for the...
• Section 26:2h-12.2 - Repealed By L.2005,c.83,s.20, Amended By L.2005,c.259,s.34 To Change "Podiatry" To "Podiatric Medicine."
• Section 26:2h-12.2a - Maintenance Of Records Of Complaints, Disciplinary Actions.
  3. a. A health care entity shall maintain all records of all documented complaints of events related to patient care about, and disciplinary proceedings...
• Section 26:2h-12.2b - Notification Relative To Certain Impairments Of Health Care Professionals; Definitions.
  2. a. A health care entity shall notify the division in writing if a health care professional who is employed by, under contract to...
• Section 26:2h-12.2c - Disclosure Of Information By Health Care Entity.
  15. a. A health care entity, upon the inquiry of another health care entity, shall truthfully: (1)disclose whether, within the seven years preceding the...
• Section 26:2h-12.2d - Provision Of Information By Health Care Professional, Immunity From Civil Liability.
  16. a. A health care professional employed by or practicing at a health care entity shall promptly notify the person at the entity, who...
• Section 26:2h-12.3 - Hospital Respite Care Program
  A general hospital which has had an average of 20% or more of its beds vacant on weekends over a six month period may...
• Section 26:2h-12.4 - Application Procedure For Hospital Respite Care Program.
  2.A hospital applying for permission to establish a hospital respite care program is not required to apply for a certificate of need pursuant to...
• Section 26:2h-12.5 - Rules, Regulations
  The Commissioner of Health shall, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), promulgate such rules and regulations...
• Section 26:2h-12.6 - Care Of Newborn Children
  The governing body of a health care facility licensed in this State pursuant to P.L. 1971, c. 136 (C. 26:2H-1 et seq.) which provides...
• Section 26:2h-12.6a - Preparation, Distribution Of Resource Guide Providing Information On Child Abuse, Neglect.
  1. a. The Department of Children and Families, in consultation with the Department of Health, shall prepare a resource guide in both English and...
• Section 26:2h-12.6b - Definitions Relative To Emergency Contraception For Sexual Assault Victims.
  1.As used in P.L.2005, c.50 (C.26:2H-2.6b et seq.): "Commissioner" means the Commissioner of Health. "Division on Women" means the Division on Women in the...
• Section 26:2h-12.6c - Provision Of Emergency Care To Sexual Assault Victim.
  2.An emergency health care facility shall provide emergency care to a sexual assault victim. It shall be the standard of care for an emergency...
• Section 26:2h-12.6d - Policies, Procedures Concerning Personnel Training.
  3.An emergency health care facility shall have written policies and procedures to ensure that all personnel who provide care or information to a sexual...
• Section 26:2h-12.6e - Written Information Relative To Emergency Contraception For Sexual Assault Victims.
  4. a. The commissioner, in collaboration with the Director of the Division on Women, the New Jersey Coalition Against Sexual Assault, and the Sexual...
• Section 26:2h-12.6f - Responsibilities Of Commissioner Concerning Compliance.
  5. a. The commissioner shall: (1)investigate every complaint of noncompliance with the provisions of P.L.2005, c.50 (C.26:2H-12.6b et seq.) by an emergency health care...
• Section 26:2h-12.6g - Rules, Regulations.
  7.Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner, in consultation with the Director of the Division on Women and...
• Section 26:2h-12.7 - Legislative Findings And Declarations
  The Legislature finds and declares that a person admitted to a general hospital often feels overwhelmed and uncertain as to his condition and course...
• Section 26:2h-12.8 - Rights Of Persons Admitted To A General Hospital.
  2.Every person admitted to a general hospital as licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall have the...
• Section 26:2h-12.8a - Identification Of Staff Member To Patient
  3. A general hospital, licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), shall require a student nurse or facility staff member to wear an...
• Section 26:2h-12.9 - Summary Of Rights Given To All Patients, Posted In General Hospital Rooms
  The administrator of a general hospital shall insure that a written summary of the rights set forth in this act be given to the...
• Section 26:2h-12.9a - Revision Of Written Summary, Notice
  2. A general hospital shall revise the written summary and written notice required pursuant to section 3 of P.L.1989, c.170 (C.26:2H-12.9) within 180 days...
• Section 26:2h-12.9b - Short Title
  1.This act shall be known and may be cited as "Leonard Cohen's Law." L.2001,c.207,s.1.
• Section 26:2h-12.9c - Discharge Summary Required For Transfer Of Patients
  2.A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall not transfer a patient to another health care facility unless the patient...
• Section 26:2h-12.9d - Noncompliance, Penalties
  3.A hospital that fails to comply with the provisions of section 2 of this act shall be subject to such penalties as the Commissioner...
• Section 26:2h-12.10 - Filing Of Complaint
  A patient may file a written complaint against a hospital for a failure to comply with the provisions of this act, or any rule...
• Section 26:2h-12.11 - Rules, Regulations
  The Commissioner of Health is authorized to adopt rules and regulations in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1...
• Section 26:2h-12.12 - Responsibility Of Health Care Facilities For Filing Claims.
  14.Effective 12 months after the adoption of regulations establishing standard health care enrollment and claim forms by the Commissioner of Banking and Insurance pursuant...
• Section 26:2h-12.13 - Posting Of Drinking Water Test Reports By General Hospitals.
  3. a. The owner or operator of a general hospital who is required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking...
• Section 26:2h-12.14 - Posting Of Drinking Water Test Reports By Rehabilitation Centers, Extended Care Facilities, Nursing Homes.
  4. a. The owner or operator of a rehabilitation center, extended care facility, skilled nursing home, or nursing home who is required to prepare...
• Section 26:2h-12.15 - Regulations On Use Of Unlicensed Assistive Personnel.
  2. a. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt regulations governing the use of...
• Section 26:2h-12.16 - Definitions Relative To Residential Facilities For Medicaid Recipients; 10 Percent Utilization Requirement.
  1. a. For the purposes of this act, "Medicaid" means the program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) and "Medicaid-eligible" means that...
• Section 26:2h-12.17 - Waiver Of Utilization Requirement.
  2.The Commissioner of Health may waive the 10% utilization requirement or reduce the required percentage by regulation for specific regions of the State or...
• Section 26:2h-12.18 - Reserve Requirement As Fulfillment Of Utilization Requirements.
  3.The 10% reserve requirement of this act shall be recognized to fulfill all or a portion, as applicable, of low and moderate income or...
• Section 26:2h-12.19 - Construction Of Act.
  4.Nothing in this act shall be construed to: prohibit an existing assisted living residence, comprehensive personal care home or assisted living program, which is...
• Section 26:2h-12.20 - Applicability Of Act.
  5.This act shall not apply to an assisted living residence or comprehensive personal care home operated by a continuing care retirement community operating under...
• Section 26:2h-12.21 - Rules, Regulations.
  6.The Commissioner of Health shall adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to carry out the purposes...
• Section 26:2h-12.22 - Domestic Partner Permitted Visitation In Health Care Facility.
  13. a. A health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall allow a patient's domestic partner as defined in section...
• Section 26:2h-12.23 - Short Title
  1.This act shall be known and may be cited as the "Patient Safety Act." L.2004,c.9,s.1.
• Section 26:2h-12.24 - Findings, Declarations Relative To Patient Safety
  2.The Legislature finds and declares that: a.Adverse events, some of which are the result of preventable errors, are inherent in all systems, and the...
• Section 26:2h-12.25 - Definitions Relative To Patient Safety; Plans; Reports; Documentation, Notification Of Adverse Effects, Etc.
  3. a. As used in this act: "Adverse event" means an event that is a negative consequence of care that results in unintended injury...
• Section 26:2h-12.25a - Compilation Of Findings On Patient Safety; Annual Reports.
  8.The Commissioner of Health and the Commissioner of Human Services shall compile their findings and recommendations for operational changes related to patient safety in...
• Section 26:2h-12.25b - Certain Data Included In New Jersey Hospital Performance Report; Rules, Regulations.
  1. a. The Department of Health shall include in the New Jersey Hospital Performance Report issued annually by the department hospital-specific data from hospital...
• Section 26:2h-12.25c - General Hospital Prohibited From Seeking Payment For Certain Conditions; Notification To Patients.
  2. a. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall not seek to obtain payment from a patient or any...
• Section 26:2h-12.26 - Nursing Homes, Assisted Living Facilities, Defibrillator, Trained Personnel; Required.
  1.A nursing home that is licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall, no later than one year after the effective date of...
• Section 26:2h-12.27 - Findings, Declarations Relative To Designation Of Stroke Centers.
  1.The Legislature finds and declares that: a.Despite significant advances in diagnosis, treatment and prevention, stroke remains a common disorder; an estimated 700,000 to 750,000...
• Section 26:2h-12.28 - Designation Of Hospitals As Stroke Centers.
  2.The Commissioner of Health shall designate hospitals that meet the criteria set forth in this act as primary or comprehensive stroke centers. a.A hospital...
• Section 26:2h-12.29 - Minimum Criteria For Primary Stroke Centers.
  3.A hospital designated as a primary stroke center shall, at a minimum, meet the following criteria: a.With respect to patient care, the hospital shall:...
• Section 26:2h-12.30 - Minimum Criteria For Comprehensive Stroke Centers.
  4.A hospital designated as a comprehensive stroke center shall use proven state-of-the-art technology and medical techniques and, at a minimum, meet the criteria set...
• Section 26:2h-12.31 - Awarding Of Matching Grants To Designated Stroke Centers.
  5. a. In order to encourage and ensure the establishment of stroke centers throughout the State, the Commissioner of Health shall award matching grants...
• Section 26:2h-12.32 - Report To Governor, Legislature.
  6.The Commissioner of Health shall, not later than September 1, 2005, prepare and submit to the Governor, the President of the Senate, and the...
• Section 26:2h-12.33 - Availability Of Certain Information On Departmental Website.
  1. a. The Department of Health shall make available to the public, through its official department website, information regarding: (1)the ownership of each long-term...
• Section 26:2h-12.34 - Training Required For Service As Trustee Of General Hospital, Conditions.
  1. a. (1) As a condition of serving as a member of the board of trustees of a general hospital licensed pursuant to P.L.1971,...
• Section 26:2h-12.35 - Findings, Declarations Relative To Prevention Of Health Care Facility-acquired Infections.
  1.The Legislature finds and declares that: a.Two million patients in this country become infected after entering hospitals each year and about 90,000 of those...
• Section 26:2h-12.36 - Hospitals Required To Implement An Infection Program, Reporting Of Cases Of Mrsa.
  2. a. Within one month after the effective date of this act, all general hospitals licensed by the Department of Health pursuant to P.L.1971,...
• Section 26:2h-12.37 - Violations, Penalties.
  3.A general hospital that is in violation of the provisions of this act shall be subject to such penalties as the Commissioner of Health...
• Section 26:2h-12.38 - Report To The Governor, Legislature.
  4.To the extent that funds permit, the commissioner shall report within 18 months after the effective date of this act and annually thereafter to...
• Section 26:2h-12.39 - Short Title.
  1.Sections 1 through 7 of this act shall be known and may be cited as the "Health Care Facility-Associated Infection Reporting and Prevention Act."...
• Section 26:2h-12.40 - Findings, Declarations Relative To Reporting Of Infection Rates By Hospitals.
  2.The Legislature finds and declares: a.Health care facility-associated infections constitute a major public health problem in this country, affecting from 5% to 10% of...
• Section 26:2h-12.41 - Quarterly Reports By General Hospital To Department Of Health.
  3.A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall be required to report quarterly to the Department of Health, in a...
• Section 26:2h-12.42 - Prompt Advice To Hospital From Commissioner To Improve Performance.
  4.The commissioner shall promptly advise a hospital in the event the commissioner determines that based on information reported by the facility, a change in...
• Section 26:2h-12.43 - Information Available To Public On Internet Website.
  5.The commissioner shall make available to members of the public, on the official Internet website of the Department of Health, the information reported pursuant...
• Section 26:2h-12.44 - Expansion Of Reporting Requirements.
  6.The commissioner may, by regulation, expand the health care facility-associated infection reporting requirements in this act to other types of health care facilities, as...
• Section 26:2h-12.45 - Rules, Regulations.
  7.The Commissioner of Health and Senior Services, in consultation with the Quality Improvement Advisory Committee in the department, pursuant to the "Administrative Procedure Act,"...
• Section 26:2h-12.46 - Hospital To Inform Pregnant Patients Of Option To Donate Umbilical Cord Blood, Placental Tissue.
  1. a. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall, upon admission, advise every patient of the hospital who is...
• Section 26:2h-12.47 - Information Provided To Patients.
  2.When a hospital advises a patient of the option to donate or store umbilical cord blood or placental tissue as provided in section 1...
• Section 26:2h-12.48 - Provision Of Copy Of Brochure To Pregnant Patients.
  3.A health care professional shall provide to each patient to whom that individual is providing prenatal care, as early as practicable in the health...
• Section 26:2h-12.49 - Construction Of Act.
  4.Nothing in this act shall be construed to preclude any NMDP-affiliated public umbilical cord blood bank or private umbilical cord blood bank from disseminating...
• Section 26:2h-12.50 - General Hospital To Conduct Public Meetings.
  1.A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall, at least annually, conduct a public meeting to discuss issues relating to...
• Section 26:2h-12.51 - Notice Of Meeting On Department's Website.
  2.The Department of Health shall post the notice of a hospital's annual public meeting on the department's website. L.2008, c.59, s.2; amended 2012, c.17,
• Section 26:2h-12.52 - Limitation On Charges For Certain Uninsured Patients.
  1.A hospital licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall charge a patient who is an uninsured resident...
• Section 26:2h-12.53 - Sliding Scale For Certain Hospital Charges.
  2.The Department of Health shall establish a sliding scale based on income which stipulates the percentage of a hospital charge that an uninsured resident...
• Section 26:2h-12.54 - Findings, Declarations Relative To Pressure Ulcers In Nursing Home Residents.
  1.The Legislature finds and declares that: a.Pressure ulcers, or bedsores, are a serious public health concern, and elderly persons, who comprise the majority of...
• Section 26:2h-12.55 - Replacement Of Mattresses With Pressure Redistribution Mattresses.
  2. a. Beginning one year after the effective date of this act, when a nursing home replaces a mattress for use by a nursing...
• Section 26:2h-12.56 - Definitions Relative To Certain Health Care Facilities.
  1. a. For the purposes of this act: "Assisted living facility" means an assisted living residence or comprehensive personal care home licensed pursuant to...
• Section 26:2h-12.57 - Written Informational Sheet For Assisted Living Facilities.
  2.The Department of Health, in consultation with the Division of Medical Assistance and Health Services in the Department of Human Services, shall prepare a...
• Section 26:2h-12.58 - Distribution Of Informational Sheets.
  3.The Department of Health shall distribute the applicable informational sheets, prepared and updated pursuant to section 2 of this act, to all licensed assisted...
• Section 26:2h-12.59 - Online Brochure Relative To Bone Marrow Donation.
  1. a. The Commissioner of Health shall prepare an online brochure for display on the Internet website of the Department of Health, based upon...
• Section 26:2h-12.60 - Submission Of Bill To Medicare Beneficiary By Health Care Facility; Reporting Of Nonpayment.
  1. a. A health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), which provides a health care service to a Medicare beneficiary,...
• Section 26:2h-12.61 - Discharge Of Patients From Certain Residences; Provision For Care In Alternate Facility.
  1. a. If a facility licensed to operate as an assisted living residence or comprehensive personal care home pursuant to P.L.1971, c.136 (C.26:2H-1 et...
• Section 26:2h-12.62 - Definitions Relative To Qualifications For Employment As Surgical Technologist.
  1.For purposes of this act: "Health care facility" means a hospital or other health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.)....
• Section 26:2h-12.63 - Requirements For Practicing Surgical Technology.
  2.No person shall practice surgical technology in a health care facility unless that person: a.has successfully completed a nationally or regionally accredited educational program...
• Section 26:2h-12.64 - Requirements For Employment.
  3.A health care facility shall not employ or otherwise contract for the services of a surgical technologist unless the person employed or contracted meets...
• Section 26:2h-12.65 - Continuing Education Requirement.
  4.A person who qualifies to practice surgical technology in a health care facility under section 2 of this act shall annually complete 15 hours...
• Section 26:2h-12.66 - Verification Of Eligibility To Practice.
  5.A health care facility that employs or contracts with a person to practice surgical technology shall verify that the person meets: a. the continuing...
• Section 26:2h-12.67 - Person Permitted To Act Within Scope Of Practice Of License.
  6.Nothing in this act shall prohibit any person licensed under any other law from practicing surgical technology if the person is acting within the...
• Section 26:2h-12.68 - Definitions Relative To Disposal Of Prescription Medications By Health Care Facilities.
  1.As used in this act: "Public wastewater collection system" means any collection system regulated by the Department of Environmental Protection pursuant to the "Water...
• Section 26:2h-12.69 - Health Care Facilities Prohibited From Discharging Prescription Medication Into Public Wastewater Collection Or Septic System; Exceptions.
  2. a. Except as otherwise provided by subsections b. and c. of this section, every health care facility shall establish and implement a policy,...
• Section 26:2h-12.70 - Department To Ensure Compliance.
  3.The Department of Health and Senior Services shall, in conjunction with its periodic inspection of a health care facility, ensure that the health care...
• Section 26:2h-12.71 - Violations, Penalties.
  4. a. Notwithstanding the provisions of any other law or rule or regulation to the contrary, only the penalties set forth in this section...
• Section 26:2h-12.72 - Rules, Regulations.
  5.The Department of Health and Senior Services, in consultation with the Department of Environmental Protection, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968,...
• Section 26:2h-12.73 - Protocols Established By General Hospitals Relative To Sctus.
  1. a. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall establish protocols to request immediate dispatch, timely patient pick-up from...
• Section 26:2h-12.74 - Rules, Regulations.
  2.The Commissioner of Health shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as are necessary...
• Section 26:2h-12.75 - Findings, Declarations Relative To Pediatric Respite Care Facilities.
  1.The Legislature finds and declares that: a.Many children in the State with limited life expectancies or complex, life-limiting illnesses receive care at pediatric medical...
• Section 26:2h-12.76 - "Pediatric Respite Care Facility" Defined.
  2.For purposes of this act, "pediatric respite care facility" means a facility licensed by the Department of Health that provides home-like care in a...
• Section 26:2h-12.77 - Application For Licensure.
  3.An entity may apply to the Commissioner of Health for a license to establish a pediatric respite care facility in the State. In addition...
• Section 26:2h-12.78 - Rules, Regulations.
  4.The Commissioner of Health, in consultation with the Commissioners of Human Services and Children and Families, shall adopt such rules and regulations, in accordance...
• Section 26:2h-12.79 - Definitions Relative To Certain Health Care Facilities Required To Be Equipped With Generators.
  1. a. As used in this section: "Commissioner" means the Commissioner of Community Affairs; "Department" means the Department of Community Affairs; "Distributed Energy Resource"...
• Section 26:2h-13 - Violations; Penalties; Notice; Hearing
  In addition to authority granted to the department by this act or any other law, the department after serving the licensee with specific charges...
• Section 26:2h-13.1 - Revocation
  A person making application for, or who has been issued, a license to operate a residential health care facility who conceals the fact that...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 26:2h-14.4 - Air Conditioning Required In Certain Facilities.
  2.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...
• Section 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...
• Section 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...
• Section 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...
• Section 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.
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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 holds...
• Section 26:2h-16 - Health Care Facilities Improvement Fund
  The penalties prescribed and authorized by this act shall be recovered in a summary civil proceeding, brought in the name of the State in...
• Section 26:2h-17 - Review By Court
  All orders or determinations under this act shall be subject to review by a court of competent jurisdiction in accordance with the Rules of...
• Section 26:2h-18 - License, Authorization Required For Receipt Of Reimbursement, Grant-in-aid.
  18. a. No government agency and no health service corporation organized under the laws of the State and no other purchasers of health care...
• Section 26:2h-18a - Designation Of Specialty Acute Care Children's Hospital For Northern New Jersey
  2. The Commissioner of Health shall designate Children's Hospital of New Jersey, a unit of United Hospitals Medical Center, as the State's specialty acute...
• Section 26:2h-18c - Designation Of Specialty Acute Care Children's Hospital For Southern New Jersey.
  3. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate Cooper University Hospital in the City...
• Section 26:2h-18d - Designation Of Specialty Acute Care Children's Hospital For Central New Jersey.
  1. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate Robert Wood Johnson University Hospital/St. Peter's...
• Section 26:2h-18e - Designation Of Specialty Acute Care Children's Hospital For Bergen, Passaic, Sussex, And Warren Counties.
  1. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate St. Joseph's Hospital and Medical Center...
• Section 26:2h-18f - Designation Of Specialty Acute Care Children's Hospital For Morris And Union Counties.
  2. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate Morristown Memorial Hospital as the State's...
• Section 26:2h-18g - Designation Of Acute Care Children's Hospitals For Monmouth And Ocean Counties.
  1. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate Jersey Shore University Medical Center and...
• Section 26:2h-18h - Specialized Care Facilities For Huntington's Disease; Rules, Regulations.
  1. a. The Commissioner of Health may issue a nursing facility license for a facility that provides care for Huntington's Disease. b.The commissioner, pursuant...
• Section 26:2h-18.2 - Annual Fees
  The Department of Health, to effectuate the provisions and purposes of sections 10 and 11 of this act and to support the functions described...
• Section 26:2h-18.24 - Findings, Declarations
  The Legislature finds and declares that: a. Access to quality health care shall not be denied to residents of the State because of their...
• Section 26:2h-18.25 - Definitions
  As used in sections 1 through 26 of P.L.1991, c.187 (C.26:2H-18.24 et al.): "Assessment" means monies that are required to be remitted to the...
• Section 26:2h-18.26 - Approval Of Hospital's Rates By Commission Authorized
  The commission is authorized to approve a hospital's rates to achieve an equitable collection and distribution mechanism among hospitals in the State for payment...
• Section 26:2h-18.27 - "New Jersey Health Care Trust Fund" Established
  There is established the "New Jersey Health Care Trust Fund" in the Department of Health. a. The fund shall be comprised of assessments remitted...
• Section 26:2h-18.28 - Determination Of Uniform Statewide Uncompensated Care Add-on
  5. a. For the periods beginning January or July of the hospitals' rate year, the department shall determine a uniform Statewide uncompensated care add-on....
• Section 26:2h-18.29 - Approval Of Hospital's Reasonable Uncompensated Care Costs
  6. a. The commission shall approve each hospital's reasonable uncompensated care costs and shall ensure that uncompensated care services financed pursuant to this act...
• Section 26:2h-18.30 - Remission Of Mandatory Assessment To Fund By Hospital
  7. a. A hospital shall remit the mandatory assessment to the fund at the end of every month except that a hospital shall remit...
• Section 26:2h-18.31 - Reimbursement To Hospital Of Uncompensated Care Cost
  a. A hospital shall not be reimbursed for the cost of uncompensated care unless the commissioner certifies to the commission that the hospital has...
• Section 26:2h-18.32 - Designation Of Hospitals Where County Welfare Agency Employee Will Be Stationed To Determine Medicaid Eligibility
  9. The Commissioner of Health, in consultation with the Commissioner of Human Services, shall designate those hospitals at which an employee from the county...
• Section 26:2h-18.33 - Collection Procedure Followed By Hospital After Discharge Of Patient
  a. If, upon the discharge of a patient from the hospital, the patient's account has not been paid in full by the patient or...
• Section 26:2h-18.34 - Annual Audit Of Hospital's Uncompensated Care
  a. The department shall annually provide for an audit of each hospital's uncompensated care within a time frame established by rules and regulations adopted...
• Section 26:2h-18.35 - Reporting By Hospitals Of Patient Accounts Referred To Collection Agency
  The department shall, for the purpose of developing patient profiles, require a hospital to report the following information about any patient who was served...
• Section 26:2h-18.36 - Submission Of Information About Income Of Persons Whose Income Tax Refund, Homestead Rebate Was Applied To Patient Account
  The Department of the Treasury shall compile and submit to the Department of Health information about the income of persons whose income tax refund...
• Section 26:2h-18.37 - Quality Control Reviews Of Audits Of Hospital Uncompensated Care
  The State Auditor shall conduct quality control reviews of the audits of hospital uncompensated care for calendar years 1989 and 1990 that are required...
• Section 26:2h-18.38 - Adjustment Of Hospital's Rate Schedule To Reflect Services Provided To Certain Emergency Room Patients
  The commission shall adjust a hospital's schedule of rates to ensure that services which are provided to emergency room patients who do not require...
• Section 26:2h-18.39 - Employers Not Providing Health Insurance Required To Provide Employer Assistance
  Any employer in this State who does not provide health insurance coverage to its employees is required to provide employer assistance and to inform...
• Section 26:2h-18.40 - Monies Remaining In "Uncompensated Care Reduction - Pilot Program" Account To Subsidize Pilot Program For Small Business Employees
  The monies remaining in the "Uncompensated Care Reduction--Pilot Program" account of the New Jersey Uncompensated Care Trust Fund established pursuant to P.L.1989, c.1 (C.26:2H-18.4...
• Section 26:2h-18.41 - Hospital Shall Not Advertise Availability Of Uncompensated Care
  A hospital shall not advertise by any means the availability of uncompensated care that is provided at the hospital pursuant to this act. Nothing...
• Section 26:2h-18.42 - Hospital Not Claiming Deduction For Bad Debt Eligible For Reimbursement For Charity Care
  20. Notwithstanding the provisions of section 6 of P.L.1991, c.187 (C.26:2H-18.29) to the contrary, a hospital that does not claim any deduction for bad...
• Section 26:2h-18.43 - Compensation Provided For Cost Of Advanced Life Support Services
  a. The cost of advanced life support services provided pursuant to P.L.1984, c.146 (C.26:2K-7 et seq.) to medically indigent persons incurred through a hospital's...
• Section 26:2h-18.44 - Determination Of Eligibility For Uncompensated Care Not Applicable To Patient Found Indigent
  For all periods for which an audit for reimbursement for uncompensated care through the Uncompensated Care Trust Fund established pursuant to P.L.1989, c.1 (C.26:2H-18.4...
• Section 26:2h-18.45 - Pilot Program To Create Partnership Between Urban Hospitals And Community Health Centers
  a. The commissioner shall establish a pilot program to create a partnership between urban hospitals with high uncompensated care costs and community health centers...
• Section 26:2h-18.46 - Report On Status Of Fund
  24. The commissioner shall report to the Governor, the presiding officers of the Senate and the General Assembly, and the chairmen of the Senate...
• Section 26:2h-18.47 - "Health Care Cost Reduction Fund" Established
  a. There is established in the Department of Health a special fund to be known as the "Health Care Cost Reduction Fund." The monies...
• Section 26:2h-18.48 - Transfer Of Employees, Appropriations Etc. To The "New Jersey Health Care Trust Fund"
  The employees, appropriations and other moneys, files, books, papers, records, equipment and other property of the "New Jersey Uncompensated Care Trust Fund" and the...
• Section 26:2h-18.50 - Short Title
  This amendatory and supplementary act shall be known and may be cited as the "Health Care Cost Reduction Act." L.1991,c.187,s.85.
• Section 26:2h-18.51 - Findings, Declarations
  1. The Legislature finds and declares that: a. It is of paramount public interest for the State to take all necessary and appropriate actions...
• Section 26:2h-18.52 - Definitions Relative To Provision Of Health Care Services To Low Income Persons.
  2.As used in sections 1 through 17 of P.L.1992, c.160 (C.26:2H-18.51 through 26:2H-18.67), sections 12 through 15 of P.L.1995, c.133 (C.26:2H-18.59a through C.26:2H-18.59d), sections...
• Section 26:2h-18.53 - Revenue Cap
  3. a. For the period January 1, 1993 to December 31, 1993, hereinafter referred to as the "transition year," the Hospital Rate Setting Commission...
• Section 26:2h-18.54a - New Jersey Essential Health Services Commission Abolished
  16. a. The New Jersey Essential Health Services Commission created pursuant to P.L.1992, c.160 (C.26:2H-18.51 et al.) is abolished and all of its functions,...
• Section 26:2h-18.55 - Duties Of Commissioner
  5. The commissioner shall: a. Administer the fund and establish a mechanism to allocate monies received from the Commissioner of Labor pursuant to section...
• Section 26:2h-18.55a - Compilation Of Information Relative To Employed Recipients Of Charity Care.
  2. a. The Commissioner of Health shall compile, to the extent data are available, the following information about recipients of charity care who are...
• Section 26:2h-18.57 - Assessment Of Per Adjusted Admission Charge.
  7. a. Effective January 1, 1994, the Department of Health shall assess each hospital a per adjusted admission charge of $10. Of the revenues...
• Section 26:2h-18.58 - Health Care Subsidy Fund.
  8.There is established the Health Care Subsidy Fund in the Department of Health. a.The fund shall be comprised of revenues from employee and employer...
• Section 26:2h-18.58a - Funding Of Community-based Drug Abuse Treatment Programs
  4. The Commissioner of Health shall transfer to the Division of Alcoholism, Drug Abuse and Addiction Services in the Department of Health from the...
• Section 26:2h-18.58b - Health Care Subsidy Fund Payer Of Last Resort; Exemptions
  10. With the exception of the Catastrophic Illness in Children Relief Fund, established pursuant to P.L.1987, c.370 (C.26:2-148 et seq.) and the Victims of...
• Section 26:2h-18.58c - Funding Of Health Care Subsidy Fund.
  11. a. The Health Care Subsidy Fund shall be funded with $15 million in General Fund revenues in calendar year 1996 and $41 million...
• Section 26:2h-18.58d - Appropriations To Health Care Subsidy Fund.
  10. In fiscal year 1999 and each year thereafter, the Governor shall recommend and the Legislature shall appropriate to the Health Care Subsidy Fund...
• Section 26:2h-18.58e - Transfer Of Funds To Hospital Relief Fund.
  6. a. The Commissioner of Health shall transfer to the Hospital Health Care Subsidy account, known as the Hospital Relief Fund, in the Division...
• Section 26:2h-18.58f - Transfer Of Funds To Division Of Medical Assistance And Health Services.
  8. a. The Commissioner of Health shall transfer to the Division of Medical Assistance and Health Services in the Department of Human Services from...
• Section 26:2h-18.58g - Disposition Of Revenue Collected From Cigarette Tax.
  4.Notwithstanding the provisions of any other law to the contrary, a.commencing July 1, 1998 and ending June 30, 2006: after the deposit required pursuant...
• Section 26:2h-18.58h - Annual Deposit Into Health Care Subsidy Fund From Revenue From Sale Of Alcoholic Beverages.
  2.Commencing with fiscal years beginning on and after July 1, 2009, there shall be deposited annually in the Health Care Subsidy Fund established pursuant...
• Section 26:2h-18.58i - Deposits Into Health Care Subsidy Fund From Revenue Collected From Taxation Of Certain Insurance Policies.
  7.During the fiscal year beginning on July 1, 2009, there shall be deposited in the Health Care Subsidy Fund established pursuant to section 8...
• Section 26:2h-18.59 - Allocation Of Funds.
  9. a. The commissioner shall allocate such funds as specified in subsection e. of this section to the charity care component of the disproportionate...
• Section 26:2h-18.59a - Disproportionate Share Payments; Formulation
  12. The one-time additional disproportionate share payment to hospitals pursuant to paragraph (2) of subsection c. of section 9 of P.L.1992, c.160 (C.26:2H-18.59) shall...
• Section 26:2h-18.59b - Determination Of Charity Care Subsidy; Formulation
  13. a. For the period January 1, 1995 to December 31, 1995, the charity care subsidy shall be determined according to the following methodology....
• Section 26:2h-18.59c - Submission Of Financial And Demographic Data
  14. All acute care hospitals licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall submit to the department all demographic and financial data specified...
• Section 26:2h-18.59d - Continuation Of Provided Services
  15. Unless the commissioner has granted written approval to do otherwise, an acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall...
• Section 26:2h-18.59e - Determination Of Charity Care Subsidy.
  7. a. For the period beginning January 1, 1996 and ending June 30, 2004, and except as provided in section 8 of P.L.1996, c.28...
• Section 26:2h-18.59f - Implementation Of Demonstration Health Care Program For Low Income Residents.
  8.The Commissioner of Human Services, in consultation with the Commissioner of Health and Senior Services and the State Treasurer, may pursue any necessary waivers...
• Section 26:2h-18.59g - Establishment Of Technology Infrastructure To Support The Provision Of Charity Care.
  9.The Commissioner of Health, in consultation with the State Treasurer, shall establish a technology infrastructure to support the provision of charity care pursuant to...
• Section 26:2h-18.59h - Transferred Employees Guaranteed Equivalent Health Insurance Coverage.
  11. In the event that a hospital or other health care institution that receives a charity care subsidy pursuant to P.L.1992, c.160 (C.26:2H-18.51 et...
• Section 26:2h-18.59i - Reimbursed Documented Charity Care; Charity Care Subsidy Formula After July 1, 2004.
  3. a. Beginning July 1, 2004 and each year thereafter: (1)Reimbursed documented charity care shall be equal to the Medicaid-priced amounts of charity care...
• Section 26:2h-18.59j - Charity Claims By Hospital, Eligibility.
  6.Notwithstanding the provisions of section 3 of P.L.2004, c.113 (C.26:2H-18.59i) to the contrary, a hospital shall not submit charity care claims to the Department...
• Section 26:2h-18.60 - Uniform Charity Care Eligibility And Reimbursement Claim Form
  10. a. The commissioner shall establish a uniform charity care eligibility and reimbursement claim form that a hospital shall be required to use in...
• Section 26:2h-18.60a - Short Title.
  1.This act shall be known and may be cited as the "Charity Care Fraud Prevention and Detection Act." L.2007,c.217,s.1.
• Section 26:2h-18.60b - Findings, Declarations Relative To Oversight Of The Hospital Charity Care Subsidy Program.
  2.The Legislature finds and declares that it is manifestly in the best interest of this State and its taxpayers to enact into law certain...
• Section 26:2h-18.60c - Required Procedures By Hospitals For Charity Care.
  3.The Commissioner of Health shall require the use of procedures by hospitals to ensure their uniform collection from applicants for charity care pursuant to...
• Section 26:2h-18.60d - Interagency Agreement With Medicaid Inspector General.
  4. a. The Commissioner of Health and the Medicaid Inspector General shall establish an inter-agency agreement under which the staff and resources of the...
• Section 26:2h-18.60e - Inter-agency Agreement With State Treasurer.
  5.The Commissioner of Health and the State Treasurer shall establish an inter-agency agreement under which the staff and resources of the Division of Taxation...
• Section 26:2h-18.60f - Reporting System Established.
  7.The Commissioner of Health shall establish a mechanism, by means of a toll-free telephone hotline or electronic mail, through which persons may confidentially report...
• Section 26:2h-18.60g - Recovery For Fraudulent Claim.
  8.If a charity care claim is determined to be fraudulent, a hospital shall be entitled to recover from the patient the difference between the...
• Section 26:2h-18.61 - Distribution Of Monies For Other Uncompensated Care
  11. a. The monies in the other uncompensated care component of the disproportionate share hospital subsidy account shall be distributed to eligible hospitals in...
• Section 26:2h-18.62 - Monies Designated For Health Care Subsidy Fund; Allocation Of Monies.
  12. a. (Deleted by amendment, P.L.2005, c.237). b.(Deleted by amendment, P.L.2005, c.237). c. (1) Notwithstanding any law to the contrary, each general hospital and...
• Section 26:2h-18.63 - Civil Penalties For False Statement, Misrepresentation.
  13. a. Any person or entity who makes a false statement or misrepresentation of a material fact in order to qualify any person or...
• Section 26:2h-18.64 - Denial Of Admission On Ability To Pay; Penalty
  14. No hospital shall deny any admission or appropriate service to a patient on the basis of that patient's ability to pay or source...
• Section 26:2h-18.65 - Establishment Of Health Access New Jersey Program; Regulations; Administration
  15. There is established in the Department of Health the Health Access New Jersey program. The purpose of the program is to provide subsidies...
• Section 26:2h-18.66 - Allocation To Health Access New Jersey Subsidy Account.
  16.The Health Access New Jersey subsidy account shall be allocated $50 million in 1995, $10 million in 1996, $25 million in 1997, $10 million...
• Section 26:2h-18.68 - Appropriation From "Uncompensated Care Reduction - Pilot Program" Account
  36. The monies in the "Uncompensated Care Reduction--Pilot Program" account of the New Jersey Uncompensated Care Trust Fund established pursuant to P.L.1989, c.1, as...
• Section 26:2h-18.69 - Appropriation Of Remaining Monies
  37. Any monies remaining in the New Jersey Health Care Trust Fund, including the reserve required pursuant to section 4 of P.L.1991, c.187 (C.26:2H-18.27),...
• Section 26:2h-18.70 - Short Title
  39. This act shall be known and may be cited as the "Health Care Reform Act of 1992." L.1992,c.160,s.39.
• Section 26:2h-18.71 - Funding Of Health Care Treatment For Lead Poisoned Children.
  22. a. Notwithstanding the purposes of the "Lead Hazard Control Assistance Fund" provided by P.L.2003, c.311 (C.52:27D-437.1 et al.), the Commissioner of Community Affairs...
• Section 26:2h-18.72 - Provision Of Renal Dialysis Treatment Services, Medication To Uninsured Low-income Persons.
  1. a. As a condition of licensure and renewal, an ambulatory care facility that is licensed to provide chronic renal dialysis services shall in...
• Section 26:2h-18.73 - Annual Report To Legislature.
  3.The Commissioner of Health and Senior Services shall annually report to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the number...
• Section 26:2h-18.74 - Short Title.
  1.This act shall be known and may be cited as the "Health Care Stabilization Fund Act." L.2008, c.33, s.1.
• Section 26:2h-18.75 - Findings, Declarations Relative To Health Care Facilities.
  2.The Legislature finds and declares that: a.The final report of the New Jersey Commission on Rationalizing Health Care Resources, issued on January 24, 2008,...
• Section 26:2h-18.76 - Health Care Stabilization Fund.
  3. a. The Health Care Stabilization Fund is established as a nonlapsing, revolving fund in the Department of Health. The fund shall be administered...
• Section 26:2h-18.77 - Awarding Of Grant To Health Care Facility; Factors Considered.
  4.The Commissioner of Health, in consultation with the State Treasurer and the New Jersey Health Care Facilities Financing Authority, may award a grant to...
• Section 26:2h-18.78 - Conditions For Receipt Of Grant; Rules, Regulations; Annual Report.
  5. a. The Commissioner of Health shall set reasonable conditions for the receipt of a grant by a general hospital or other licensed health...
• Section 26:2h-19 - Transfer Of Certain Powers, Functions And Duties Of State Board Of Control, Commissioner And Department Of Institutions And Agencies And Its Hospital Licensing Board
  All of the functions, powers and duties of the State Board of Control, the Commissioner of Institutions and Agencies and the Department of Institutions...
• Section 26:2h-20 - Transfer Of Certain Employees Of Bureau Of Community Institutions
  Employees of the present Bureau of Community Institutions in the Department of Institutions and Agencies responsible for administration of laws governing and concerning residential...
• Section 26:2h-21 - Transfer Of Certain Functions Of Department Of Institutions And Agencies And Certain Personnel Of Bureau Of Medical Facilities Construction And Planning
  All functions, powers, duties, records, and property of the Department of Institutions and Agencies, and personnel of the Bureau of Medical Facilities Construction and...
• Section 26:2h-22 - Abolition Of Hospital Licensing Board; Transfer Of Powers, Functions And Duties To Health Care Administration Board
  The Hospital Licensing Board created pursuant to P.L.1947, c. 340, s. 7 (C. 30:11-6) is hereby abolished. Upon the establishment of the Health Care...
• Section 26:2h-23 - Reference To State Board Of Control, Or Department Or Commissioner Of Institutions And Agencies Deemed Reference To Department Or Commissioner Of Health
  With respect to the functions, powers and duties of the State Board of Control, the Commissioner of Institutions and Agencies and the Department of...
• Section 26:2h-24 - Partial Invalidity
  If any clause, sentence, paragraph, subsection or section of this act shall be adjudged by any court of competent jurisdiction to be invalid, the...
• Section 26:2h-25 - Effect Of Act On Rights Under Civil Service, Pension Law Or Retirement System
  Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by...
• Section 26:2h-26 - Short Title
  This act shall be known and may be cited as the "Health Care Facilities Planning Act." L.1971, c. 136, s. 28.
• Section 26:2h-27 - Transfer Of Powers, Functions And Duties Of State Board Of Control Of Department Of Institutions And Agencies Pursuant To Nursing Home Administrator's Licensing To Department Of Health
  All of the powers, functions and duties heretofore exercised by the State Board of Control of the Department of Institutions and Agencies pursuant to...
• Section 26:2h-28 - Transfer Of Nursing Home Administrator's Licensing Board To State Department Of Health
  The Nursing Home Administrator's Licensing Board established by P.L.1968, c. 356 (C. 30:11-11 et seq.), and all amendments thereto, together with all of its...
• Section 26:2h-29 - Nursing Home Or Convalescent Home Defined
  As used in this act "nursing home" or "convalescent home" means a health care facility licensed by the Department of Health to provide professional...
• Section 26:2h-30 - Patient Or Resident; Charges For Drugs
  No nursing home or convalescent home may charge a patient or resident for drugs more than the cost thereof to the home plus an...
• Section 26:2h-31 - Violations; Penalty; Collection
  Any person who violates the provisions of this act shall be liable for a penalty of $100.00 to be collected by a summary proceeding...
• Section 26:2h-32 - Definitions.
  1.The following words or phrases, as used in this act, shall have the following meanings, unless the context otherwise requires: a."Nursing home" means a...
• Section 26:2h-33 - Nursing Homes, Annual Report; Operating And Financial Interests
  Every nursing home operating in the State shall, within 90 days after the end of its fiscal year, file an annual report with the...
• Section 26:2h-34 - Verification Of Report
  Every report required to be filed by a nursing home pursuant to this act shall contain a written statement, sworn to by or on...
• Section 26:2h-35 - Violations; Penalty; Recovery
  4. Any person, firm, association, partnership or corporation who fails to file a statement as required by this act or willfully files a false...
• Section 26:2h-35.1 - Report Of Comparative Evaluative Profiles Of Nursing Homes; Compilation And Periodical Update; Furnishing To Public
  The State Commissioner of Health shall compile and periodically update a report which compares evaluative profiles of all nursing homes in this State. The...
• Section 26:2h-35.2 - Existence Of Life Threatening Condition At Nursing Home; Public Notice
  Whenever the Department of Health determines that a life threatening condition exists at any nursing home in this State, the commissioner may as soon...
• Section 26:2h-36 - Legislative Findings
  The Legislature finds: a. Many senior citizens in the State are residing in boarding homes or nursing homes. Their life, safety, health and welfare...
• Section 26:2h-37 - Definitions.
  2.As used in this act, and unless the context otherwise requires: a."Boarding or nursing home" or "home" means: a private nursing home or convalescent...
• Section 26:2h-38 - Remedy Of Condition Of Home In Substantial Violation Of Standards Of Health, Safety Or Resident Care; Action To Appoint Receiver; Parties
  A proceeding by the State Department of Health, or any other State governmental agency having an interest in the matter, a resident or residents...
• Section 26:2h-39 - Complaint; Contents
  The complaint shall: a. (1) Set forth material facts showing that there exists in the boarding or nursing home a condition or conditions in...
• Section 26:2h-40 - Defenses
  It shall be a sufficient defense to the proceeding if the owner or licensee establishes that the condition or conditions alleged in the complaint...
• Section 26:2h-41 - Nursing Home Violations
  The court shall proceed in a summary manner and shall render a judgment either: a. Dismissing the complaint for failure to affirmatively establish the...
• Section 26:2h-42 - Receivership Authorized
  a. The court is authorized and empowered to appoint as a receiver any responsible person or persons approved by the department, except that no...
• Section 26:2h-43 - Order To Remove Or Remedy Conditions In Lieu Of Judgment; Bond; Failure To Comply; Hearing; Judgment
  a. If, after a trial, the court shall determine that the evidence warrants the granting of the relief sought and if the owner or...
• Section 26:2h-44 - Reports And Accounts Of Receiver; Filing; Inspection; Presentation Or Settlement Of Accounts
  The court shall require the filing, at periodic intervals, of reports of action taken by the receiver and of accounts itemizing the revenues and...
• Section 26:2h-45 - Termination Of Receivership
  The receiver, owner or licensee may make a motion to terminate the receivership on grounds that the conditions complained of have been eliminated or...
• Section 26:2h-46 - Receiver; Compensation; Bond
  The court shall allow from the revenues of the home a reasonable amount of compensation for the expenditures and services of a receiver appointed...
• Section 26:2h-47 - Skilled Or Intermediate Care Nursing Facility; Assistance To Residents In Application For Financial Assistance
  Every skilled or intermediate care nursing facility in this State shall assist its residents in applying to establish eligibility for medical assistance or other...
• Section 26:2h-47.1 - Notification Of Fund Exhaustion
  In order to facilitate the provision of assistance to certain residents by skilled or intermediate care nursing facilities in obtaining medical assistance or other...
• Section 26:2h-48 - Assessment Of Availability Of Financial Assistance
  To facilitate the offering of such assistance, each such facility shall make an assessment of the extensiveness of the self-pay, private insurance, or medicare...
• Section 26:2h-49 - Assistance To Residents To Obtain Medically Necessary Post-discharge Care
  Each such facility shall also assist its residents in obtaining medically necessary post-discharge care, which shall include, but need not be limited to: home...
• Section 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...
• Section 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...
• Section 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,...
• Section 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.
• Section 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...
• Section 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)....
• Section 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...
• Section 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...
• Section 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...
• Section 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)...
• Section 26:2h-60 - Determination Of Patient's Capacity To Make A Health Care Decision.
  8. a. The attending physician shall determine whether the patient lacks capacity to make a particular health care decision. The determination shall be stated...
• Section 26:2h-61 - Authority To Make Health Care Decisions
  9. a. If it has been determined that the patient lacks decision making capacity, a health care representative shall have authority to make health...
• Section 26:2h-62 - Rights, Responsibilities Of Health Care Professionals
  10. In addition to any rights and responsibilities recognized or imposed by, or pursuant to, this act, or by any other law, physicians, nurses,...
• Section 26:2h-63 - Decision Making Under An Advance Directive
  11. a. The attending physician, the health care representative and, when appropriate, any additional physician responsible for the patient's care, shall discuss the nature...
• Section 26:2h-64 - Effect Of Instruction Directive
  12. a. If the patient has executed an instruction directive but has not designated a health care representative, or if neither the designated health...
• Section 26:2h-65 - Additional Rights, Responsibilities Of Health Care Institution
  13. a. In addition to any rights and responsibilities recognized or imposed by, or pursuant to, this act, or any other law, a health...
• Section 26:2h-66 - Resolution Of Disagreements
  14. a. In the event of disagreement among the patient, health care representative and attending physician concerning the patient's decision making capacity or the...
• Section 26:2h-67 - Circumstances Under Which Life-sustaining Treatment May Be Withheld Or Withdrawn
  15. a. Consistent with the terms of an advance directive and the provisions of this act, life-sustaining treatment may be withheld or withdrawn from...
• Section 26:2h-68 - Issuance Of Do Not Resuscitate Order
  16. a. Consistent with the terms of an advance directive and the provisions of this act, the attending physician may issue a do not...
• Section 26:2h-69 - Consultation With Institutional Or Regional Reviewing Body
  17. a. An institutional or regional reviewing body which engages in prospective case consultation pursuant to paragraph (4) of subsection a. of section 15...
• Section 26:2h-70 - Existing Law Preserved; Emergency Care
  18. a. Nothing in this act shall be construed to alter, amend or revoke the rights and responsibilities under existing law of health care...
• Section 26:2h-71 - Rules, Regulations
  19. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) the Department of Health shall establish rules and regulations: a. For...
• Section 26:2h-73 - Immunities
  21. a. A health care representative shall not be subject to criminal or civil liability for any actions performed in good faith and in...
• Section 26:2h-74 - Absence Of Advance Directive, Act Not Applicable
  22. The absence of an advance directive shall create no presumption with respect to a patient's wishes regarding the provision, withholding or withdrawing of...
• Section 26:2h-75 - Advance Directive Shall Not Affect Insurance, Benefits Coverage
  23. The execution of an advance directive pursuant to this act shall not in any manner affect, impair or modify the terms of, or...
• Section 26:2h-76 - Advance Directive Executed In Other Jurisdictions, Validity
  24. An advance directive executed under the laws of another state in compliance with the laws of that state or the State of New...
• Section 26:2h-77 - Applicability Of Other Law
  25. a. The withholding or withdrawing of life-sustaining treatment pursuant to section 15 of this act, when performed in good faith, and in accordance...
• Section 26:2h-78 - Violations, Penalties
  28. a. A health care professional who intentionally fails to act in accordance with the requirements of this act is subject to discipline for...
• Section 26:2h-79 - Definitions Relative To Hospices
  1. As used in this act, "hospice care program" means a coordinated program of home, outpatient, and inpatient care and services that is operated...
• Section 26:2h-80 - Licensing Of Hospice Care Program
  2. a. A hospice care program shall not operate in this State unless it possesses a valid license issued by the Department of Health...
• Section 26:2h-81 - Rules, Regulations.
  3.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.) necessary to carry out...
• Section 26:2h-83 - Background Checks For Nurse Aid, Personal Care Assistant Certification.
  2. a. The Department of Health shall not issue a nurse aide or personal care assistant certification to any applicant, except on a conditional...
• Section 26:2h-84 - Qualification, Disqualification For Certification; Petition For Hearing.
  3. a. An applicant for certification, or a certified nurse aide or personal care assistant who is required to undergo a criminal history record...
• Section 26:2h-85 - Assumption Of Cost Of Background Checks.
  4.The Department of Health shall assume the cost of the criminal history record background check conducted on an applicant for nurse aide or personal...
• Section 26:2h-86 - Rules, Regulations.
  5.In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health shall adopt rules and regulations necessary to implement...
• Section 26:2h-87 - False Statement; Fine.
  6.Any person submitting a false sworn statement pursuant to section 3 of P.L.1997, c.100 (C.26:2H-84) shall be subject to a fine of not more...
• Section 26:2h-88 - Definitions Relative To Pace Program.
  1.As used in this act: "Medicaid" means the program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.). "Medicare" means the program established pursuant to...
• Section 26:2h-89 - Pace Program Operation.
  2.A PACE program shall operate in the State only in accordance with a contract with the Department of Human Services pursuant to the provisions...
• Section 26:2h-90 - Cash Reserves, Demonstration.
  3.A PACE or Pre-PACE program shall, at the time of entering into the initial contract and at each renewal thereof, demonstrate cash reserves to...
• Section 26:2h-91 - Enrollment, Disenrollment Terms.
  4.A PACE or Pre-PACE program shall provide full disclosure regarding the terms of enrollment and the option to disenroll at any time to all...
• Section 26:2h-91.1 - Participation Eligibility For Pace Program.
  1. a. A person who applies to participate in the PACE program shall notify and provide to the PACE program provider valid proof of...
• Section 26:2h-91.2 - Rules, Regulations.
  2.The Commissioner of 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 effectuate...
• Section 26:2h-92 - Short Title.
  1.This act shall be known and may be cited as the "Nursing Home Quality of Care Improvement Fund Act." L.2003,c.105,s.1.
• Section 26:2h-93 - Findings, Declarations Relative To Nursing Home Quality Of Care.
  2.The Legislature finds and declares that: a.It is in the public interest of this State for its nursing home industry to continue to provide...
• Section 26:2h-94 - Definitions Relative To Nursing Home Quality Of Care.
  3.As used in this act: "Commissioner" means the Commissioner of Human Services. "Department" means the Department of Human Services. "Director" means the Director of...
• Section 26:2h-95 - "Nursing Home Quality Of Care Improvement Fund."
  4.The "Nursing Home Quality of Care Improvement Fund" is established as a nonlapsing fund in the Department of the Treasury. The fund shall be...
• Section 26:2h-96 - Payment Of Annual Assessment By Nursing Homes.
  5. a. Each nursing home shall pay an assessment which, when combined with the aggregate amount of assessments paid by all other nursing homes...
• Section 26:2h-97 - Dedicated Purposes For Monies Collected From Assessment.
  6.The monies collected from the assessment paid by nursing homes pursuant to section 5 of this act shall be dedicated for the purposes provided...
• Section 26:2h-98 - Duties Of Commissioner.
  7.The commissioner shall: a.apply for: a State plan amendment to secure federal financial participation for State Medicaid expenditures under the federal Medicaid program pursuant...
• Section 26:2h-99 - Noncompliance With Mechanism For Distribution Of Moneys.
  8. a. Notwithstanding any other provision of this act to the contrary, if the State, or any of its officials, agents or employees, fails...
• Section 26:2h-100 - Payment Of Assessment Not Passed Through As Cost, Charge To Payers.
  9. a. A nursing home that realizes a net financial gain resulting from the payment of its assessment pursuant to section 5 of this...
• Section 26:2h-101 - Rules, Regulations.
  10. a. The State Treasurer shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the...
• Section 26:2h-102 - Short Title.
  1.This act shall be known and may be cited as the "New Jersey Advance Directives for Mental Health Care Act." L.2005,c.233,s.1.
• Section 26:2h-103 - Findings, Declarations Relative To Advance Directives For Mental Health Care.
  2.The Legislature finds and declares that: a.This State recognizes, in its law and public policy, a patient's right to make voluntary, informed choices to...
• Section 26:2h-104 - Definitions Relative To Advance Directives For Mental Health Care.
  3.As used in this act: "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...
• Section 26:2h-105 - Execution, Reaffirmation, Modification, Revocation, Suspension Of Advance Directive For
  mental health care. 4. a. A declarant may execute, reaffirm, modify, revoke or suspend an advance directive for mental health care at any time,...
• Section 26:2h-106 - Validity Of Advance Directive For Mental Health Care, Reaffirmation, Modification, Revocation.
  5. a. (1) An advance directive for mental health care shall be deemed to be valid for an indefinite period of time if it...
• Section 26:2h-107 - Execution Of Proxy Directive.
  6. a. A declarant may execute a proxy directive, pursuant to the requirements of section 4 of P.L.2005, c.233 (C.26:2H-105), designating an adult who...
• Section 26:2h-108 - Operative Date Of Advance Directive For Mental Health Care.
  7. a. An advance directive for mental health care shall become operative: (1)when it is transmitted to the responsible mental health care professional or...
• Section 26:2h-109 - Determination Of Patient's Decision-making Capacity.
  8. a. The responsible mental health care professional shall determine whether the patient lacks the capacity to make a particular mental health care decision....
• Section 26:2h-110 - Authority Of Mental Health Care Representative.
  9. a. If it has been determined that the patient lacks decision- making capacity, a mental health care representative shall have authority to make...
• Section 26:2h-111 - Additional Responsibilities Of Responsible Mental Health Care Professional.
  10. In addition to any rights and responsibilities recognized or imposed by or pursuant to this act, or by any other law, a mental...
• Section 26:2h-112 - Discussion Of Patient's Mental Health Condition.
  11. a. (1) The responsible mental health care professional, the patient to the extent possible, the mental health care representative, and, when appropriate, any...
• Section 26:2h-113 - Instruction Directive Legally Operative, Conditions.
  12. a. If the patient has executed an instruction directive but has not designated a mental health care representative, or if neither the designated...
• Section 26:2h-114 - Additional Rights, Responsibilities Of Psychiatric Facility.
  13. In addition to any rights and responsibilities recognized or imposed by or pursuant to this act, or any other law, a psychiatric facility...
• Section 26:2h-115 - Procedures, Practices For Resolving Disagreements.
  14. a. In the event of disagreement among the patient, mental health care representative and responsible mental health care professional concerning the patient's decision-making...
• Section 26:2h-116 - Construction Of Act; Severability.
  15. The provisions of this act shall not be construed to supersede any court order relating to, or the provisions of any other statute...
• Section 26:2h-117 - Rules, Regulations Relative To Psychiatric Facilities Operated By The Department Of Health.
  16.In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health, in consultation with the Commissioner of Human Services,...
• Section 26:2h-118 - Joint Evaluation, Report To Governor, Legislature.
  18.The Department of Health and the Department of Human Services shall jointly evaluate the implementation of this act and report to the Governor and...
• Section 26:2h-119 - Immunity From Criminal, Civil Liability.
  19. a. A mental health care representative shall not be subject to criminal or civil liability for any actions performed in good faith and...
• Section 26:2h-120 - Construction Of Act With Advance Directive For Health Care.
  20. Nothing in this act shall be construed to impair the legal force and effect of an advance directive for health care executed pursuant...
• Section 26:2h-121 - Absence Of Directive, No Presumption Created.
  21. The absence of an advance directive for mental health care shall create no presumption with respect to a patient's wishes regarding the provision,...
• Section 26:2h-122 - Existing Rights, Obligations Unaffected Under Health Insurance Programs.
  22. The execution of an advance directive for mental health care pursuant to this act shall not in any manner affect, impair or modify...
• Section 26:2h-123 - Validity Of Directive Executed Out-of-state.
  23. An advance directive for mental health care executed under the laws of another state in compliance with the laws of that state or...
• Section 26:2h-124 - Priority Of Provisions Of Act.
  24. a. (1) To the extent that any of the provisions of this act are inconsistent with P.L.2000, c.109 (C.46:2B-8.1 et seq.) concerning the...
• Section 26:2h-125 - Intentional Disregard For Act, Professional Misconduct; Fines; Fourth Degree Crime For Certain Acts Relative To Advance Directives.
  25. a. A mental health care professional who intentionally fails to act in accordance with the requirements of this act is subject to discipline...
• Section 26:2h-126 - Notification To Residents Of Closing, Relocation Of Nursing Home, Assisted Living Facility; Exceptions.
  1. a. Except as provided in subsection b. of this section, at least 60 days prior to the proposed date of the closing or...
• Section 26:2h-127 - Assisted Living Facility, Refund Of Deposit, Certain Circumstances.
  1. a. An assisted living facility licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) that requires a new resident,...
• Section 26:2h-128 - Rights Of Residents Of Assisted Living Facilities, Comprehensive Personal Care Homes.
  1. a. Each assisted living facility and comprehensive personal care home provider licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall distribute to each...
• Section 26:2h-129 - Short Title.
  1.Sections 1 through 13 of this act shall be known and may be cited as the "Physician Orders for Life-Sustaining Treatment Act." L.2011, c.145,
• Section 26:2h-130 - Findings, Declarations Relative To Physician 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...
• Section 26:2h-131 - Definitions Relative To Polst Form.
  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...
• Section 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 Physician Orders for Life-Sustaining Treatment form as...
• Section 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...
• Section 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...
• Section 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 or APN may, after...
• Section 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 or APN concerning the patient's...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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.
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 26:2h-156 - Violations, Penalties.
  25.A person or entity found to be in violation of the provisions of P.L.2015, c.125 (C.55:13B-5.1 et al.), or any rules or regulations adopted...
• Section 26:2h-157 - Rules, Regulations.
  26.The commissioner and the Commissioner of Community Affairs, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt, notwithstanding any provision...
• Section 26:2i-1 - Declaration Of Serious Public Emergency Relative To Health Care Facilities
  1.It is hereby declared that a serious public emergency exists affecting the health, safety and welfare of the people of the State resulting from...
• Section 26:2i-2 - Short Title
  This act shall be known and may be cited as the "New Jersey Health Care Facilities Financing Authority Law." L.1972, c. 29, s. 2.
• Section 26:2i-3 - Terms Defined.
  3.As used in this act, the following words and terms shall have the following meanings, unless the context indicates or requires another or different...
• Section 26:2i-4 - "New Jersey Health Care Facilities Financing Authority."
  4. a. There is hereby established in the Department of Health, a public body corporate and politic, with corporate succession, to be known as...
• Section 26:2i-5 - Powers Of Authority.
  5.Powers of authority. The authority shall have power: a.To adopt bylaws for the regulation of its affairs and the conduct of its business and...
• Section 26:2i-5.1 - Authority Financing Not Required.
  21.The provisions of P.L.1972, c.29 (C.26:2I-1 et seq.) shall not be construed to require a health care organization as defined in section 3 of...
• Section 26:2i-5.2 - Hcffa, Eda Powers Relative To For Profit Projects.
  22.Notwithstanding the provisions of P.L.1972, c.29 (C.26:2I-1 et seq.) to the contrary, nothing in that act shall be construed to provide the New Jersey...
• Section 26:2i-5.3 - Prevailing Wage Rate For Workers Employed On Projects With New Jersey Health Care Facilities Financing Authority Involvement.
  9.Each worker employed in the construction or rehabilitation of facilities undertaken in connection with loans, loan guarantees, expenditures, investments, tax exemptions or other incentives...
• Section 26:2i-5.4 - Exercise Of Rights, Powers Or Duties.
  10.For the purpose of implementing the provisions of sections 9 through 11 of this act, the Commissioner of Labor and Workforce Development shall, and...
• Section 26:2i-5.5 - Prevailing Wage Rules, Regulations, Adoption By New Jersey Health Care Financing Authority.
  11.The New Jersey Health Care Facilities Financing Authority shall, in consultation with the Commissioner of Labor and Workforce Development, adopt rules and regulations, consistent...
• Section 26:2i-5.6 - Inapplicability Of C.26:2i-5.3 Through C.26:2i-5.5.
  12.The provisions of sections 9 through 11 of this act shall not apply to construction and rehabilitation of facilities conducted entirely under contracts entered...
• Section 26:2i-7 - Issuance Of Bonds Authorized; Maturity; Terms.
  7. a. The authority is authorized from time to time to issue its bonds for any corporate purpose and to fund and refund the...
• Section 26:2i-7.1 - Payments, Contracts To Implement Payment, For Hospital Asset Transformation Program
  6. a. In each fiscal year, the State Treasurer shall pay from the General Fund to the authority, in accordance with a contract between...
• Section 26:2i-8 - Bonds Secured By Trust Agreement
  In the discretion of the authority, any bonds issued under the provisions of this act may be secured by a trust agreement by and...
• Section 26:2i-9 - Bonds Not Liability Of State Or Political Subdivision
  Bonds issued under the provisions of this act shall not be deemed to constitute a debt or liability of the State or of any...
• Section 26:2i-10 - Additional Powers Of Authority.
  10.The authority is authorized to fix, revise, charge and collect rates, rents, fees and charges for the use of and for the services furnished...
• Section 26:2i-11 - Moneys Of Authority; Trust Funds
  All moneys received pursuant to the authority of this act, whether as proceeds from the sale of bonds or as revenues, shall be deemed...
• Section 26:2i-12 - Bondholders; Enforcement Of Rights
  Any holder of bonds issued under the provisions of this act or any of the coupons appertaining thereto, and the trustee or trustees under...
• Section 26:2i-13 - Refunding Bonds; Additional Purposes
  a. The authority is hereby authorized to provide for the issuance of bonds of the authority for the purpose of refunding any bonds of...
• Section 26:2i-14 - Bonds As Legal Investments
  Bonds and notes issued by the authority under the provisions of this act are hereby made securities in which the State and all political...
• Section 26:2i-15 - Act Complete Authority For Issuance Of Bonds
  Bonds may be issued under the provisions of this act without obtaining the consent of any department, division, commission, board, bureau, agency or officer...
• Section 26:2i-16 - Exemptions From Taxes; Bonds; Property
  The exercise of the powers granted by the this act will be in all respects for the benefit of the people of this State,...
• Section 26:2i-17 - State Will Not Limit, Alter, Restrict Rights Of Authority.
  17.The State of New Jersey does pledge to and agree with the holders of the bonds issued pursuant to authority contained in this act,...
• Section 26:2i-18 - Annual Report And Audit
  On or before March 31 in each year, the authority shall make an annual report of its activities for the preceding calendar year to...
• Section 26:2i-19 - Contracts; Conflict Of Interest
  Except as otherwise expressly provided in this act, any member, officer, agent or employee of the authority, or member of the immediate family thereof,...
• Section 26:2i-20 - Comptroller Of Treasury; Powers Of Examination
  The Comptroller of the Treasury and his legally authorized representatives are hereby authorized and empowered from time to time to examine the accounts, books...
• Section 26:2i-21 - Department May Visit, Examine, Inspect Authority, Require Reports.
  21.The Department of Health, or the commissioner or their representatives, may visit, examine into, and inspect, the authority and may require, as often as...
• Section 26:2i-22 - Services Of State Departments Or Agencies
  The authority shall be entitled to call to its assistance and avail itself of the services of such employees of any State department or...
• Section 26:2i-23 - Power Of State Departments, Agencies.
  23.In order to provide new health care organizations and to enable the construction and financing thereof, to refinance indebtedness hereafter created by the authority...
• Section 26:2i-24 - Additional Powers, Duties Relative To Institutions, Facilities.
  24.In addition thereto the Commissioner of Human Services as to institutions operated by that department, the chief executive officer and the board of trustees...
• Section 26:2i-25 - Powers Relative To Revenue Producing Facilities.
  25.In addition to the powers and duties with respect to health care organizations given under sections 23 and 24 of P.L.1972, c.29 (C.26:2I-23 and...
• Section 26:2i-27 - Powers Exercised By Resolution Of Governing Body, Trustees.
  27.To the extent not otherwise expressly provided under existing law, all powers and duties conferred upon any State institution or Rutgers, The State University...
• Section 26:2i-28 - Additional Powers Of Authority Relative To Health Care Organizations.
  28.In addition to the foregoing powers, the authority with respect to health care organizations shall have power: a.Upon application of the health care organization...
• Section 26:2i-29 - Additional Powers Of Authority In Respect To Loans.
  29.The authority also shall have power: a.To make loans to any health care organization for the construction or acquisition of projects in accordance with...
• Section 26:2i-30 - Power Of Health Care Organization To Mortgage, Pledge Property, Income
  30. For the purpose of obtaining and securing loans under section 29 of P.L.1972, c.29 (C.26:2I-29) or subsection s. of section 5 of P.L.1972,...
• Section 26:2i-31 - Deposit Of Moneys Received From Health Care Organizations.
  31.Moneys of the authority received from any health care organization in payment of any sum due to the authority pursuant to the terms of...
• Section 26:2i-32 - Responsibility Of Authority Relative To Projects.
  32. a. Whenever the authority under section 28 of P.L.1972, c.29 (C.26:2I-28) undertakes to construct, acquire or otherwise provide and operate and manage a...
• Section 26:2i-33 - Pledges Of Health Care Organizations.
  33.Any pledge of moneys, earnings, income or revenues authorized with respect to health care organizations, pursuant to the provisions of this act, shall be...
• Section 26:2i-34 - Participation In Or Acquisition Of Existing Projects.
  34. a. Whenever any health care organization has constructed or acquired any work or improvement which would otherwise qualify as a project under the...
• Section 26:2i-35 - Construction Of Act
  This act shall be liberally construed to effect the purpose thereof. L.1972, c. 29, s. 35.
• Section 26:2i-36 - No Liability Or Pledge Of Credit Of State
  Nothing contained in this act shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the...
• Section 26:2i-37 - Powers Supplemental And Not Derogatory
  The foregoing sections of this act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby,...
• Section 26:2i-38 - Inapplicability Of Inconsistent Laws.
  38.All laws, or parts thereof, inconsistent with this act are hereby declared to be inapplicable to the provisions of this act, except as otherwise...
• Section 26:2i-39 - Severability
  The provisions of this act shall be severable, and if any of the provisions hereof shall be held to be unconstitutional or otherwise invalid,...
• Section 26:2j-1 - Short Title
  This act may be cited as the "Health Maintenance Organizations Act." L.1973, c. 337, s. 1, eff. Dec. 27, 1973.
• Section 26:2j-2 - Definitions
  a. "Commissioner" means the State Commissioner of Health. b. "Basic health care services" means those services, including but not limited to emergency care, inpatient...
• Section 26:2j-3 - Establishment Of Health Maintenance Organizations
  a. Notwithstanding any law of this State to the contrary, any person may apply to the commissioner for and obtain a certificate of authority...
• Section 26:2j-4 - Issuance Of Certificate Of Authority
  a. (1) Upon receipt of an application for issuance of a certificate of authority the commissioner shall forthwith transmit copies of such application and...
• Section 26:2j-4.1 - Health Maintenance Organization To Pay Benefits For Treatment Of Wilm's Tumor
  Notwithstanding any provision of law to the contrary, every health maintenance organization for which a certificate of authority to establish and operate a health...
• Section 26:2j-4.2 - Health Maintenance Organization To Offer Basic Health Services Coverage
  58. Notwithstanding any provision of law to the contrary, a certificate of authority to establish and operate a health maintenance organization in this State...
• Section 26:2j-4.3 - Limitations On Basic Health Care Services
  59. a. The coverages for basic health care services offered pursuant to section 58 of P.L.1991, c.187 (C.26:2J-4.2) shall be limited to the following...
• Section 26:2j-4.4 - Health Maintenance Organization, Mammogram Examination Benefits.
  6. a. Notwithstanding any provision of law to the contrary, a certificate of authority to establish and operate a health maintenance organization in this...
• Section 26:2j-4.5 - Health Maintenance Organization, Benefits For "Off-label" Drugs Required
  7. a. Notwithstanding any provision of law to the contrary, and except as otherwise provided in P.L.1992, c.161 (C.17B:27A-2 et al.) or P.L.1992, c.162...
• Section 26:2j-4.6 - Health Maintenance Organization, Benefits For Health Promotion.
  8. a. Notwithstanding any provision of this act or any other law to the contrary, a certificate of authority to establish and operate a...
• Section 26:2j-4.7 - Requirements For Health Maintenance Organization Providing Benefits For Pharmacy Services.
  6. a. Notwithstanding any provision of law to the contrary, a certificate of authority to establish and operate a health maintenance organization in this...
• Section 26:2j-4.8 - Benefits For Certain Cancer Treatments
  6. In addition to benefits provided under regulations adopted pursuant to P.L.1992, c.161 (C.17B:27A-2 et seq.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), no certificate...
• Section 26:2j-4.9 - Coverage For Birth And Natal Care; Hmo
  8. a. Every enrollee agreement that provides maternity benefits and is delivered, issued, executed or renewed in this State pursuant to P.L.1973, c.337 (C.26:2J-1...
• Section 26:2j-4.10 - Health Maintenance Organization, Child Screening, Blood Lead, Hearing Loss; Immunizations.
  4.A certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued by the Commissioner...
• Section 26:2j-4.11 - Coverage For Diabetes Treatment By Hmo Contracts
  6. a. Every contract for health care services that is delivered, issued, executed or renewed in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et...
• Section 26:2j-4.12 - Hmo Contracts, Pap Smear Benefits.
  5.A certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued by the Commissioner...
• Section 26:2j-4.13 - Hmo Certificate Of Authority, Prostate Cancer Testing
  5. A certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued by the...
• Section 26:2j-4.14 - Hmo To Provide Benefits For Reconstructive Breast Surgery.
  6.A certificate of authority to establish and operate a health maintenance organization in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.) shall not...
• Section 26:2j-4.15 - Coverage For Minimum Inpatient Care Following Mastectomy By Hmo.
  8. a. Every enrollee agreement that provides hospital or medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to...
• Section 26:2j-4.16 - Applicability Of Health Care Quality Act
  28. Notwithstanding the provisions of P.L.1973, c.337 (C.26:2J-1 et seq.) to the contrary, a certificate of authority to establish and operate a health maintenance...
• Section 26:2j-4.17 - Coverage For Treatment Of Inherited Metabolic Diseases By Health Maintenance Organization.
  8.Notwithstanding any provision of law to the contrary, a certificate of authority to establish and operate a health maintenance organization in this State shall...
• Section 26:2j-4.18 - Coverage For Treatment Of Domestic Violence Injuries By Health Maintenance Organization.
  6.Except as otherwise provided in P.L.1992, c.161 (C.17B:27A-2 et seq.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), no health maintenance organization shall deny health care...
• Section 26:2j-4.19 - Coverage For Certain Dental Procedures For The Severely Disabled Or Child Age Five Or Under By Hmo.
  6. a. A certificate of authority to establish and operate a health maintenance organization in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.),...
• Section 26:2j-4.20 - Hmo To Provide Coverage For Biologically Based Mental Illness.
  8. a. Every enrollee agreement delivered, issued, executed, or renewed in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.) or approved for issuance...
• Section 26:2j-4.21 - Hmo To Provide Continuing Nursing Home Care, Certain.
  1. a. A certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued by...
• Section 26:2j-4.22 - Coverage For Hemophilia Services By Hmo
  10. Notwithstanding the provisions of P.L.1973, c.337 (C.26:2J-1 et seq.) to the contrary, a certificate of authority to establish and operate a health maintenance...
• Section 26:2j-4.23 - Health Maintenance Organization To Provide Coverage For Treatment Of Infertility.
  5. a. No certificate of authority to establish and operate a health maintenance organization in this State shall be issued or continued on or...
• Section 26:2j-4.24 - Hmo Agreement To Provide Coverage For Colorectal Cancer Screening.
  8.Every enrollee agreement that provides hospital or medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to P.L.1973, c.337...
• Section 26:2j-4.25 - Health Maintenance Organization Prescription Drug Plans To Cover Certain Infant Formulas.
  6.A certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued on or after...
• Section 26:2j-4.26 - Hmo Required To Cover Certain Out-of-network Services.
  10.Notwithstanding the provisions of P.L.1973, c.337 (C.26:2J-1 et seq.) to the contrary, a certificate of authority to establish and operate a health maintenance organization...
• Section 26:2j-4.27 - Hmo To Offer Coverage For Domestic Partner.
  52.Every health maintenance organization contract that is delivered, issued, executed or renewed in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.) or approved...
• Section 26:2j-4.28 - Hmo, High Deductible, Coverage For Preventive Care.
  11.A certificate of authority to establish and operate a health maintenance organization, which organization offers a contract that qualifies as a high deductible health...
• Section 26:2j-4.29 - Health Service Corporation, Coverage For Prescription Female Contraceptives.
  12.Notwithstanding the provisions of section 4 of P.L.1995, c.316 (C.26:2J-4.10) regarding deductibles for a high deductible health plan, a contract offered by a health...
• Section 26:2j-4.30 - Health Maintenance Organization, Coverage For Prescription Female Contraceptives.
  6.A certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued on or after...
• Section 26:2j-4.31 - Hmos To Provide Benefits For Orthotic And Prosthetic Appliances.
  8. a. A certificate of authority to establish and operate a health maintenance organization in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.)...
• Section 26:2j-4.32 - Health Maintenance Organization To Provide Coverage For Hearing Aids For Certain Persons Aged 15 Or Younger.
  9.A health maintenance organization contract for health care services that is delivered, issued, executed or renewed in this State pursuant to P.L.1973, c.337 (C.26:2J-1...
• Section 26:2j-4.33 - Health Maintenance Organization To Provide Installment Payments To Obstetrical Provider For Maternity Services.
  8. a. Every certificate of authority to establish and operate a health maintenance organization issued or continued in this State pursuant to P.L.1973, c.337...
• Section 26:2j-4.34 - Health Maintenance Organization To Provide Benefits For Treatment Of Autism Or Other Developmental Disability.
  8.Notwithstanding any other provision of law to the contrary, a health maintenance organization enrollee agreement that provides health care services and is delivered, issued,...
• Section 26:2j-4.35 - Hmo To Provide Coverage For Oral Anticancer Medications.
  8. a. A health maintenance organization contract for health care services that is delivered, issued, executed, or renewed in this State pursuant to P.L.1973,...
• Section 26:2j-4.36 - Hmo To Provide Coverage For Sickle Cell Anemia.
  6.Every health maintenance organization contract that provides health care services and is delivered, issued, executed, or renewed in this State pursuant to P.L.1973, c.337...
• Section 26:2j-4.37 - Health Maintenance Organization To Provide Coverage For Prescription Eye Drops.
  8. a. A health maintenance organization contract which provides hospital or medical expense benefits that include coverage for prescription eye drops, issued or continued...
• Section 26:2j-4.38 - Health Maintenance Organization, Coverage For Synchronization Of Prescribed Medications.
  6. a. Every certificate of authority to establish and operate a health maintenance organization in this State issued, continued or renewed in this State,...
• Section 26:2j-5 - Powers Of Health Maintenance Organizations
  a. The powers of a health maintenance organization include the following: (1) the purchase, lease, construction, renovation, operation, or maintenance of health care facilities,...
• Section 26:2j-6 - Governing Body
  a. The governing body of any health maintenance organization may include providers, other individuals, or both. b. Such governing body shall establish a mechanism...
• Section 26:2j-7 - Protection Against Wrongful Acts
  Any director, officer employee or partner of a health maintenance organization who receives, collects, disburses, or invests funds in connection with the activities of...
• Section 26:2j-8 - Evidence Of Coverage
  8. Evidence of coverage. a. (1) Enrollees are entitled to receive evidence of coverage and evidence of the total amount of payment which the...
• Section 26:2j-8.1 - Health Maintenance Organization To Receive, Transmit Transactions Electronically; Standards.
  7. a. Within 180 days of the adoption of a timetable for implementation pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23), a health maintenance...
• Section 26:2j-9 - Annual Report
  a. Every health maintenance organization shall annually, on or before March 1, file a report verified by at least two principal officers with the...
• Section 26:2j-10 - Information To Enrollees
  a. Every health maintenance organization shall annually provide to its enrollees: (1) a summary of any material changes since the issuance of the last...
• Section 26:2j-10.1 - Coverage Provided By Health Maintenance Organization For Subscriber's Child
  13. a. A health maintenance organization contract or certificate in which dependent coverage is available shall not deny coverage for an enrollee's child for...
• Section 26:2j-10.2 - Requirements Applicable To State Medicaid
  14. A health maintenance organization shall not impose requirements on the Division of Medical Assistance and Health Services in the Department of Human Services...
• Section 26:2j-10.3 - Coverage For Certain Dependents Until Age 31 By Health Maintenance Organization.
  6. a. As used in this section, "dependent" means an enrollee's child by blood or by law who: (1)is 30 years of age or...
• Section 26:2j-11 - Annual Open Enrollment Period
  a. After a health maintenance organization has been in operation 24 months, it shall have an annual open enrollment period of at least one...
• Section 26:2j-11.1 - Failure To Agree On Terms; Four-month Extension; Notification Of Options
  If a health maintenance organization authorized to operate in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.) and a general hospital licensed pursuant...
• Section 26:2j-12 - Complaint System
  a. (1) Every health maintenance organization shall establish and maintain a complaint system to provide reasonable procedures for the resolution of written complaints initiated...
• Section 26:2j-13 - Investments
  With the exception of investments made in accordance with section 5 a. (1) and (3) hereof, the investable funds of a health maintenance organization...
• Section 26:2j-14 - Protection Against Insolvency
  Each health maintenance organization shall deposit cash or a form of guaranty or security in such amount as will assure that the obligations to...
• Section 26:2j-15 - Prohibited Practices For Health Maintenance Organization
  15. a. No health maintenance organization, or representative thereof, may cause or knowingly permit the use of advertising which is untrue or misleading, solicitation...
• Section 26:2j-15.1 - Health Care Services Contract, Exclusion, Rates, Terms Based On Genetic Information Prohibited
  16. Every contract for health care services that is delivered, issued, executed or renewed in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.)...
• Section 26:2j-16 - Regulation Of Agents
  The commissioner may, after notice and hearing, promulgate such reasonable rules and regulations, which have been approved by the Commissioner of Insurance, as are...
• Section 26:2j-17 - Powers Of Insurers And Hospital And Medical Service Corporations
  a. An insurance company licensed in this State, or a hospital or medical service corporation authorized to do business in this State, may either...
• Section 26:2j-18 - Examinations
  a. Not less frequently than once every 3 years the commissioner may make an examination concerning the quality of health care services and other...
• Section 26:2j-18.1 - Examination Of Hmo By Commissioner Of Banking And Insurance.
  20. The Commissioner of Banking and Insurance may conduct an examination of a health maintenance organization in accordance with the procedures provided in P.L.1993,...
• Section 26:2j-18.2 - Definitions Relative To Risk Based Capital Requirements For Hmos.
  1. As used in sections 1 through 5 of P.L.2005, c.65 (C.26:2J-18.2 et seq.): "Commissioner" means the Commissioner Banking and Insurance. "Health maintenance organization"...
• Section 26:2j-18.3 - Increase Of Capital, Surplus; Methods, Procedures.
  2. The commissioner may increase the amount of capital or surplus required of a health maintenance organization, or subsequently revise or redetermine that increase,...
• Section 26:2j-18.4 - Factors In Determining Change In Capital, Surplus.
  3.In determining any increase, revision or redetermination in the capital or surplus of a health maintenance organization pursuant to the provisions of section 2...
• Section 26:2j-18.5 - Noncompliance, Penalties.
  4.The commissioner may suspend or revoke the authority to do business in this State of any health maintenance organization that does not comply with...
• Section 26:2j-18.6 - Regulations.
  5.The commissioner may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of P.L.2005, c.65...
• Section 26:2j-19 - Suspension Or Revocation Of Certificate Of Authority
  a. The commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization under this act if he finds that...
• Section 26:2j-21 - Regulation
  The commissioner may, upon notice and hearing, promulgate reasonable rules and regulations, as are necessary or proper to carry out the provisions of this...
• Section 26:2j-22 - Administrative Procedures
  a. When the commissioner has cause to believe that grounds for the denial of an application for a certificate of authority exist, or that...
• Section 26:2j-23 - Fees.
  23.Every health maintenance organization subject to this act shall pay to the commissioner the following fees: a.for filing an application for a certificate of...
• Section 26:2j-24 - Administrative Penalty; Enforcement
  24. a. The commissioner may, in lieu of suspension or revocation of a certificate of authority under section 18 hereof, levy an administrative penalty...
• Section 26:2j-25 - Statutory Construction And Relationship To Other Laws.
  25.Statutory construction and relationship to other laws. a.Except as otherwise provided in this act, provisions of the insurance law and provisions of hospital, medical...
• Section 26:2j-26 - Filings And Reports As Public Documents.
  26.Filings and reports as public documents. All applications, filings and reports required under this act shall be treated as public documents and, except for...
• Section 26:2j-27 - Confidentiality Of Medical Information
  Any data or information pertaining to the diagnosis, treatment, or health of any enrollee or applicant obtained from such enrollee or from any provider...
• Section 26:2j-28 - Commissioner Of Health's Authority To Contract
  The commissioner or where applicable the Commissioner of Insurance, in carrying out his obligations under sections 4 a. (2), and 18 a. hereof, may...
• Section 26:2j-29 - Enrollment Of State Employees
  Any employee of the State or any subdivision of the State or any institution supported in whole or in part by the State may...
• Section 26:2j-30 - Severability
  If any section, term, or provision of this act shall be adjudged invalid for any reason, such judgment shall not affect, impair, or invalidate...
• Section 26:2j-31 - Definitions
  1. As used in this act: "Applicant" means any individual who seeks enrollment with a health maintenance organization for the purpose of obtaining medicare...
• Section 26:2j-32 - Applicability Of Act
  2. Except as otherwise specifically provided: a. This act shall apply to all medicare supplement health care services provided pursuant to a medicare supplement...
• Section 26:2j-33 - Avoidance Of Duplication Of Benefits, Regulations
  3. a. No medicare supplement contract or evidence of coverage shall provide for health care services which duplicate any benefits provided by medicare. b....
• Section 26:2j-34 - Coverage For Preexisting Condition
  4. Notwithstanding any other provision of law to the contrary, a medicare supplement contract or evidence of coverage shall not deny medicare supplement health...
• Section 26:2j-35 - Regulations
  5. The commissioner shall promulgate regulations to effectuate and enforce the provisions of this act and any regulations which are necessary to conform medicare...
• Section 26:2j-36 - Authorization For Health Maintenance Organization To Offer, Provide Medicare Supplement Health Care Services
  6. No health maintenance organization shall offer or provide medicare supplement health care services in this State without authorization by the commissioner. The commissioner...
• Section 26:2j-37 - Submission Of Underlying Plan; Rate Filings
  7. a. No health maintenance organization authorized pursuant to section 6 of this act shall deliver or issue for delivery in this State any...
• Section 26:2j-38 - Outline Of Coverage Delivered To Applicant
  8. a. In order to provide for full and fair disclosure in the sale of medicare supplement contracts or evidences of coverage, no medicare...
• Section 26:2j-39 - 30-day Return Provision, Refunds
  9. Notice shall be prominently printed on the first page of each medicare supplement contract and evidence of coverage stating in substance that the...
• Section 26:2j-40 - Filing Of Copy Of Advertising Materials, Regulations
  10. a. Every health maintenance organization shall file with the department a copy of all advertising materials to be used in promoting medicare supplement...
• Section 26:2j-41 - Additional Remedies
  11. In addition to any other applicable penalties for violation of the relevant provisions of law, the commissioner may require a health maintenance organization...
• Section 26:2j-42 - Health Maintenance Organization Contract; Compliance
  24. No health maintenance organization contract, evidence of coverage, or other form subject to the filing requirements of P.L.1973, c.337 (C.26:2J-1 et seq.) or...
• Section 26:2j-43 - Filing Of Contract Or Related Form
  25. a. Except as otherwise provided in P.L.1992, c.161 (C.17B:27A-2 et seq.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), any health maintenance organization contract or...
• Section 26:2j-44 - Contract Forms; Certification Memorandum
  26. a. Pursuant to the provisions of this section, a health maintenance organization authorized to do business in this State may file with the...
• Section 26:2j-47 - Special Interim Assessment On Hmos, Annual Assessment Beginning In Fy2007; Rates.
  3. a. (1) For the fiscal years 2005 and 2006, the Commissioner of Banking and Insurance shall issue, in accordance with the provisions of...
• Section 26:2k-7 - Definitions
  As used in this act: a. "Advanced life support" means an advanced level of pre-hospital, inter-hospital, and emergency service care which includes basic life...
• Section 26:2k-8 - Mobile Intensive Care Paramedic; Certification From Commissioner; Written Standards; Examination; Register Of Applicants.
  2. a. A mobile intensive care paramedic shall obtain certification from the commissioner to staff a mobile intensive care unit and shall make application...
• Section 26:2k-9 - Revocation Of Certificate
  The commissioner after notice and hearing may revoke the certification of a mobile intensive care paramedic for violation of any provision of this act...
• Section 26:2k-10 - Performance Of Advanced Life Support Services; Supervision From Physician
  A mobile intensive care paramedic may perform advanced life support services, provided they maintain direct voice communication with and are taking orders from a...
• Section 26:2k-11 - Performance Of Advanced Life Support Procedure; Immediate Danger Of Patient
  If the direct voice communications fail, a mobile intensive care paramedic may perform any advanced life support procedure for which that person is certified...
• Section 26:2k-12 - Mobile Intensive Care Units
  a. Only a hospital authorized by the commissioner with an accredited emergency service may develop and maintain a mobile intensive care unit, and provide...
• Section 26:2k-12.1 - Hospitals In Certain Municipalities, Requirements For Provision Of Emergency Medical Services.
  1. a. (1) A hospital which has been issued a certificate of need by the Department of Health to operate a Level 1 trauma...
• Section 26:2k-13 - Provision Of Life Support Services; Advertisement Or Dissemination Of Information Prohibited; Impersonation Of Paramedic Prohibited
  a. No person may advertise or disseminate information to the public that the person provides advanced life support services by a mobile intensive care...
• Section 26:2k-14 - Liability For Civil Damages
  No mobile intensive care paramedic, licensed physician, hospital or its board of trustees, officers and members of the medical staff, nurses or other employees...
• Section 26:2k-15 - Violations; Penalties
  An individual who violates the provisions of this act is subject to a penalty of $200.00 for the first offense and $500.00 for each...
• Section 26:2k-16 - Advisory Council
  The commissioner shall establish a State mobile intensive care advisory council, which shall advise the department on all matters of mobile intensive care services,...
• Section 26:2k-17 - Rules And Regulations
  The commissioner shall promulgate such rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.) as he...
• Section 26:2k-18 - Duties Of Mobile Intensive Care Paramedic; Interpretation Of Act
  Nothing in this act shall be interpreted to permit a mobile intensive care paramedic to perform the duties or fill the position of another...
• Section 26:2k-19 - Emergency Service Training Program; Construction Of Act
  Nothing in this act shall be construed as interfering with an emergency service training program authorized and operated under provisions of the "New Jersey...
• Section 26:2k-20 - Duties Of Health Care Professionals; Construction Of Act
  Nothing in this act shall be construed to prevent a licensed and qualified member of the health care profession from performing any of the...
• Section 26:2k-21 - Definitions
  As used in this act: a. "Board" means the State Board of Medical Examiners; b. "Basic life support" means a basic level of pre-hospital...
• Section 26:2k-22 - Pilot Program
  A hospital having an accredited emergency service may apply to the department for approval to develop and maintain a pilot intermediate life support program...
• Section 26:2k-23 - 3-year Limit
  An intermediate life support program shall not extend beyond three years of the effective date of this act. The commissioner shall report to the...
• Section 26:2k-24 - Conditions For Performance Of Services
  a. EMT-intermediates may perform intermediate life support services; provided they maintain direct voice communications with, and are taking orders from, a licensed physician or...
• Section 26:2k-25 - Certification
  a. An EMT-intermediate shall obtain certification from the commissioner to provide pre-hospital intermediate life support services and shall make application therefor on forms prescribed...
• Section 26:2k-26 - Revocation
  The commissioner, after notice and hearing, may revoke the certification of an EMT-intermediate for violation of any provisions of this act or of any...
• Section 26:2k-27 - Authorization
  a. A hospital authorized by the commissioner pursuant to section 3 shall provide intermediate life support services on a seven-day-a-week basis. b. The commissioner...
• Section 26:2k-28 - Advertising Restrictions
  a. No person may advertise or disseminate information to the public that the person provides intermediate life support services, unless the person is authorized...
• Section 26:2k-29 - Immunity
  No EMT-intermediate, licensed physician, hospital or its board of trustees, officers and members of the medical staff, nurses or other employees of the hospital,...
• Section 26:2k-30 - Penalty
  Any person who violates the provisions of this act is subject to a penalty of $200.00 for the first offense and $500.00 for each...
• Section 26:2k-31 - Rules, Regulations
  The commissioner shall adopt such rules and regulations in accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) as...
• Section 26:2k-32 - Functions Limited
  Nothing in this act shall be interpreted to permit an EMT-intermediate to perform the duties or fill the position of another health professional employed...
• Section 26:2k-33 - Training Program Unaffected
  Nothing in this act shall be construed as interfering with an emergency service training program authorized and operated under provisions of the "New Jersey...
• Section 26:2k-34 - Performance Of Duties By Professionals
  Nothing in this act shall be construed to prevent a licensed and qualified member of the health care profession from performing any of the...
• Section 26:2k-35 - Definitions.
  1.As used in this act: a."Commissioner" means the Commissioner of Health. b."Dispatch" means the coordinated request for and dispatch of the emergency medical service...
• Section 26:2k-36 - Emergency Medical Service Helicopter Response Program
  a. There is established the New Jersey Emergency Medical Service Helicopter Response Program in the Division of Local and Community Health Services of the...
• Section 26:2k-36.1 - New Jersey Emergency Medical Service Helicopter Response Program Fund Established
  2. a. There is established in the General Fund a special dedicated fund to be known as the New Jersey Emergency Medical Service Helicopter...
• Section 26:2k-37 - Transportation Service
  The Division of State Police of the Department of Law and Public Safety shall establish an emergency medical transportation service to provide medical transportation...
• Section 26:2k-38 - Civil Immunity
  No mobile intensive care paramedic, licensed physician, hospital or its board of trustees, officers and members of the medical staff, nurses or other employees...
• Section 26:2k-39 - Definitions
  1. As used in this act: "Commissioner" means the Commissioner of Health. "Emergency medical service" means a program in a hospital staffed 24 hours-a-day...
• Section 26:2k-40 - Certification As Emt-d, First Responder-d
  2. a. An emergency medical technician who has been certified by the commissioner as an EMT-D may perform cardiac defibrillation, with or without the...
• Section 26:2k-41 - Revocation Of Certification
  3. The commissioner, after notice and hearing, may revoke the certification of an EMT-D or a First Responder-D for violation of any provisions of...
• Section 26:2k-42 - False Advertising; Impersonation Of Emt-d, First Responder-d
  4. a. A person shall not advertise or disseminate information to the public that the person is an EMT-D or a First Responder-D unless...
• Section 26:2k-43 - Immunity Relative To Cardiac Defibrillation
  5. An EMT-D, First Responder-D, EMT-intermediate, licensed physician, hospital or its board of trustees, officers and members of the medical staff, nurses, paramedics or...
• Section 26:2k-44 - Penalty For Violation
  A person who violates the provisions of this act is subject to a penalty of $200 for the first offense and $500 for each...
• Section 26:2k-45 - Performance Of Functions Necessary For Orderly Transfer
  8. Nothing in this act shall be construed to permit an EMT-D or a First Responder-D to perform the duties or fill the position...
• Section 26:2k-46 - Not Interference With Emergency Service Training Program
  Nothing in this act shall be construed as interfering with an emergency service training program authorized and operated under the provisions of the "New...
• Section 26:2k-47 - Performance Of Duties By Other Health Care Professional
  10. Nothing in this act shall be construed to prevent a licensed and qualified member of a health care profession from performing any of...
• Section 26:2k-47.1 - Definitions Relative To Administration Of Epinephrine.
  1.As used in this act: "Commissioner" means the Commissioner of Health; "Emergency medical service" means a program in a hospital staffed 24 hours-a-day by...
• Section 26:2k-47.2 - Administration, Maintenance, Disposal Of Auto-injector Device; Certification; Training; Fee.
  2. a. An emergency medical technician who has been certified by the commissioner pursuant to subsection b. of this section to administer an epinephrine...
• Section 26:2k-47.3 - Purchasing, Storing, Transporting Devices
  3.Notwithstanding the provisions of any other law to the contrary, an emergency medical technician, first aid, ambulance or rescue squad, or other entity employing...
• Section 26:2k-47.4 - Revocation Of Certification
  4.The commissioner, after notice and hearing, may revoke the certification granted pursuant to section 2 of this act for a violation of any provision...
• Section 26:2k-47.5 - Authorization For Advertising, Disseminating Information
  5.A person shall not advertise or disseminate information to the public that the person is certified to use an epinephrine auto-injector device unless the...
• Section 26:2k-47.6 - Immunity From Civil Liability
  6.An emergency medical technician certified to administer an epinephrine auto-injector device pursuant to section 2 of this act, licensed physician, hospital or its board...
• Section 26:2k-47.7 - Violations, Penalties
  7.A person who violates the provisions of this act is liable to a penalty of $200 for the first offense and $500 for each...
• Section 26:2k-47.8 - Construction Of Act
  8.Nothing in this act shall be construed to: a.permit a person certified to administer an epinephrine auto-injector device pursuant to section 2 of this...
• Section 26:2k-47.9 - Rules, Regulations.
  10.Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health shall adopt rules and regulations to effectuate the purposes...
• Section 26:2k-48 - Findings, Declarations
  1. The Legislature finds and declares that: a. Traumatic injuries, such as automobile accidents, bicycle accidents, drownings and poisonings, are the most common cause...
• Section 26:2k-49 - Definitions
  2. As used in this act: "Advanced life support" means an advanced level of pre-hospital, interhospital, and emergency service care which includes basic life...
• Section 26:2k-50 - Emergency Medical Services For Children Program
  3. a. There is established within the Office of Emergency Medical Services in the Department of Health, the Emergency Medical Services for Children program....
• Section 26:2k-51 - Purposes Of The Program
  4. The EMSC program shall include, but not be limited to, the establishment of the following: a. Initial and continuing education programs for emergency...
• Section 26:2k-52 - Emergency Medical Services For Children Advisory Council
  5. a. There is created an Emergency Medical Services for Children Advisory Council to advise the Office of Emergency Medical Services and the coordinator...
• Section 26:2k-53 - Rules, Regulations
  6. The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the purposes...
• Section 26:2k-54 - Short Title
  1. This act shall be known and may be cited as the "Emergency Medical Technician Training Fund Act." L.1992,c.143,s.1.
• Section 26:2k-55 - Definitions
  2. As used in this act: "Commissioner" means the Commissioner of Health. "Fund" means the "Emergency Medical Technician Training Fund" established pursuant to this...
• Section 26:2k-56 - "Emergency Medical Technician Training Fund" Established
  3. There is established the "Emergency Medical Technician Training Fund" as a nonlapsing, revolving fund. The fund shall be administered by the commissioner or...
• Section 26:2k-57 - Reimbursement Of Certified Agency, Organization, Entity
  4.The commissioner, in accordance with recommendations adopted by the council, and within the limits of those monies in the fund, shall annually reimburse any...
• Section 26:2k-58 - Certified Persons Not Charged A Fee
  5. An agency, organization or other entity which receives monies from the fund shall not charge a fee to a person who is certified...
• Section 26:2k-59 - Establishment Of State Advisory Council For Basic And Intermediate Life Support Services Training
  6. a. The commissioner shall establish a State advisory council for basic and intermediate life support services training. The council shall be responsible for:...
• Section 26:2k-60 - Requests For Assistance Of First Aid, Ambulance, Rescue Squad
  1. In the event of an emergency, the chief executive officer of any volunteer first aid, ambulance or rescue squad or the mayor or...
• Section 26:2k-61 - Agreements For Mutual First Aid, Ambulance, Rescue Squad Assistance
  2. The governing bodies of two or more municipalities may, by enacting reciprocal ordinances, enter into agreements with each other for mutual first aid,...
• Section 26:2k-62 - Suspension Of Agreement
  3. A county emergency management coordinator may, by express order, suspend operation of the provisions of any agreement entered into pursuant to section 2...
• Section 26:2k-63 - Certification As Emt Valid For Five Years.
  1.Certification of a person as an emergency medical technician by the Commissioner of Health, when that person meets the requirements therefor as prescribed by...
• Section 26:2k-64 - Rules, Regulations.
  2.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...
• Section 26:2k-65 - Written Standards For Certification As Emt-basic.
  1.The Commissioner of Health and Senior Services, with the approval of the State Board of Medical Examiners, shall establish written standards which a person...
• Section 26:2kk-1 - Findings, Declarations Relative To Trauma Care.
  1.The Legislature finds and declares that: a.Injury is the leading cause of death for New Jersey citizens aged one to 44, the fourth leading...
• Section 26:2kk-2 - Doh Designated Lead Agency.
  2.The Department of Health shall serve as lead agency for the development of a formal State trauma system that defines the roles of all...
• Section 26:2kk-3 - State Trauma Medical Director.
  3. a. The Commissioner of Health shall appoint a State Trauma Medical Director, to oversee the planning, development, ongoing maintenance, and enhancement of the...
• Section 26:2kk-4 - State Trauma System Advisory Committee.
  4. a. The commissioner shall establish a multidisciplinary State Trauma System Advisory Committee (STSAC) to advise the commissioner and the State Trauma Medical Director...
• Section 26:2kk-5 - Rules, Regulations.
  5.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 necessary to effectuate the...
• Section 26:2l-1 - Short Title
  This act shall be known and may be cited as the "Controlled Dangerous Substances Therapeutic Research Act." L.1981, c. 72, s. 1, eff. March...
• Section 26:2l-2 - Legislative Findings And Declarations
  The Legislature finds and declares that recent medical research has shown that the therapeutic use of certain Schedule I controlled dangerous substances may alleviate...
• Section 26:2l-3 - Definitions
  As used in this act: a. "Board" means the Therapeutic Research Qualification Review Board established in section 5 of this act. b. "Commissioner" means...
• Section 26:2l-4 - Program; Establishment; Administration; Rules And Regulations; Patients; Certification; Confidentiality Of Names And Records
  a. There is hereby established in the State Department of Health, the controlled dangerous substances therapeutic research program. The program shall be limited to...
• Section 26:2l-5 - Therapeutic Research Qualification Review Board; Members; Appointment; Compensation; Duties; Certification Of Practitioners And Patients
  a. The commissioner, after consulting with the Medical Society of New Jersey, shall appoint a Therapeutic Research Qualification Review Board to serve at his...
• Section 26:2l-6 - Schedule I Controlled Dangerous Substance; Agreement For Receipt For Purposes Of Act; Transfer To Certified Practitioners For Use; Inapplicability Of Act To Receipt From National Cancer Institute
  a. The commissioner shall enter into an agreement with the National Institute on Drug Abuse for receipt of a Schedule I controlled dangerous substance...
• Section 26:2l-7 - Reports By Participating Practitioners
  Participating practitioners shall submit to the commissioner reports on the use of Schedule I controlled dangerous substances received by their patients pursuant to this...
• Section 26:2l-8 - Review Of Reports; Report By Board And Commissioner To Legislature And Governor
  The board shall review all reports of use of Schedule I controlled dangerous substances in such cases, and the commissioner, in conjunction with the...
• Section 26:2l-9 - Inapplicability Of Laws On Controlled Dangerous Substances
  Notwithstanding any laws to the contrary, nothing in the laws dealing with controlled dangerous substances shall be construed to prohibit a program of therapeutic...
• Section 26:2m-7 - Alzheimer's Disease Training
  a. The Commissioner of the Department of Health shall establish a training program for health care providers in licensed long-term health care facilities in...
• Section 26:2m-7.1 - Long-term Care Facilities, List Of Services For Alzheimer's Patients.
  1.A long-term care facility that provides specialized care of patients with Alzheimer's disease and related disorders, as defined in section 2 of P.L.1988, c.114...
• Section 26:2m-7.2 - Training For Long-term Care Facility Staff Relative To Alzheimer's Disease.
  1. a. The Commissioner of Health shall establish a mandatory training program for long-term care facility staff, as described in subsection b. of this...
• Section 26:2m-8 - Rules, Regulations
  Pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), the commissioner shall adopt all rules and regulations necessary to...
• Section 26:2m-9 - Findings, Declarations.
  The legislature finds and declares: a. There is a critical need to establish specialized programs for clients suffering from Alzheimer's disease and related disorders....
• Section 26:2m-10 - Definitions.
  2.As used in this act: a."Adult day care" means a community-based group program designed to meet the needs of functionally or cognitively impaired adults...
• Section 26:2m-11 - Grants
  The commissioner shall establish a program for participants in specialized adult day care centers, for which purpose the department shall award grants to qualified...
• Section 26:2m-12 - Qualifications For Grant Recipients.
  4. a. In order to be eligible to receive a grant from the department pursuant to section 3 of this act, an applicant shall...
• Section 26:2m-13 - Training Program
  The department shall develop a training program which includes information on the symptoms and progress of the disease and appropriate techniques for dealing with...
• Section 26:2m-14 - Report
  The commissioner shall report to the Governor and the Legislature one year after the effective date of this act on the grant programs established...
• Section 26:2m-15 - Rules, Regulations
  The commissioner shall, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations necessary to implement...
• Section 26:2m-16 - Findings, Declarations Relative To Alzheimer's Disease.
  1.The Legislature finds and declares that: a.Alzheimer's disease is a progressive, degenerative, and irreversible neurological disease. It is one of a group of dementias...
• Section 26:2m-17 - New Jersey Alzheimer's Disease Study Commission.
  2. a. There is established the New Jersey Alzheimer's Disease Study Commission in the Department of Human Services. b.The commission shall consist of 15...
• Section 26:2m-18 - Duty Of The Commission.
  3.It shall be the duty of the commission to: a.study the current impact and incidence of Alzheimer's disease among State residents, and make projections...
• Section 26:2m-19 - Hearings, Report, Recommendations.
  4.The commission may meet and hold hearings at such places and times as it shall designate, and shall report its findings and recommendations to...
• Section 26:2n-1 - Definitions
  For the purposes of this act: a. "Commissioner" means the Commissioner of Health. b. "Department" means the State Department of Health. c. "Health care...
• Section 26:2n-2 - Pertussis Immunization Pamphlet.
  2.The commissioner shall prepare and make available to all health care providers in the State and parents and guardians, upon request, a pamphlet which...
• Section 26:2n-3 - Distribution To Parents
  Prior to administering a pertussis vaccine to a child in this State, a health care provider shall give the child's parent or guardian a...
• Section 26:2n-4 - Contraindication Exemption
  A child shall not be required to receive a pertussis vaccine as a condition for admission to a public or private school if the...
• Section 26:2n-5 - Health Record
  a. Upon administering a pertussis vaccine to a child in this State, a health care provider shall record and retain as part of the...
• Section 26:2n-6 - Reporting Of Major Adverse Reactions
  a. If the health care provider has reason to believe that the recipient of the pertussis vaccine has had a major adverse reaction, the...
• Section 26:2n-7 - Report To Center For Disease Control
  The commissioner shall periodically report information received regarding major adverse reactions to the United States Center for Disease ControL. L. 1986, c. 134, s.
• Section 26:2n-7.1 - Informational Literature On Pertussis Vaccine For Adults Provided To Hospitals, Birthing Centers.
  1. a. The Commissioner of Health shall prepare and make available to each hospital and birthing facility in the State informational literature on the...
• Section 26:2n-7.2 - Rules, Regulations.
  2.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...
• Section 26:2n-8 - Definitions Relative To Vaccinations.
  1.As used in this act: "Antibody titer" means a test to measure the presence and amount of antibodies in a blood sample against a...
• Section 26:2n-9 - Administration Of Antibody Titer Prior To Second Dose Of Mmr Vaccine.
  2. a. Prior to administering a second dose of the measles-mumps-rubella (MMR) vaccine to a child, a health care provider may give the child's...
• Section 26:2n-10 - Pamphlet Explaining Nature, Purpose Of Mmr Vaccine And Anti-body Titer.
  3.The Commissioner of Health shall prepare and make available to all health care providers in the State a pamphlet that explains the nature and...
• Section 26:2n-11 - Rules, Regulations.
  4.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.), necessary to carry out...
• Section 26:2o-1 - Findings, Declarations
  The Legislature finds and declares that: a. It is estimated that about 5% of the population carries the cystic fibrosis gene, which currently cannot...
• Section 26:2o-2 - Program Of Financial Assistance To Persons With Cystic Fibrosis
  The Commissioner of Health shall establish a program of financial assistance for persons with cystic fibrosis to meet the expenses of: supplemental, nutritious foods;...
• Section 26:2o-3 - Eligibility For Financial Assistance
  3. a. A person with cystic fibrosis is eligible for assistance under this act for the purchase of supplemental, nutritious foods and prescription drugs...
• Section 26:2o-4 - Rules, Regulations
  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...
• Section 26:2p-1 - Findings, Declarations
  1. The Legislature finds and declares that: a. Lyme disease is a bacterial infection which is spread by certain ticks, and is one of...
• Section 26:2p-2 - Governor's Lyme Disease Advisory Council
  2. There is created a 13-member "Governor's Lyme Disease Advisory Council." The council shall consist of: the Commissioners of the Departments of Environmental Protection,...
• Section 26:2p-3 - Purpose Of Council
  3. The council shall advise the Governor regarding the prevention, detection, occurrence, diagnosis, treatment and cure of Lyme disease, and shall establish a mechanism...
• Section 26:2p-4 - Organization Of Council, Meetings
  4. The council shall organize as soon after the appointment of its members as is practicable. A majority of the council members shall elect...
• Section 26:2p-5 - Assistance To Council From Government Entities
  5. The council is entitled to call to its assistance and avail itself of the services of any State, county or municipal department, board,...
• Section 26:2p-6 - Annual Report
  6. The council shall submit an annual report to the Governor and the Legislature by March 1 of each year. L.1991,c.277,s.6.
• Section 26:2p-7 - Designation Of Commission, Agency To Coordinate Pest Management
  2. The Board of Chosen Freeholders of a county may designate any county mosquito commission or other agency or any combination thereof to provide...
• Section 26:2q-1 - Findings, Declarations
  1. The Legislature finds and declares that: Lead poisoning is the most prevalent environmental health problem facing children in New Jersey today; the Department...
• Section 26:2q-2 - Definitions.
  2.As used in sections 1 through 12 of P.L.1993, c.288 (C.26:2Q-1 through C.26:2Q-12): "Commissioner" means the Commissioner of Health. "Department" means the Department of...
• Section 26:2q-3 - Certification Required For Performance Of Lead Evaluation, Abatement Work.
  3. a. A person shall not perform a lead evaluation or lead abatement work unless the person is certified by the department pursuant to...
• Section 26:2q-4 - Development, Offering, Accreditation Of Training Courses
  4. a. The department shall develop, offer, or accredit training courses which shall be required for certification. These training courses shall include instruction in...
• Section 26:2q-5 - Denial, Suspension, Conditions Upon, Revocation, Refusal To Renew Certification
  5. a. The department may deny, suspend, impose conditions upon, revoke, or refuse to renew a certification for good cause, including but not limited...
• Section 26:2q-6 - Civil Actions For Injunctive Relief To Enforce, Prevent Violations
  6. If the department has reason to believe that a person who: is not certified pursuant to section 3 of P.L.1993, c.288 (C.26:2Q-3) is...
• Section 26:2q-7 - Violators Guilty Of Disorderly Persons Offense
  7. A person who knowingly or purposely: a. hinders or delays the department in the enforcement of sections 1 through 12 of P.L.1993, c.288...
• Section 26:2q-8 - Administrative Civil Penalty; Violation Defined
  8. As an alternative, or in addition to the provisions of section 7 of P.L.1993, c.288 (C.26:2Q-7), the commissioner may, subject to notice and...
• Section 26:2q-9 - Assessment Of Fees
  9. The department shall assess fees from persons for certification and recertification and from training providers for any training course or continuing education course...
• Section 26:2q-10 - Nonapplicability Of Act
  10. The provisions of sections 1 through 12 of P.L.1993, c.288 (C.26:2Q-1 through C.26:2Q-12) shall not apply to a property owner who personally performs...
• Section 26:2q-11 - Enforcement By Commissioner, Representative
  11. Sections 1 through 12 of P.L.1993, c.288 (C.26:2Q-1 through C.26:2Q-12) shall be enforced by the commissioner or his representative, who shall have the...
• Section 26:2q-12 - Rules, Regulations
  12. The department, in consultation with the Department of Community Affairs, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410...
• Section 26:2r-1 - Short Title.
  1. This act shall be known and may be cited as the "Osteoporosis Prevention and Education Program Act." L.1997,c.191,s.1.
• Section 26:2r-2 - Definitions Relative To "Osteoporosis Prevention And Education Program Act."
  2.As used in this act: "Commissioner" means the Commissioner of Human Services. "Council" means the Interagency Council on Osteoporosis established pursuant to this act....
• Section 26:2r-3 - Establishment Of Osteoporosis Prevention And Education Program.
  3. a. The Commissioner of Human Services shall establish an osteoporosis prevention and education program in the Department of Human Services. The purpose of...
• Section 26:2r-3.1 - Preparation, Distribution Of Informational Pamphlet On Osteoporosis.
  1.The Department of Human Services shall prepare an informational pamphlet which describes the causes and nature of osteoporosis as well as methods which may...
• Section 26:2r-4 - Establishment Of Interagency Council On Osteoporosis.
  4.There is established an Interagency Council on Osteoporosis in the department to advise the commissioner on the development and implementation of the program. The...
• Section 26:2r-5 - Report To Governor, Legislature.
  5. The commissioner shall report to the Governor and the Legislature no later than 18 months after the effective date of this act, and...
• Section 26:2r-6 - 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 to effectuate the purposes of...
• Section 26:2rr-1 - Short Title.
  1.This act shall be known and may be cited as the "Parkinson's Disease Public Awareness and Education Act." L.2014, c.76, s.1.
• Section 26:2rr-2 - Findings, Declarations Relative To Parkinson's Disease.
  2.The Legislature finds and declares that: a.Parkinson's disease is a debilitating, painful, and incurable neurological disorder of unknown origin that disrupts and can end...
• Section 26:2rr-3 - Definitions Relative To Parkinson's Disease.
  3.As used in this act: "Commissioner" means the Commissioner of Health. "Department" means the Department of Health. "Program" means the Parkinson's disease public awareness...
• Section 26:2rr-4 - Parkinson's Disease Public Awareness And Education Program.
  4.The Commissioner of Health, subject to available appropriations, shall establish a Parkinson's disease public awareness and education program. a.The purpose of the program shall...
• Section 26:2rr-5 - Dissemination Of Information Relative To Parkinson's Disease.
  5.The department, in consultation with the New Jersey Chapter of the American Parkinson Disease Association and the Movement Disorders Center at the Robert Wood...
• Section 26:2rr-6 - Rules, Regulations.
  6.The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt rules and regulations to effectuate the purposes...
• Section 26:2s-1 - Short Title
  1. This act shall be known and may be cited as the "Health Care Quality Act." L.1997,c.192,s.1.
• Section 26:2s-2 - Definitions Relative To Health Care Quality.
  2.As used in sections 2 through 19 of this act: "Behavioral health care services" means procedures or services rendered by a health care provider...
• Section 26:2s-3 - Form To Be Filed By Carrier; Minimum Information Required
  3. a. A carrier which offers a health benefits plan to residents of this State on the effective date of this act, shall file...
• Section 26:2s-4 - Disclosure Of Terms And Conditions In Writing To Subscriber.
  4.A carrier shall disclose in writing to a subscriber, in a manner consistent with the "Life and Health Insurance Policy Language Simplification Act," P.L.1979,...
• Section 26:2s-5 - Additional Disclosure Requirements.
  5. a. In addition to the disclosure requirements provided in section 4 of this act, a carrier which offers a managed care plan shall...
• Section 26:2s-6 - Designation Of Licensed Physician As Medical Director For Managed Care
  6. a. A carrier which offers a managed care plan or uses a utilization management system in any of its health benefits plans shall...
• Section 26:2s-6.1 - Managed Care Plan To Pay Full Contractual Rate To Out-of-network Provider, Direct Payments, Certain Circumstances.
  2. a. With respect to a carrier which offers a managed care plan that provides for both in-network and out-of-network benefits, in the event...
• Section 26:2s-7 - Review Of Application For Participation
  7. Each application for participation by a licensed health care professional that is submitted to a carrier which offers a managed care plan shall...
• Section 26:2s-7.1 - Universal Application For Credentialing Physicians For A Carrier's Provider Network.
  1.The Commissioner of Banking and Insurance, in consultation with the New Jersey Association of Health Plans, the Health Insurance Association of America, the Medical...
• Section 26:2s-7.2 - Acceptance Of Application By Carriers
  2.Within 180 days of the adoption of the forms by regulation pursuant to this act, a carrier which offers a managed care plan shall...
• Section 26:2s-7.3 - Rules, Regulations.
  3.The Commissioner of Banking and Insurance shall adopt regulations within 180 days of the date of enactment of this act, pursuant to the "Administrative...
• Section 26:2s-8 - Establishment Of Policy Governing Removal Of Health Care Providers
  8. A carrier which offers a managed care plan shall establish a policy governing removal of health care providers from the provider network which...
• Section 26:2s-9 - Contract Terms Concerning Appropriate Medical Care
  9. The contract between a participating health care provider and a carrier which offers a managed care plan: a. Shall state that the health...
• Section 26:2s-9.1 - Managed Care Plan, Continuing Treatment Of Certain Patients By Physician No Longer Employed By Plan; Required.
  1. a. Notwithstanding the provisions of any law to the contrary, a carrier which offers a managed care plan shall provide in that plan...
• Section 26:2s-9.2 - Written Fee Schedule Information Furnished To Health Care Providers, Proprietary Information.
  1. a. A carrier which offers a managed care plan that negotiates with a health care provider to become a participating provider, who is...
• Section 26:2s-9.3 - Violations, Penalty.
  2.A carrier which violates any provision of this act shall be liable to a penalty of not more than $1,000 for each violation. Each...
• Section 26:2s-10 - Offer Of Point-of-service Plan, Terms
  10. a. A carrier which offers a managed care plan shall offer a point-of-service plan to every contract holder which would allow a covered...
• Section 26:2s-10.1 - Home Treatment For Bleeding Episodes Associated With Hemophilia, Required Coverage.
  1.A carrier which offers a managed care plan that provides benefits or health care services, as applicable, for the home treatment of bleeding episodes...
• Section 26:2s-10.2 - Clinical Laboratory Services At Outpatient Regional Hemophilia Care Center, Required Coverage
  2.A carrier which offers a managed care plan shall provide payment for services to the clinical laboratory at a hospital with a State-designated outpatient...
• Section 26:2s-10.3 - Regulations By Department.
  11.The Department of Banking and Insurance, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt regulations to carry out the...
• Section 26:2s-11 - Independent Health Care Appeals Program.
  11.There is established the Independent Health Care Appeals Program in the department. The purpose of the appeals program is to provide an independent medical...
• Section 26:2s-12 - Contract To Conduct Appeal Reviews; Procedures.
  12. a. The commissioner shall contract with one or more independent utilization review organizations in the State that meet the requirements of this act...
• Section 26:2s-13 - Immunity From Civil Liability For Participants In Independent Health Care Appeals Program
  13. a. An employee of the department who participates in the Independent Health Care Appeals Program shall not be liable in any action for...
• Section 26:2s-14 - Report To Legislature, Governor
  14. The commissioner shall report every six months to the Senate and General Assembly standing reference committees on health and insurance and to the...
• Section 26:2s-14.1 - General Hospital To Provide Information Concerning The Independent Health Care Appeals Program.
  1.A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall be required, as prescribed by regulation of the Commissioner of Health, to:...
• Section 26:2s-14.2 - Size, Content, Format Of Notice.
  3.The Commissioner of Banking and Insurance, in consultation with the Commissioner of Health and the State Board of Medical Examiners, shall prescribe the size,...
• Section 26:2s-14.3 - Rules, Regulations.
  4.The Commissioner of Health and the State Board of Medical Examiners, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and in...
• Section 26:2s-15 - Compliance With Department Reporting Requirements
  15. a. A carrier which offers a managed care plan shall comply with department reporting requirements with respect to quality outcomes measures of health...
• Section 26:2s-15.1 - Annual Report To Carrier By Managed Behavioral Health Care Organization.
  4. a. A carrier that owns, wholly or in part, or contracts with a managed behavioral health care organization shall require the managed behavioral...
• Section 26:2s-16 - Violations, Penalties
  16. a. A carrier that violates any provision of this act shall be liable to a civil penalty of not less than $250 and...
• Section 26:2s-17 - Recommendations For Legislative Action
  17. The commissioner and the Commissioner of Banking and Insurance shall develop recommendations for legislative action to address the issue of regulating health care...
• Section 26:2s-18 - Enforcement; Rules, Regulations
  19. The commissioner shall enforce the provisions of this act. Within six months of the effective date of this act, in consultation with the...
• Section 26:2s-19 - Findings, Declarations Relative To Managed Health Care Consumer Assistance Program
  1.The Legislature finds and declares that: a.Managed health care, regardless of the form it takes, is now a major vehicle for the delivery of...
• Section 26:2s-20 - Definitions Relative To Managed Health Care Consumer Assistance Program.
  2.As used in this act: "Carrier" means a carrier as defined in section 2 of P.L.1997, c.192 (C.26:2S-2). "Commissioner" means the Commissioner of Banking...
• Section 26:2s-21 - Managed Health Care Consumer Assistance Program.
  3. a. There is established the Managed Health Care Consumer Assistance Program in the Department of Banking and Insurance. The commissioner shall make agreements...
• Section 26:2s-22 - Report To Governor, Legislature
  4.The commissioner shall report to the Governor and the Legislature, no later than 18 months after the effective date of this act and annually...
• Section 26:2s-23 - Immunity From Liability
  5.An employee, volunteer, board member or other representative of an organization selected by the commissioner pursuant to section 3 of this act shall be...
• Section 26:2s-24 - Appropriations; Fees, Use
  6. a. There is appropriated $500,000 to the department from the General Fund to provide funding for the program, except that funds may be...
• Section 26:2s-25 - Rules, Regulations.
  8.The Commissioner of Banking and Insurance, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate...
• Section 26:2s-26 - Definitions Relative To Certain Dental Benefit Plans.
  1.As used in this act: "Carrier" means an insurance company, health service corporation, hospital service corporation, medical service corporation, dental service corporation, dental plan...
• Section 26:2s-27 - Covered Services.
  2.Notwithstanding section 22 of P.L.1993, c.162 (C.17B:27A-54) or any other law or regulation to the contrary, a contract between a carrier and a dentist...
• Section 26:2s-28 - Rules, Regulations.
  3.The Commissioner of Banking and Insurance shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to...
• Section 26:2t-1 - Newly Diagnosed Hepatitis C Cases; Information, Reports.
  1.The Commissioner of Health shall provide for the inclusion of all newly diagnosed cases of hepatitis C among those communicable diseases which are required...
• Section 26:2t-2 - Written Guidance For Screening.
  2.The Commissioner of Health shall provide written guidance regarding screening for the hepatitis C virus to licensed physicians and public health officers which reflects...
• Section 26:2t-3 - Provision Of Information Materials To Physicians, Public Health Officers.
  3.The Commissioner of Health shall make available to licensed physicians and public health officers, in printed and electronic format, hepatitis C education and prevention...
• Section 26:2t-4 - 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...
• Section 26:2t-5 - Findings, Declarations Relative To Hepatitis C.
  1.The Legislature finds and declares that: a.Hepatitis C is a silent killer, being largely asymptomatic until irreversible liver damage may have occurred; b.Hepatitis C...
• Section 26:2t-6 - Definitions Relative To Hepatitis C.
  2.As used in this act: "Commissioner" means the Commissioner of Health. "HCV" means the hepatitis C virus. "Program" means the hepatitis C education, prevention,...
• Section 26:2t-7 - Hepatitis C Education, Prevention And Screening Program.
  3.In consultation with the hepatitis C advisory board established pursuant to section 4 of this act, the Commissioner of Health shall establish a hepatitis...
• Section 26:2t-8 - Hepatitis C Advisory Board.
  4. a. The commissioner shall establish a hepatitis C advisory board to provide advice and recommendations to the commissioner on, and to monitor, the...
• Section 26:2t-9 - Annual Report To Governor, Legislature.
  5.The commissioner, in consultation with the hepatitis C advisory board, shall report to the Governor and the Legislature, no later than 12 months after...
• Section 26:2u-1 - Chronic Fatigue Syndrome Resources Network Established.
  1.The Commissioner of Health shall establish a Statewide network of resources to provide the following services to persons with chronic fatigue syndrome, also known...
• Section 26:2u-2 - Informational Manual; Preparation, Availability.
  2.The Department of Health, in consultation with the New Jersey Chronic Fatigue Syndrome Association, Inc., and the Academy of Medicine of New Jersey, shall...
• Section 26:2u-3 - Rules, Regulations.
  3.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...
• Section 26:2w-1 - Cancer Awareness Education And Research Program.
  1.The Commissioner of Health shall establish a Cancer Awareness, Education and Research Program to provide the following: support for cancer medical research; physician education...
• Section 26:2w-2 - Rules, Regulations.
  2.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...
• Section 26:2w-3 - Breast Cancer Public Awareness Campaign.
  1. a. The Commissioner of Health shall establish a breast cancer public awareness campaign, as a component of the Cancer Awareness, Education and Research...
• Section 26:2x-1 - Public Awareness Campaign Relative To Meningitis.
  1.The Commissioner of Health shall establish a public awareness campaign to inform the general public about the clinical significance of meningitis and its public...
• Section 26:2x-2 - Rules, Regulations.
  3.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...
• Section 26:2x-3 - Development Of Educational Fact Sheet Concerning Meningococcal Meningitis.
  1.The Commissioner of Health, in consultation with the Commissioner of Education, shall develop an educational fact sheet concerning meningococcal meningitis for distribution to parents...
• Section 26:2y-1 - Short Title.
  1.This act shall be known and may be cited as the "New Jersey Adult Family Care Act." L.2001,c.304,s.1.
• Section 26:2y-2 - Findings, Declarations Relative To Adult Family Care.
  2.The Legislature finds and declares that: a.In the absence of appropriate housing with supportive services, many elders or people with physical disabilities are often...
• Section 26:2y-3 - Definitions Relative To Adult Family Care.
  3.As used in this act: "Activities of daily living" or "ADL" means functions and tasks for self-care which are performed either independently or with...
• Section 26:2y-4 - Licensing Required For Operation Of Adult Family Care Home.
  4. a. No person may operate an adult family care home unless the person is licensed as an adult family care caregiver in accordance...
• Section 26:2y-5 - Criminal History Record Background Check For Applicants For Licensure As Adult Family Caregiver.
  5. a. The department shall establish a program to check the criminal history record background of any applicant for licensure as an adult family...
• Section 26:2y-6 - Licensure Required For Adult Family Care Sponsor Agency.
  6. a. No person, firm, partnership, corporation, limited liability company or association may operate, conduct or hold itself out to the public as an...
• Section 26:2y-7 - Regulation Of Family Care Home.
  7. a. An adult family care home shall be regulated as a residential home and shall meet all State and local building, sanitation, utility...
• Section 26:2y-8 - Regulations To Establish Minimum Standards.
  8.The commissioner shall by regulation establish minimum standards to ensure the health, safety and well-being of each client of the adult family care home,...
• Section 26:2y-9 - Violations, Penalties.
  9. a. A person, firm, partnership, corporation, limited liability company or association that operates or conducts an adult family care home or adult family...
• Section 26:2y-10 - Rights Of Client Of Adult Family Care Home.
  10. a. A client of an adult family care home may not be deprived of any civil or legal rights, benefits or privileges guaranteed...
• Section 26:2y-11 - Rules, Regulations.
  13.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...
• Section 26:2z-1 - Findings, Declarations Relative To Human Stem Cell Research.
  1.The Legislature finds and declares that: a.An estimated 128 million Americans suffer from the crippling economic and psychological burden of chronic, degenerative and acute...
• Section 26:2z-2 - Public Policy Relative To Derivation, Use Of Certain Cells Of Humans.
  2. a. It is the public policy of this State that research involving the derivation and use of human embryonic stem cells, human embryonic...
• Section 26:2mm-1 - Findings, Declarations Relative To Elderly Person Suicide Prevention.
  1.The Legislature finds and declares that: a.According to the National Institute of Mental Health, elderly Americans are disproportionately likely to die by suicide; individuals...
• Section 26:2mm-2 - Definitions Relative To Elderly Person Suicide Prevention.
  2.As used in this act: "Alcohol and drug counselor" means a person who is a certified alcohol and drug counselor or a licensed clinical...
• Section 26:2mm-3 - New Jersey Elderly Person Suicide Prevention Advisory Council.
  3.There is established in the Department of Human Services the New Jersey Elderly Person Suicide Prevention Advisory Council. a.The purpose of the council shall...
• Section 26:2mm-4 - Annual Report.
  4. a. The council shall report annually to the department on the needs of and services for elderly persons at risk of suicide and...
• Section 26:2nn-1 - "Law Enforcement Officer Crisis Intervention Services" Telephone Hotline.
  115. a. The Department of Human Services shall maintain a toll-free information "Law Enforcement Officer Crisis Intervention Services" telephone hotline on a 24-hour basis....
• Section 26:2nn-2 - List Of Counseling Resources Available To Law Enforcement, Sheriff's Officers.
  116. The Commissioner of Human Services shall prepare a list of appropriately licensed or certified psychiatrists, psychologists, and social workers; other appropriately trained and...
• Section 26:3-1 - Establishment Of Local Board
  There shall be a board of health in every municipality in this state, which board shall consist of members appointed or designated, or both,...
• Section 26:3-2 - Rules And Regulations
  A local board may adopt rules, regulations or ordinances for its government and that of its officers and employees not inconsistent with law or...
• Section 26:3-3 - Composition Of Local Board.
  26:3-3. The local board in every municipality, other than a township, which is subject to the provisions of subdivision C of this article, shall...
• Section 26:3-4 - Qualification Of Members In Cities Of First Class
  In a city of the first class, only citizens of the city shall be eligible to appointment on the local board; not more than...
• Section 26:3-5 - Appointment Of Members
  The members of the local board in every municipality, other than a township which is subject to the provisions of subdivision C of this...
• Section 26:3-6 - Term Of Members
  The members of the local board in every municipality, other than a township, which is subject to the provisions of subdivision C of this...
• Section 26:3-7 - Vacancy On Board
  If any vacancy shall occur on the local board of any municipality, other than a township which is subject to the provisions of subdivision...
• Section 26:3-8 - Compensation Of Board Members In Cities Of First Class
  The members of the local board in a city of the first class shall receive no compensation for their services as members of the
• Section 26:3-8.1 - Secretary To Board In Certain Cities
  The boards of health of any city in second class counties now or hereafter having a population of not less than one hundred and...
• Section 26:3-9 - Composition Of Local Board In Townships Of 20,000 Or Less.
  26:3-9. a. The local board in every township having a population of not more than 20,000 inhabitants may be composed of the members of...
• Section 26:3-10 - Composition Of Local Board In Townships Of More Than 20,000.
  26:3-10. The local board in every township having a population of more than twenty thousand inhabitants shall be composed of not less than five...
• Section 26:3-11 - Territorial Jurisdiction Of Local Board
  In any township within whose limits any other form of local municipal government exists, the jurisdiction of the local board of the township shall...
• Section 26:3-12 - Meetings Of Board
  The local board in every township, which is subject to the provisions of this subdivision of this article, shall appoint, on the day of...
• Section 26:3-13 - Compensation Of Board Members
  For attendance on meetings of the board, members of a township board, which is subject to the provisions of this subdivision of this article,...
• Section 26:3-14 - Vacancy In Office Of Physician Member
  If a township committee in a township having a population of not more than twenty thousand inhabitants, which is subject to the provisions of...
• Section 26:3-15 - Vacancy In Office Of Assessor Member
  In a township having a population of not more than twenty thousand inhabitants, which is subject to the provisions of this subdivision of this...
• Section 26:3-16 - Vacancy In Township Of Over 20,000
  If a vacancy shall occur in the board of any township having a population of more than twenty thousand inhabitants, which is subject to...
• Section 26:3-18.1 - "Public Health Laboratory Technician" Defined
  As used in this act, "public health laboratory technician" applies to every officer appointed by a board of health to perform bacteriological, serological, chemical...
• Section 26:3-19 - Employees Of Local Board
  26:3-19. The local board may employ such personnel as it may deem necessary, to carry into effect the powers vested in it. It shall...
• Section 26:3-19.1 - Civil Service Status Of Employees Of Local Board Of Health.
  1.All health officers, registered environmental health specialists and other persons selected to fill available positions in a local board of health in any municipality,...
• Section 26:3-19.2 - Incumbent Plumbing Inspectors; Placing In Classified Service Without Examination
  Any person holding the position or employment of plumbing inspector under any local board of health of any municipality, which has adopted the provisions...
• Section 26:3-20 - License Necessary For Appointment.
  26:3-20. No local board shall appoint any person to a position for which a license is required under section 41 of P.L.1947, c.177 (C.26:1A-41)...
• Section 26:3-20.1 - Violations By Local Board In Appointments; Injunction
  Whenever any local board shall violate any of the provisions of section 26:3-20 of this Title, the department may institute an action in the...
• Section 26:3-21 - Licensee Eligible For Appointment.
  26:3-21. Any holder of a license required under section 41 of P.L.1947, c.177 (C.26:1A-41) shall be eligible to appointment to the position for which...
• Section 26:3-22 - Joint Health Officer, Registered Environmental Health Specialists.
  26:3-22. Local boards of health of two or more adjacent municipalities may join in employing a health officer and one or more registered environmental...
• Section 26:3-23 - Registered Environmental Health Specialist For Township.
  26:3-23. If in any township sufficient environmental inspection is not secured, the State department may, on notice to the local board, require the appointment...
• Section 26:3-24 - Registered Environmental Health Specialist In Municipality Of Over 2,000.
  26:3-24. In every municipality containing a population of 2,000 inhabitants or more, there shall be at least one registered environmental health specialist appointed by...
• Section 26:3-25.1 - Receipt Of Maximum Salary.
  5.Every person holding a license issued under section 41 of P.L.1947, c.177 (C.26:1A-41), who is employed in a position for which this license is...
• Section 26:3-26 - Removal Of Licensed Health Officers; Necessity Of Public Hearing
  No health officer, inspector or employee holding a license issued in the name of the State Department of Health, after five years' consecutive service...
• Section 26:3-27 - Removal Of Health Officer.
  26:3-27. The local board or regional health commission, not operating under the provisions of Title 11A, Civil Service, of the New Jersey Statutes, employing...
• Section 26:3-29 - Representative At Health Officers' Association
  A local board employing a health officer shall defray his necessary expenses in attending the regular meetings of the health officers' association of New
• Section 26:3-30 - Representative At Health Convention
  A local board in cities of the second class may appoint and send its health officer to any medical convention meeting for the purpose...
• Section 26:3-31 - Public Health Regulations.
  26:3-31. The local board of health shall have power to pass, alter or amend ordinances and make rules and regulations in regard to the...
• Section 26:3-31.1 - Plumbing, Ventilation And Drainage Of Buildings And Connection With Sewers, Cesspools, Etc.; Ordinances Regulating
  Local boards of health may enact, amend or supplement ordinances to establish, amend or supplement rules and regulations affecting the installation, maintenance, repair and...
• Section 26:3-31.2 - Publication Of Rules And Regulations Not Required; Filing Printed Copies
  It shall not be necessary to publish any such rules and regulations, so to be adopted, as part of said ordinance, notwithstanding that a...
• Section 26:3-31.3 - Proof Of Ordinance
  For the purpose of proof of any such ordinance or the receipt thereof in evidence in all courts and places, such copy of said...
• Section 26:3-31.4 - Short Title
  This act shall be known and may be cited as "The Emergency Fuel Oil Delivery Act." L.1980, c. 170, s. 1, eff. Dec. 18,
• Section 26:3-31.5 - Local Health Officer To Act As Agent Of Landlord In Engaging Fuel Oil Dealer; Conditions
  The governing body of any municipality may provide, by ordinance, that the local health officer or other officer designated in the ordinance shall, whenever...
• Section 26:3-31.6 - Billing To Landlord Or Municipality For Delivery Of Fuel Oil And Refiring Of Burner
  Any fuel oil dealer who delivers fuel oil or refires the burner in accordance with section 2 of this act may bill the landlord...
• Section 26:3-31.7 - Liability Of Landlord Or Agent Due To Negligence; Penalty Enforcement
  4. Any landlord or his agent whose negligence or failure to act results in municipal action pursuant to section 2 of this act shall...
• Section 26:3-31.8 - Penalty Enforcement Proceeding; Reimbursements; Injunction; Collection Of Reimbursements
  In any penalty enforcement proceeding brought pursuant to this act the court shall also order the landlord or his agent to reimburse the municipality...
• Section 26:3-31.9 - Immunity Of Municipality Or Its Employees In Enforcing Act; Exception
  No municipality or its employees shall be liable for any damages to any person or property in enforcing this act except for the gross...
• Section 26:3-31.10 - Application Of Law
  The provisions of this act shall not apply to owner-occupied residential rental properties containing five units or less. L.1980, c. 170, s. 7, eff....
• Section 26:3-32 - Granting Of Licenses And Permits In Cities Over 80,000
  Local boards of health in cities having a population of more than 80,000 inhabitants may grant and regulate licenses and permits incident to health...
• Section 26:3-33 - Sanitation, Plumbing, Ventilation And Drainage Of Buildings
  Local boards of health may within their respective jurisdictions: a. Secure the sanitary condition of every building, public or private. b. Compel, prescribe, regulate...
• Section 26:3-34 - Delegation Of Powers To Members Or Officers Of Board
  The local board of health in any municipality, except townships other than densely populated townships having a public water supply, may delegate by resolution...
• Section 26:3-35 - Annual Report To Director
  The local board of health, on or before the fifteenth day of February in each year, in addition to other reports required, shall prepare...
• Section 26:3-36 - Fee For Preparing Report
  The person performing the clerical work necessary in the preparation of the annual report required by section 26:3-35 of this title, upon receiving a...
• Section 26:3-37 - Appropriation For Dispensaries
  The body having charge of the finances of any city of the first class may by resolution, approved by the mayor, appropriate and set...
• Section 26:3-38 - Establishment And Control; Annual Expenses
  The local board having charge of the public health in any city of the first class, provided the body having charge of the finances...
• Section 26:3-39 - Annual Reports
  The local board having charge of such dispensary shall annually make report of its transactions and accounts, and of the state and condition of...
• Section 26:3-40 - Visiting Nurses; Appointment; Salaries
  The local board having charge of the public health in any city of the first class may appoint and designate nurses, who shall be...
• Section 26:3-41 - Estimate Of Township Appropriation Necessary For Health Purposes; Appropriation
  The local board of health of each township shall each year, before the budget of municipal taxes to be levied for the year shall...
• Section 26:3-42 - Payment Of Township Health Bills
  Every expenditure of money shall be presented by an itemized bill, approved by the president and secretary of the local board, to the usual...
• Section 26:3-43 - Estimate Of Appropriation By Municipality Necessary For Health Purposes; Appropriation
  The local board of health of every municipality other than a township, shall each year, before the budget of municipal taxes to be levied...
• Section 26:3-44 - Additional Appropriations In Case Of Epidemics; Borrowing Money
  Whenever an epidemic of any contagious or infectious disease exists or is threatened, or any special need arises for the protection of the public...
• Section 26:3-45 - Power To Define Nuisance
  The local board may pass, alter or amend ordinances and make rules and regulations to declare and define what shall constitute a nuisance in...
• Section 26:3-46 - Abatement Of Nuisances
  The local board, within its jurisdiction, shall examine into and prohibit any nuisance, offensive matter, foul or noxious odors, gases or vapors, water in...
• Section 26:3-47 - Abatement Without Ordinance
  The power given to the local board to remove and abate nuisances, sources of foulness, or causes of sickness hazardous to the public health,...
• Section 26:3-48 - Nuisance On Public Property; Notice
  Whenever a nuisance, noxious odors, gases or vapors, water in which mosquito larvae breed, or cause of ill health or disease is found on...
• Section 26:3-49 - Nuisance On Private Property; Notice
  Whenever any nuisance, noxious gases or vapors, water in which mosquito larvae breed, or cause of ill health or disease is found on private...
• Section 26:3-50 - Failure To Comply With Notice; Abatement
  If the owner when notified, as provided in section 26:3-49 of this title, shall not comply with the notice or order of the local...
• Section 26:3-51 - Restraining Proceedings Of Board
  No injunction shall issue out of any of the courts of this state to stay, stop, or enjoin proceedings, or to prevent any local...
• Section 26:3-52 - Suits Against Board For Damages
  No suit shall be maintained in any of the courts of this state to recover damages against any local board, its officers or agents,...
• Section 26:3-53 - Notice To Remove, Abate Nuisance.
  26:3-53. A notice by any health officer or registered environmental health specialist to remove and abate any nuisance shall be taken as a notice...
• Section 26:3-54 - Expenses Of Abatement; Recovery
  The local board may recover, by a civil action, the expenses incurred in such removal and abatement from any person who shall have caused...
• Section 26:3-55 - Payment Of Expenses By Local Authorities
  In case the local board fails to recover an amount sufficient to defray such expenses or shall deem it inexpedient to bring action, it...
• Section 26:3-56 - Action For Injunctive Relief
  The local board, instead of proceeding in a summary way to abate a nuisance hazardous to the public health, may institute an action in...
• Section 26:3-57 - Injunctive Relief; Costs
  The court may charge the costs of the action upon the property whereon the nuisance is found, and enforce the payment of the same...
• Section 26:3-58 - Liability Of Local Board For Costs
  In case no such nuisance shall be found to exist, costs shall be awarded against the local board which caused the action to be...
• Section 26:3-59 - Search Warrants
  26:3-59. The Superior Court or any municipal court may issue a warrant to search for any nuisance affecting health. Such warrant may be issued...
• Section 26:3-60 - Cause For Issuance Of Warrant
  A warrant as described in section 26:3-59 of this title shall direct the officer to search in such dwelling house, store, stable, or other...
• Section 26:3-61 - Abatement Under Warrant
  If a nuisance is found, the officer shall remove and abate it; and if a person affected with a contagious or infectious disease is...
• Section 26:3-62 - Return Of Warrant
  The officer to whom the search warrant shall be directed shall make return of his proceedings thereunder to the court issuing the warrant. Amended...
• Section 26:3-63 - Officers Required To Assist In Execution Of Warrant
  The sheriff of the county and any constable, marshal, or police officer of any county or municipality shall, if required by any officer to...
• Section 26:3-64 - Ordinance- And Rule-making Power
  The local board of health may enact and amend health ordinances, and make and alter necessary rules and regulations in the execution of any...
• Section 26:3-65 - Form Of Enactment Of Ordinances
  In the enactment of health ordinances the local board may adopt the ordinances either in the form of a code or each ordinance may...
• Section 26:3-66 - Procedure In Enactment Of Health Ordinance Code
  26:3-66. No health ordinance or code shall be finally adopted unless it shall have been: a. Given a first reading, which first reading may...
• Section 26:3-67 - Publication Of Summary Of Health Ordinance, Code, Title
  26:3-67. Before any health ordinance or code shall take effect, a summary of the ordinance or code, or its title, shall be published at...
• Section 26:3-68 - Amendment Or Repeal Of Ordinance
  The local board may amend or repeal any provision of a health ordinance or code, such amendment to be passed and amended in the...
• Section 26:3-69 - Date Of Effectiveness Of Ordinance
  Every health ordinance, code, amendment, or repealer shall take effect in thirty days after the date of the first publication.
• Section 26:3-69.1 - Definitions
  As used in this act, unless the context otherwise requires: (1) "Local board of health" shall mean a county or municipal board of health,...
• Section 26:3-69.2 - Adopting Certain Codes And Related Documents By Reference
  Any local board of health may enact, amend or supplement ordinances establishing, amending or supplementing a code or any parts thereof by reference to...
• Section 26:3-69.3 - Publication Of Adopted Code Or Related Documents Unnecessary
  It shall not be necessary to publish any such code or related documents, so to be adopted, as part of any such ordinance notwithstanding...
• Section 26:3-69.4 - Copies Of Adopted Code And Related Ordinances To Remain On File
  In event that any such ordinance is adopted, the said copies of said code and related documents shall remain on file in said office,...
• Section 26:3-69.5 - Copy Of Adopted Code And Related Documents Construed As Part Of Ordinance
  For the purpose of proof of any such ordinance or receipt thereof in evidence in all courts and places, such copy of such code...
• Section 26:3-69.6 - Short Title
  This act may be cited as the Public Health and Sanitation Codes Adoption by Reference Act. L.1950, c. 188, p. 422, s. 6.
• Section 26:3-70 - Local Board May Prescribe Penalty
  The local board may prescribe a penalty for the violation of any provision of a health ordinance or code. Such penalty shall not be...
• Section 26:3-70.1 - Minimum Penalty
  The minimum penalty permissible as prescribed by section 1 of this act, shall remain at $2.00 for those health ordinances adopted prior to the...
• Section 26:3-71 - Penalty Need Not Be Specific Amount
  The penalty for the violation of a provision of a health ordinance or code need not be for a specific amount, but the local...
• Section 26:3-72 - Jurisdiction Of Proceedings To Recover Penalties; Process
  Every municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of a...
• Section 26:3-75 - Certified Copy Of Health Ordinance Or Code As Proof Of Legal Enactment
  A copy of the health ordinance or section of the code alleged to have been violated, certified to under the hand of the clerk...
• Section 26:3-77 - Imprisonment For Failure To Pay Judgment
  The court may cause a defendant who refuses or neglects to pay the amount of a judgment rendered against him and all costs and...
• Section 26:3-78 - Additional Penalty For Second Violation Of Same Ordinance
  In case a defendant shall have been twice convicted, within the space of six months, of the violation of the same health ordinance or...
• Section 26:3-82 - Disposition Of Penalties
  All penalties recovered in any prosecution for a violation of a health ordinance or code of a local board shall be paid by the...
• Section 26:3-83 - Terms "Municipality" And "Board Of Health" Defined
  The term "municipality," when used in this act, shall mean any township or incorporated municipality in New Jersey. The term "board of health," when...
• Section 26:3-84 - Formation Of Association For Furnishing Public Health Services
  Boards of health of 2 or more municipalities are hereby authorized to form an association to furnish such boards with public health services. Any...
• Section 26:3-85 - Composition Of Commission
  A regional health commission shall consist of two members from each board of health participating therein except that when more than seven boards of...
• Section 26:3-86 - Nature And Amount Of Public Health Services Of Each Board; Report Of Activities, Information.
  4. a. A regional health commission shall arrange annually with each board of health participating therein as to the nature and amount of public...
• Section 26:3-87 - Authority Of Commission; Treasurer; Bond; Disbursement Of Funds
  A regional health commission shall have authority to receive funds from any source and expend such funds to furnish public health services to each...
• Section 26:3-88 - Health Officer, Inspectors, Nurses, Etc.; Terms; Salaries
  A regional health commission may employ a health officer, as hereinafter provided, to serve in part or all of the area in which it...
• Section 26:3-89 - Restrictions In Appointment Of Employees
  A regional health commission shall be subject to the same restrictions in the appointment of employees as apply to a local board of health...
• Section 26:3-90 - Appointment Of Agents
  Before any person employed by a regional health commission shall act as an agent of a local board of health in any municipality, he...
• Section 26:3-91 - Persons Already Employed By Boards Of Health; Control And Direction Of Work
  Nothing in this act shall be construed to prohibit a board of health participating in a regional health commission from retaining persons already in...
• Section 26:3-92 - Powers, Duties And Jurisdiction Of Regional Health Commission
  Each regional health commission shall have jurisdiction in matters of public health within the geographic area of the participating municipalities. It shall succeed to...
• Section 26:3-93 - Local Board Of Health Ordinances; Enforcement
  The ordinances of each local board of health of each municipality participating in any regional health commission, shall remain in effect within the geographic...
• Section 26:3-94 - Employees
  No regional health commission shall appoint any person as health officer, public health laboratory technician, sanitary inspector, veterinary meat inspector or plumbing inspector nor...
• Section 26:3a2-1 - Short Title
  This act may be known and may be cited as the "Local Health Services Act." L.1975, c. 329, s. 1, eff. April 1, 1976.
• Section 26:3a2-2 - Policy
  The Legislature declares that the policy of this State is to assure the provision of a modern and manageable array of public health services...
• Section 26:3a2-3 - Definitions
  3. As used in this act unless otherwise specifically indicated: a. "Local health agency" means any county, regional, municipal or other governmental agency organized...
• Section 26:3a2-4 - County Board Of Health; Establishment; Procedure; Counties With Health Agencies
  a. The board of chosen freeholders of any county in this State, on its own initiative, after public hearing may, by ordinance or resolution,...
• Section 26:3a2-5 - Members; Qualifications; Term Of Office; Meetings; Powers
  a. A county board of health shall consist of not less than five nor more than nine members appointed by the board of chosen...
• Section 26:3a2-6 - County Health Department; Establishment; Report By County Board In Counties Without Department; Public Hearing; Submission To Commissioners
  a. The county board of health shall establish a county health department, under the administration of a full-time health officer, which provides public health...
• Section 26:3a2-7 - County Health Advisory Commission
  The county board of health may establish a county health advisory commission and may appoint not less than nine nor more than 15 citizens...
• Section 26:3a2-8 - Health Ordinances; Adoption; Enforcement
  The county board of health shall, in order to perform any power delegated to it or in the performance of any duty imposed upon...
• Section 26:3a2-9 - Health Ordinances; Laws Applicable To Enactment And Enforcement
  A county board of health shall enact and enforce health ordinances in the manner prescribed by articles 4 and 5, of chapter 3 of...
• Section 26:3a2-10 - Standards Of Performance; Compliance By Municipality; Evaluation; Certification; Review By Commissioner
  a. Within 3 months after the Public Health Council has completed its first revision of the "Standards of Performance" pursuant to section 13 of...
• Section 26:3a2-11 - Failure Of Municipality To Comply; Provision Of Adequate Program By State; Reinstatement Of Authority Of Municipality
  a. In the event any municipality fails to comply with section 10 of this act: (1) The State Commissioner of Health shall cause a...
• Section 26:3a2-12 - Municipality Participating In Local Or Contracting Health Agency; Withdrawal
  a. A municipality participating in a local health agency or contracting health agency may withdraw therefrom in the following manner: The governing body or...
• Section 26:3a2-13 - Standards Of Performance; Review And Revision By Public Health Council
  Within 6 months after the effective date of this act, the Public Health Council shall review and revise the present "Standards of Performance," and...
• Section 26:3a2-14 - Appointment Of Health Officer, Other Personnel
  14. Every local health agency shall be administered by a full-time health officer. The health officer and other personnel employed by a municipality, groups...
• Section 26:3a2-14.1 - Public Health Nurse In Provisional Status For More Than 2 Years; Eligibility To Compete For Position
  Any other law, rule or regulation relating to the qualifications required for appointment to any permanent position in accordance with the provisions of Title...
• Section 26:3a2-15 - Necessity Of License By Employee With Certain Type And Class Of Work
  No local health agency shall appoint or employ any person as health officer, public health laboratory technician, sanitary inspector, veterinary meat inspector or plumbing...
• Section 26:3a2-16 - Transfer Of Civil Service Employees Of Terminated Local Health Agency To Superseding Agency
  Each person who shall have been employed as a full-time employee of a local health agency whose employment by such agency was governed by...
• Section 26:3a2-17 - Transfer Of Non-civil Service Employees Of Terminated Local Health Agency To Superseding Agency
  Each person who shall have been employed as a full-time employee for a period of 2 years or more by a local health agency...
• Section 26:3a2-18 - Terminated Part-time Employee; Placement On Preferential Reemployment List
  Every person, who shall have been employed as a part-time employee of a local board of health for a period of 2 years or...
• Section 26:3a2-19 - Annual Budget; Certification By Board Of Chosen Freeholders; Apportionment To Municipalities; Assessment, Levy And Collection Of Tax
  The county health officer shall prepare, subject to the advice of the county board of health, in each year, a budget setting forth in...
• Section 26:3a2-20 - Review By Legislature; Progress Reports By Commissioner
  The Legislature, through the Senate and General Assembly Standing Committees on Institutions, Health and Welfare, shall review the implementation of this act. To facilitate...
• Section 26:3a2-20.1 - Sale Of Tobacco To Persons Under Age 19, Prohibition, Enforcement; Reports.
  2. a. The Commissioner of Health and Senior Services is authorized to enforce the provisions of section 1 of P.L.2000, c.87 (C.2A:170-51.4) with respect...
• Section 26:3a2-21 - Short Title
  This act shall be known and may be cited as the "County Environmental Health Act." L.1977, c. 443, s. 1, eff. March 2, 1978.
• Section 26:3a2-22 - Findings, Declarations Relative To Hazardous Materials Emergency Response.
  2.The Legislature finds that environmental health programs for the control of air pollution, solid waste, hazardous waste, noise, pesticides, radiation, and water pollution and...
• Section 26:3a2-23 - Definitions
  3. As used in this act unless otherwise specifically indicated: a. "Air pollution" means the presence in the outdoor atmosphere of one or more...
• Section 26:3a2-24 - Provision Of Environmental Health Services By Department
  The county department shall provide environmental health services, which meet the performance and administrative standards authorized in section 10 of this act, for the...
• Section 26:3a2-25 - Powers And Duties Of Certified Local Health Agency
  7. A certified local health agency shall investigate citizen complaints; provide public information and citizen education services in all matters concerning environmental health; monitor...
• Section 26:3a2-25.1 - Enforcement By Certified Local Health Agency.
  10.In addition to the environmental health laws that are enforced by a certified local health agency pursuant to section 7 of P.L.1977, c.443 (C.26:3A2-25),...
• Section 26:3a2-26 - Technical Resource Center
  The county department may operate a technical resource center for environmental health services to provide: a. training programs for public and private persons or...
• Section 26:3a2-27 - Environmental Health Ordinances; Formulation, Adoption And Enforcement
  9. A board of health of a county or municipality, or a regional health commission, with, or that is, a certified local health agency,...
• Section 26:3a2-28 - Promulgation Of Environmental Health Performance Standards And Standards Of Administrative Procedure; Delegation Of Powers; Comprehensive Model Ordinances
  10. a. The commissioner shall promulgate, after consultation with the Commissioner of Health, environmental health performance standards and standards of administrative procedure for certified...
• Section 26:3a2-29 - Authorization To Make Grants To County Departments; State's Contribution Amount
  11. a. The commissioner is authorized to make grants to certified local health agencies for the provision of environmental health services. The commissioner shall...
• Section 26:3a2-30 - Employees Of Local Health Agency; Transfer To County Department
  Each person, who shall have been employed by a local health agency, including a regional health commission formed for the provisions of air pollution...
• Section 26:3a2-31 - Annual Budget; Submission By County Health Officer; Tax Levy; Determination By Board Of Chosen Freeholders
  The county health officer shall prepare and submit annually to the board of chosen freeholders, subject to the advice of the county board, in...
• Section 26:3a2-32 - Severability
  If any provision of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and...
• Section 26:3a2-33 - Work Program To Meet Standards; Certification Of Municipal Or Regional Health Agency As Authorized Local Government For Performance Of Environmental Health Services Within Its Jurisdiction
  A county department shall, within 15 months of the promulgation of environmental health performance standards and standards of administrative procedure for county departments of...
• Section 26:3a2-34 - Certified Local Health Agency May Charge Fee
  7. Notwithstanding any law to the contrary, a certified local health agency, if authorized by ordinance, may charge a reasonable fee for any service...
• Section 26:3a2-35 - County, Municipality To Establish Environmental Quality And Enforcement Fund
  8. Each county and municipality with a certified local health agency, shall establish an "Environmental Quality and Enforcement Fund." Any fees, fines or penalties...
• Section 26:3a2-36 - Plan For Standardization, Coordination Of Hazardous Materials Emergency Response Programs.
  2. a. The Department of Environmental Protection, with the concurrence of the Department of Health and the State Office of Emergency Management in the...
• Section 26:3a2-37 - Grants To Local Health Agencies For Hazardous Materials Emergency Response Programs.
  3.The Commissioner of Environmental Protection, in accordance with the rules and regulations adopted pursuant to section 4 of P.L.2005, c.3 (C.26:3A2-38), to the extent...
• Section 26:3a2-38 - Rules, Regulations Relative To Grant Awards, Performance Standards, Interlocal Agreements.
  4. a. The Department of Environmental Protection, with the concurrence of the Department of Health and the State Office of Emergency Management in the...
• Section 26:3b-2 - Disposal Of Human Excrement
  No person, corporation or municipality shall maintain, use or permit to be used any privy, privy vault, cesspool, septic tank, title disposal field or...
• Section 26:3b-3 - Deposit Of Human Excrement Causing Pollution Of Water Supply Forbidden
  No person, corporation or municipality shall deposit or permit to be deposited or to remain on the surface of the ground any human excrement...
• Section 26:3b-5 - Accumulation Of Materials In Which Fly Larvae Exist
  No person, corporation or municipality knowingly shall maintain or permit to be maintained any accumulation of animal or vegetable matter in which fly larvae...
• Section 26:3b-6 - Maintaining Pools, Cisterns, Ditches, Etc. In Which Mosquitoes Breed
  No person, corporation or municipality knowingly shall maintain or permit to be maintained any pool, ditch, stream, or other body of water, or any...
• Section 26:3b-7 - Accumulation Of Filth Or Source Of Foulness Hazardous To Health
  No person, corporation or municipality knowingly shall maintain or permit to be maintained any accumulation of filth or source of foulness which is hazardous...
• Section 26:3b-8 - Effluents From Sewage Treatment Plants Or Industrial Waste Treatment Plants
  The provisions of sections two, three and four of this act shall not apply to the effluents from sewage treatment plants, or industrial waste...
• Section 26:3b-9 - Authority Of Local Boards Of Health Or Other Bodies Not Limited Hereby; Interstate Carriers
  Nothing in this act shall be construed to prohibit or limit the authority otherwise granted by statute to any local board of health or...
• Section 26:3b-10 - Violations
  Any person or private or municipal corporation or their agents violating any of the provisions of this act shall be liable to a penalty...
• Section 26:3b-11 - Enforcement Of Penalties; Jurisdiction; Process
  Every municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this...
• Section 26:3b-12 - Commitment For Failure To Pay Judgment
  The court shall cause a defendant, other than a body corporate, who refuses or neglects to pay forthwith the amount of a judgment rendered...
• Section 26:3b-16 - Payment Of Penalty Deemed Equivalent To Conviction
  Payment of a penalty for any alleged violation of this act, either before or after the institution of proceedings for the collection thereof, shall...
• Section 26:3b-17 - To Whom Penalty Shall Be Paid
  Any penalty recovered in an action brought under the provisions of this act shall be paid to the plaintiff therein. When the plaintiff is...
• Section 26:3d-55 - Short Title.
  1.This act shall be known and may be cited as the "New Jersey Smoke-Free Air Act." L.2005,c.383,s.1.
• Section 26:3d-56 - Findings, Declarations Relative To Smoking, Use Of Electronic Smoking Devices In Indoor Public Places, Workplaces.
  2.The Legislature finds and declares that: a.Tobacco is the leading cause of preventable disease and death in the State and the nation; b.Tobacco smoke...
• Section 26:3d-57 - Definitions Relative To Smoking, Use Of Electronic Smoking Devices In Indoor Public Places, Workplaces.
  3.As used in this act: "Bar" means a business establishment or any portion of a nonprofit entity, which is devoted to the selling and...
• Section 26:3d-58 - Smoking Prohibited In Indoor Public Place, Workplace.
  4. a. Smoking is prohibited in an indoor public place or workplace, except as otherwise provided in this act. b.Smoking is prohibited in any...
• Section 26:3d-58.1 - State Psychiatric Hospital, Other Facilities, Prohibition Of Smoking, Certain Conditions.
  1. a. A State psychiatric hospital may prohibit smoking on its grounds, if it offers a smoking cessation program for both employees, and residents...
• Section 26:3d-58.2 - Rules, Regulations.
  2.Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services shall adopt rules and regulations to effectuate the...
• Section 26:3d-59 - Exceptions.
  5.The provisions of this act shall not apply to: a.any cigar bar or cigar lounge that, in the calendar year ending December 31, 2004,...
• Section 26:3d-60 - Hotel, Motel, Lodging Establishment, Smoking Permitted, Certain Areas.
  6. a. The person having control of a hotel, motel or other lodging establishment may permit smoking in up to 20% of its guest...
• Section 26:3d-61 - Signage, Requirements.
  7. a. The person having control of an indoor public place or workplace shall place in every public entrance to the indoor public place...
• Section 26:3d-62 - Violations, Fines, Penalties; Enforcement.
  8. a. The person having control of an indoor public place or workplace shall order any person smoking in violation of this act to...
• Section 26:3d-63 - Supersedure Of Other Law, Etc.
  9.The provisions of this act shall supersede any other statute, municipal ordinance and rule or regulation adopted pursuant to law concerning smoking in an...
• Section 26:3d-64 - Rules, Regulations.
  10.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...
• Section 26:3e-1 - "Restaurant" Defined
  As used in this act "restaurant" means any facility or part thereof in which food is prepared and provided or served for consumption on...
• Section 26:3e-2 - Choke Prevention Techniques; Display Of Posters; Pamphlets
  The proprietor, or in the case of a public or nonprofit restaurant, the manager or administrator of a restaurant shall: a. Ensure that posters...
• Section 26:3e-3 - Instructional Posters; Preparation And Distribution
  The Department of Health shall prepare instructional posters and pamphlets which illustrate choke prevention techniques such as the "Heimlich Maneuver" and distribute the posters...
• Section 26:3e-3.1 - Posters Provided By Department Of Health
  The Department of Health, through local boards of health, shall make available to school districts, instructional posters and pamphlets prepared pursuant to P.L.1983, c.488...
• Section 26:3e-4 - Obligation To Remove Food Lodged In Another Persons Throat
  Except as otherwise provided by law, no person shall be obligated to remove or assist in removing or attempting to remove food which may...
• Section 26:3e-5 - Violations; Penalty; Action For Recovery
  Any restaurant proprietor, or in the case of a public or nonprofit restaurant, manager or administrator who violates the provisions of this act shall...
• Section 26:3e-6 - Rules And Regulations
  The Commissioner of Health shall promulgate all necessary regulations to carry out this act. L.1983, c. 488, s. 6.
• Section 26:3e-14 - Fact Sheet Distributed To Restaurants Relative To Nut Allergies; Definitions.
  1.The Commissioner of Health, in consultation with the New Jersey Restaurant Association, shall prepare a fact sheet, to be directed to restaurant managers and...
• Section 26:3e-15 - "Ask Before You Eat" Public Information Campaign.
  2.The Commissioner of Health shall conduct, within the limits of monies appropriated pursuant to this act, a public information campaign regarding food allergies, to...
• Section 26:3e-16 - Findings, Declarations Relative To Provision Of Calorie Information By Certain Chain Restaurants.
  1.The Legislature finds and declares that: a.Research continues to demonstrate that there is a strong link between diet and health; in 2004, an estimated...
• Section 26:3e-17 - Requirements For Certain Retail Food Establishments.
  2.Notwithstanding any provision of law to the contrary: a. (1) A retail food establishment using a standard printed menu shall list next to each...
• Section 26:3e-18 - Rules, Regulations.
  3.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.), to effectuate the purposes...
• Section 26:4-1 - "Communicable Disease" Defined
  As used in this chapter, "communicable disease" means any infectious or contagious disease so declared or defined by law or which has been or...
• Section 26:4-2 - Powers Of State Department And Local Board.
  26:4-2. In order to prevent the spread of disease affecting humans, the Department of Health, and the local boards of health within their respective...
• Section 26:4-3 - Evaluation Of Destroyed Goods; Reimbursement Of Owner
  Whenever the state department or a local board, in order to prevent the spread of communicable disease, destroys any goods, it shall make an...
• Section 26:4-4 - Notice To Local Board To Control Disease; Proceeding To Compel Action
  Whenever within the jurisdiction of a local board there is a person infected with any communicable disease, the State department may cause a notice...
• Section 26:4-5 - Closing Public Or Private Schools By Reason Of Epidemic
  Each local board may declare any epidemic or cause of ill health to be so injurious or hazardous as to make it necessary to...
• Section 26:4-6 - Prohibiting Attendance Of Teachers Or Pupils
  Any body having control of a school may, on account of the prevalence of any communicable disease, or to prevent the spread of communicable...
• Section 26:4-8.1 - Immunization At Public Expense
  The State Department of Health and Local Boards of Health may provide at public expense, the necessary equipment, materials and services for immunizing people...
• Section 26:4-9 - Epidemic In State Institution
  Whenever an epidemic shall occur in an institution maintained in whole or in part by the state, the state department shall immediately take all...
• Section 26:4-12 - Prohibiting Sale Of Dairy Product Contaminated By Communicable Disease
  When the state department shall have reason to believe that any milk, cream, skimmed milk, or other dairy product has been contaminated by the...
• Section 26:4-13 - Removal Of Order Prohibiting Sale
  Every person upon whom any such order may be served shall obey it. The prohibition shall continue until the state department shall have had...
• Section 26:4-14 - Penalty For Violation Of Prohibition
  Any person upon whom any such order of prohibition has been served who shall, prior to the removal of the prohibition, transport or sell...
• Section 26:4-15 - Reporting Of Communicable Diseases By Physicians
  Every physician shall, within 12 hours after his diagnosis that a person is ill or infected with a communicable disease or other disease required...
• Section 26:4-16 - Reporting Of Communicable Diseases By House Owner Or Householder
  Every house owner or householder who has reason to believe that any person living, dwelling or being in any building under his control is...
• Section 26:4-17 - Physicians To Report Persons Affected With Disease On Dairy Premises
  Every physician who shall attend any person ill or infected with any communicable disease required by law or the State Sanitary Code to be...
• Section 26:4-18 - Report When Member Of Family Of Sick Person Is Employed On Dairy Premises
  Every physician who shall attend any person ill or infected with any of the communicable diseases required by law or the State Sanitary Code...
• Section 26:4-19 - Report Of Persons Affected With Communicable Diseases In Institutions
  Every physician, superintendent or other person having control or supervision over a State, county or municipal hospital, sanatorium or other public or private institution...
• Section 26:4-20 - Transmission Of Duplicate Of Report From Institutions In Certain Cases
  Every person designated by any local board of health to receive reports of communicable diseases who shall receive any report of sickness from a...
• Section 26:4-21 - Certificate Of Cases Reported To Local Board
  On the thirtieth day of June and the thirty-first day of December in each year every physician, house owner or householder making any report...
• Section 26:4-22 - Fee For Cases Reported To Local Board
  The certificate, when presented to the proper disbursing officer of the municipality within which the affected person may have been, shall entitle the person...
• Section 26:4-23 - Register Of Reported Cases; Inspection
  The facts contained in the report of a communicable disease shall be entered by the officer to whom the report is delivered in a...
• Section 26:4-24 - Reports Of Local Boards To State Department
  The officer to whom the report of a communicable disease is delivered and whose duty it is to make a record of the same,...
• Section 26:4-26 - Fee For Cases Reported To State Department
  Upon presentation of a certificate of the number of cases reported to the State Department pursuant to section 26:4-24 of the Revised Statutes at...
• Section 26:4-27 - Definitions
  As used in this article: "Venereal disease" includes syphilis, gonorrhea, chancroid, lymphogranuloma venereum and granuloma inguinale. "Treating a venereal disease" includes the treatment of...
• Section 26:4-28 - Venereal Diseases Declared Infectious And Communicable
  Syphilis, gonorrhea, chancroid, lymphogranuloma venereum and granuloma inguinale are hereby declared to be infectious and communicable diseases, dangerous to the public health. Amended by...
• Section 26:4-29 - Determination Of Infectiousness; Review
  A case of venereal disease shall be regarded as infectious until a physician licensed to practice medicine has examined the case and reported to...
• Section 26:4-30 - Examination Of Suspected Person On Report From Director
  When a local board or health officer receives a report from the director or from any person authorized by the director to make such...
• Section 26:4-31 - Duty Of Suspected Person To Be Examined; Sex Of Examining Physician
  Any person requested by the local board or health officer to be examined under the authority of section 26:4-30 of this title shall submit...
• Section 26:4-32 - Prostitute; Examination; Certificate Prohibited
  A prostitute or other lewd person shall be considered a suspected person within the meaning of section 26:4-30 of this title and may be...
• Section 26:4-33 - Discovery Of Sources Of Infection
  The local board shall use all reasonable means to ascertain the existence of any case of venereal disease within its jurisdiction. It shall investigate...
• Section 26:4-34 - Duty Of Attending Physician
  The physician in attendance upon a person having an infectious venereal disease, or suspected of having such disease, shall instruct the person in the...
• Section 26:4-35 - Examination And Isolation Of Infected Person Failing To Report To Attending Physician
  If a person in the infectious stage of a venereal disease shall fail to report as directed to the physician in attendance on him...
• Section 26:4-36 - Quarantine; Persons Who May Be Quarantined; Duration; Penalty
  Quarantine for venereal disease has the purpose of preventing transmission of venereal diseases and shall mean and include, restriction of the actions, behavior and...
• Section 26:4-37 - Quarantine, Restrictions, Proceedings, Report
  26:4-37. In establishing quarantine for venereal disease, the licensed health officer or the State Commissioner of Health, or the authorized representative of either shall...
• Section 26:4-38 - Report Of Private Cases To State Department
  The physician, nurse, or other person treating a venereal disease shall report the case immediately to the state department.
• Section 26:4-39 - Report Of Institutional Cases To State Department
  The physician, superintendent, or other person having control or supervision over any state, county, or municipal hospital, sanatorium, or other public or private institution...
• Section 26:4-40 - Contents Of Report
  The report required by sections 26:4-38 and 26:4-39 of this title shall contain the following information: a. Name, address, color, sex, nationality, and the...
• Section 26:4-41 - Contents Of Reports Secret; Exceptions
  No person shall disclose the name or address or the identity of any person known or suspected to have a venereal disease except to...
• Section 26:4-46 - Free Treatment By Local Board
  Any person suffering from a venereal disease in the infectious stage and who is unable to pay for treatment may apply for care and...
• Section 26:4-47 - Free Diagnosis And Treatment By State Department Of Health
  The State Department of Health may: a. Provide appropriate laboratory services for the diagnosis of sexually-transmitted diseases; b. Provide antibiotics and other appropriate drugs...
• Section 26:4-48 - Rules And Regulations; Authority Of State Director Of Health As To Quarantine Or Examination
  The State Department shall make and enforce any rule or regulation for the quarantining and treatment of a venereal disease which it may deem...
• Section 26:4-48.1 - Optional Treatment Of Persons Opposed To Medical Treatment On Religious Grounds
  In any quarantine for venereal disease or any commitment or court order imposed by authority of this act upon any person who, since immediately...
• Section 26:4-49 - Additional Penalty For Second Offense
  In case a defendant shall have been twice convicted, within the space of six months, of the violation of the same provision of this...
• Section 26:4-49.1 - Blood Sample, Syphilis Testing For Pregnant Women.
  1. Every physician attending pregnant women in the State for conditions relating to their pregnancy during the period of gestation and/or at delivery shall,...
• Section 26:4-49.2 - Standard Serological Test; Duty Of State Department Of Health
  For the purpose of this act a standard serological test shall be a test for syphilis approved by the State Department of Health, and...
• Section 26:4-49.3 - Statement Of Blood Test In Birth Or Stillbirth Report.
  3. In reporting every birth and stillbirth, physicians and others required to make such reports shall state on the certificate whether a blood test...
• Section 26:4-49.4 - Effective Date
  This act shall take effect January first, one thousand nine hundred and thirty-nine. L.1938, c. 41, p. 117, s. 5.
• Section 26:4-49.5 - Migrant Laborers; Definition
  For the purposes of this act "migrant laborer" shall mean any seasonal, temporary or migrant worker entering New Jersey and living in a tent,...
• Section 26:4-49.6 - Examination Of Migrant Laborers; Notice To State Department Of Health
  Any migrant laborer who cannot show satisfactory evidence of examination for syphilis, gonorrhea and other venereal diseases having been performed by a health department...
• Section 26:4-49.7 - Examination And Treatment By Order Of Court
  1. When it appears to the Superior Court or to any municipal court, from the evidence or otherwise, that any person coming before such...
• Section 26:4-49.8 - Examination And Treatment For Venereal Disease Of Inmates Of Institutions
  The warden or other person in charge of any jail, house of correction, or other penal or correctional institution shall require and cause a...
• Section 26:4-57.1 - Application For Financial Aid
  Any person declared by the department of health to be a carrier of the causative agent of typhoid fever, paratyphoid fever or other disease...
• Section 26:4-57.2 - Inquiry By Director Of Health
  Upon receipt of any such application the director shall inquire into the circumstances for the purpose of determining whether such person should properly receive...
• Section 26:4-57.3 - Determination Of Kind And Amount Of Aid; Maximum Annual Amount
  If, after such inquiry, the director is satisfied that financial aid for any or all the purposes set forth above should be granted such...
• Section 26:4-60 - Register Of Reported Cases And Examinations; Inspection
  The local board shall cause all reports of cases of tuberculosis, and the results of any examination showing the presence of the bacilli of...
• Section 26:4-69 - Expenditure Of Appropriations
  The State department shall expend such sums as shall be annually appropriated for the study, treatment and prevention of tuberculosis. Amended by L.1977, c....
• Section 26:4-70 - Rules And Regulations By State Department; Distribution Of Copies; Enforcement
  The State department shall make rules and regulations for the care of persons suffering with tuberculosis, and for preventing the spread of the disease....
• Section 26:4-71 - Investigation Of Reported Cases
  When cases of tuberculosis are reported to the state department as required by law, the state department and the local boards shall investigate such...
• Section 26:4-71.3 - Leaving Hospital Against Medical Advice; Report To Local Board Of Health
  If any person afflicted with tuberculosis in a communicable form shall leave any hospital against medical advice, the administrator shall report such person to...
• Section 26:4-73 - Duty To Report To Local Board
  Whenever one or both eyes of an infant become inflamed, swollen or reddened, or show any unnatural discharge at any time within two weeks...
• Section 26:4-74 - Compulsory Treatment
  Upon receipt of such report the local board shall direct the parents or persons having charge of such infant to place the infant immediately...
• Section 26:4-75 - Distribution Of Copies Of Law
  The local board shall furnish a copy of this article to every licensed physician, nurse, and midwife, and any other person deemed proper by...
• Section 26:4-76 - Free Remedies
  The state department shall furnish, free of cost, to a licensed physician or midwife, any prophylactic remedy which it deems best for the prevention...
• Section 26:4-77 - Violations; Penalty; Recovery
  Any person who violates any of the provisions of this article shall be liable to a penalty of fifty dollars ($50.00) to be recovered...
• Section 26:4-78 - Report Of Suspected Cases Of Rabies
  Whenever a dog, cat or other animal is affected by rabies or suspected of being affected by rabies or has been bitten by an...
• Section 26:4-79 - Report By Physician Attending Person Bitten By Animal
  Every physician shall, within twelve hours after his first professional attendance upon any person bitten by a dog, cat or other animal, report to...
• Section 26:4-80 - Report By Parent Or Guardian When Child Is Bitten And No Physician Attends
  The parent or guardian of a child bitten by a dog, cat or other animal, when no physician attends such child, shall within twelve...
• Section 26:4-81 - Report When Adult Is Bitten And No Physician Attends
  If an adult is bitten by a dog, cat or other animal and no physician attends him, the adult, or if he is incapacitated,...
• Section 26:4-82 - Confining Animal Which Has Attacked Or Bitten Person
  The local board, within its jurisdiction, may serve notice upon the owner or person in charge of a dog, cat or other animal which...
• Section 26:4-83 - Killing Or Confining Animal Bitten By Another
  The local board, within its jurisdiction, shall serve a notice, in writing, upon the owner or person in charge of a dog, cat or...
• Section 26:4-84 - Confining Animals To Prevent Spread Of Rabies
  Whenever the local board or any officer or inspector thereof has reason to believe or has been notified by the State Department that there...
• Section 26:4-85 - Permit To Release Animals
  An animal confined under order of the local board shall not be released until a certificate of release has been issued by the board.
• Section 26:4-86 - Examination Of Animals By Local Board
  26:4-86. The local board or the duly authorized agent of such board, within its jurisdiction, shall be permitted by the owner or person in...
• Section 26:4-87 - Local Board To Report Prevalence Of Rabies
  Each local board shall furnish information to the state department concerning the prevalence of rabies within its jurisdiction whenever or as often as requested...
• Section 26:4-88 - Circular On Rabies; Distribution
  The state department shall prepare a circular containing a description of the symptoms, the methods of transmission, the treatment, and the preventive measures to...
• Section 26:4-89 - Free Pasteur Treatment
  Each local board may furnish without charge the Pasteur treatment for any indigent person, residing within its jurisdiction, who has been bitten by an...
• Section 26:4-94 - Penalties; Recovery.
  26:4-94. Any person who violates any of the provisions of this article, or any notice served thereunder, shall be liable to a penalty of...
• Section 26:4-95 - Powers Of Municipalities Not Affected
  Nothing in this article shall be construed to change or affect the provisions of any law authorizing the mayor or governing body of a...
• Section 26:4-95.1 - Establishment And Conduct Of Virology Program; Objectives
  The State Department of Health is hereby directed to establish and conduct a virology program having as its objectives: (a) the furnishing of services...
• Section 26:4-95.2 - Financing Virology Program
  The virology program shall be financed during the current fiscal year from any moneys available to the department. L.1958, c. 24, p. 74, s.
• Section 26:4-95.3 - Findings, Declarations Relative To Hpv.
  1.The Legislature finds and declares that: a.The human papillomavirus (HPV) is the most common sexually transmitted infection in the United States, and can be...
• Section 26:4-95.4 - Public Awareness Campaign About Hpv.
  3. a. The Commissioner of Health, in consultation with the Commissioner of Education and the Director of the Division on Women in the Department...
• Section 26:4-96 - Laboratory Supplies
  The state department may prepare in the state bacteriological laboratory culture media, stains, solutions, cultures, cultural products, and other laboratory supplies which may be...
• Section 26:4-97 - Disposition Of Receipts From Sale Of Supplies
  All moneys received from the sale of such laboratory supplies shall be paid by the state department to the state treasurer and shall be...
• Section 26:4-98 - Impure Biological Products; Prohibiting Sale Or Use Of
  If the state department ascertains that any vaccine virus, antitoxin, or other biological product sold, or offered for sale, or held for sale or...
• Section 26:4-99 - Free Distribution Of Toxoid And Vaccine; Appropriation
  The state department may purchase and distribute free, in accordance with rules of the department, diphtheria toxoid or toxin-antitoxin, or both, and smallpox vaccine....
• Section 26:4-100 - Sale Of Surplus Antitoxin Manufactured By Local Board
  The local board of health of any city which is engaged in the production of diphtheria antitoxin may sell any surplus antitoxin at a...
• Section 26:4-100.1 - Anti-pneumococcic Serum; Purchase And Distribution Free By State Department Of Health
  The Department of Health of the State of New Jersey is hereby authorized to purchase and to distribute free, anti-pneumococcic serum for the treatment...
• Section 26:4-100.2 - Anti-pneumococcic Serum; Supplying Free To Licensed Physicians
  Anti-pneumococcic serum may be supplied free by the said department to a physician licensed to practice in the State of New Jersey only after...
• Section 26:4-100.3 - Rules And Regulations By State Department Of Health
  The State Department of Health shall be and is hereby empowered to make necessary rules and regulations for the purpose of administering this act....
• Section 26:4-100.4 - Typhoid Vaccine And Other Biologicals And Antibiotics; Free Distribution
  The Department of Health of the State of New Jersey is hereby authorized, within the limits of available appropriations therefor, to purchase and to...
• Section 26:4-100.5 - Expenditures Authorized
  For the purchase and distribution of the said materials, and for expenses incident to such distribution and the keeping of records of the use...
• Section 26:4-100.6 - Poliomyelitis Vaccine; Regulation Of Purchase, Sale, Distribution And Use
  It is hereby declared to be the policy of the State that no child shall be denied vaccination against poliomyelitis because of inability to...
• Section 26:4-100.7 - Purchase Of Vaccine To Supplement Federal Grants; Distribution
  The State Commissioner of Health (hereinafter referred to as "the commissioner" ) is authorized and directed, without compliance with chapter 48 of the laws...
• Section 26:4-100.8 - Federal Grants
  The commissioner on behalf of the State is authorized and directed to apply for and receive Federal grants of the vaccine or funds therefor...
• Section 26:4-100.9 - Participation And Cooperation Of Other State Departments
  In carrying out the purposes of this act the commissioner is authorized to enlist the participation and co-operation of the State Department of Education,...
• Section 26:4-100.10 - Powers Of Commissioner; Violation
  (a) The commissioner shall have the power and authority, upon a finding that the vaccine continues to be in short supply, to make, promulgate,...
• Section 26:4-100.11 - Appropriation For Purchase Of Vaccine
  In addition to the sums appropriated to the State Department of Health during the fiscal year 1955-56, there is hereby appropriated out of the...
• Section 26:4-100.12 - General Appropriation
  For carrying out the provisions of this act in the fiscal year beginning July 1, 1956, there shall be appropriated to the State Department...
• Section 26:4-100.13 - "Hepatitis Inoculation Fund," Created; Eligibility
  2. a. There is created in the Department of Health the "Hepatitis Inoculation Fund," hereinafter referred to as the "fund." The fund shall be...
• Section 26:4-101 - Permit To Land Infected Vessel
  No vessel infected with a communicable disease, and no vessel on board of which there is any person, baggage, merchandise or materials infected with...
• Section 26:4-102 - Examination And Quarantine
  A permit shall not be granted until after the vessel, and every person and the baggage, merchandise or materials on it, has been examined,...
• Section 26:4-103 - Removal To Quarantine Station
  The local board may, whenever in its judgment the protection of the public health requires it, order the master or commander of any vessel...
• Section 26:4-104 - Assistance In Removal
  If the master or commander cannot be found, or if he fails to obey any such order, the local board may employ any necessary...
• Section 26:4-105 - Landing After Removal To Quarantine Station
  The master or commander shall not, after the issuance of an order under the provisions of section 26:4-103 of this title, bring his vessel...
• Section 26:4-106 - Deposit Of Landing Permit From Other Quarantine Station
  No vessel coming from any foreign or domestic port, which shall pass any quarantine station, located in Long Island sound, or in New York...
• Section 26:4-107 - Issuance Of Permit Without Examination Or Quarantine
  If the local board, or the officer acting for it, shall have no reason to believe that such vessel, or any person, baggage, merchandise...
• Section 26:4-108 - Refusal Of Permit
  If the local board, or the officer acting for it, has reason to believe that the vessel, or any person, baggage, merchandise or materials...
• Section 26:4-109 - Anchorage Of Vessels At Perth Amboy
  The following vessels shall come to anchor at some place designated by the Perth Amboy port health officer for the purpose of inspection: a....
• Section 26:4-110 - Anchorage Place
  The anchorage place described in section 26:4-109 of this title shall be southward of a straight line extending from the south ferry wharf in...
• Section 26:4-112 - Duties Of Perth Amboy Port Health Officer
  Whenever any such vessel shall arrive at the designated anchorage place, the Perth Amboy port health officer shall, subject to any regulation or special...
• Section 26:4-113 - Powers Of Perth Amboy Port Health Officer
  The Perth Amboy port health officer also shall have power with reference to such vessel, subject to any regulation or special order of the...
• Section 26:4-116 - Temporary Port Health Officer; Term; Compensation
  Whenever, in time of threatened epidemic or injury to the public health, the state department shall consider that a health officer should be appointed...
• Section 26:4-117 - Powers And Duties Of Temporary Port Health Officer
  A temporary port health officer shall exercise all the powers conferred upon, and perform all the duties required of, the local board of health...
• Section 26:4-118 - Fees
  The following fees shall be paid to the local board or port health officer: a. For examination of every vessel from a foreign port,...
• Section 26:4-119 - Record Of Fees
  The port health officer shall keep a record of all fees received by him under this article.
• Section 26:4-120 - Fees To Be Paid To State Treasurer
  All fees collected by the Perth Amboy port health officer or by his deputy, under the provisions of this article, shall be paid monthly...
• Section 26:4-121 - Payment Of Expenses And Fees
  All expenses incurred by, and all fees becoming due to, any port health officer or local board, or any of their employees, for services...
• Section 26:4-122 - Expenses, Fees, And Costs; Lien On Vessel
  The port health officer or local board to whom any moneys shall be due on account of any expense or fees shall have a...
• Section 26:4-123 - Enforcement Of Lien
  If payment is not made on demand, the lien may be enforced by a suit in admiralty, or other proper suit, in any court...
• Section 26:4-124 - Jurisdiction Of State Department
  The state department may issue any necessary order revoking, modifying, supplementing, or superseding any order given, or act done, under the provisions of this...
• Section 26:4-125 - Duty Of Commander To Obey Orders
  The master, commander, or other person in charge of any vessel concerning which, or concerning any person, baggage, merchandise or materials on board of...
• Section 26:4-126 - Reports To State Department
  The state department may require from the local board and the port health officer any necessary reports relating to their duties under this article.
• Section 26:4-127 - Regulations Of State Department
  The state department shall have the power, from time to time, to adopt, alter, and amend regulations prescribing the manner and form in which...
• Section 26:4-128 - Violations Of Article; Misdemeanor
  Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor. On conviction he shall be punished...
• Section 26:4-129 - Liability To Penalties In General
  Except as otherwise specifically provided in this chapter, a person who violates any of the provisions of this chapter, or fails to perform any...
• Section 26:4-130 - Proceedings For Recovery Of Penalties; Disposition
  Except as otherwise specifically provided in this chapter, any penalty incurred for a violation of any of the provisions of this chapter shall be...
• Section 26:4-131 - Short Title.
  1.This act shall be known and may be cited as the "Statewide Immunization Registry Act." L.2004,c.138,s.1.
• Section 26:4-132 - Findings, Declarations Relative To Statewide Automated And Electronic Immunization Registry.
  2.The Legislature finds and declares that the establishment of a Statewide automated and electronic immunization registry will serve the following public health purposes: a.ensure...
• Section 26:4-133 - Definitions Relative To Statewide Automated And Electronic Immunization Registry.
  3.As used in this act: "Commissioner" means the Commissioner of Health. "Department" means the Department of Health. "Health care provider" means a health care...
• Section 26:4-134 - Statewide Automated And Electronic Immunization Registry.
  4. a. There is established a Statewide automated and electronic immunization registry, to be designated as the New Jersey Immunization Information System, in the...
• Section 26:4-135 - Immunity From Liability.
  5.Notwithstanding any other provision of this act to the contrary, a person or entity, who is authorized by the commissioner to report, receive or...
• Section 26:4-136 - Construction Of Act Relative To Obligations, Rights Of Persons.
  6.The provisions of this act shall not be construed to affect the obligation of any person, or the person's parent or legal guardian if...
• Section 26:4-137 - Confidentiality Of Registry Information.
  7. a. Information contained in the registry is confidential and shall be disclosed only for the purposes authorized by this act. b.A person who...
• Section 26:4-138 - Certain Transmissions Of Information Permitted.
  8.The provisions of this act shall not prohibit the transmission or exchange of immunization information from other government database systems, immunization registries of other...
• Section 26:4a-4 - Definitions Relative To Lifeguard And First Aid Personnel Requirements At Certain Swimming Areas, Health Clubs.
  1.As used in this act: "Campground" means a plot of ground upon which two or more campsites are located, established or maintained for occupancy...
• Section 26:4a-5 - Exemptions From Mandatory Compliance.
  2.Notwithstanding the provisions of section 7 of P.L.1947, c.177 (C.26:1A-7) or any rules or regulations promulgated pursuant thereto to the contrary, a specially exempt...
• Section 26:4a-6 - Signs Posted At Specially Exempt Facility.
  3. a. Except as provided in subsection b. of this section, a specially exempt facility which does not voluntarily comply with the first aid...
• Section 26:4a-7 - Rules, Regulations
  Notwithstanding any provisions of this act to the contrary, the Department of Health may adopt rules and regulations pursuant to the "Administrative Procedure Act,"...
• Section 26:4b-1 - Public Restrooms; Availability Of Units Without Charge; Equality Of Charges For Remaining Units
  Any place of employment or of public accommodation which maintains public restrooms shall make available at least one-half of the units in each such...
• Section 26:4b-2 - Locked Restroom Entry Doors; Availability Of Keys Without Charge; Posting Notice
  Whenever restroom entry doors are secured by a lock, admission keys shall be provided without charge upon request and notice as to the availability...
• Section 26:4b-3 - Violations; Petty Disorderly Person
  Any person owning or operating a place of employment or public accommodation which violates this act is a petty disorderly person. L.1978, c. 162,...
• Section 26:4b-4 - Right To Breast Feed In Public
  2. Notwithstanding any provision of law to the contrary, a mother shall be entitled to breast feed her baby in any location of a...
• Section 26:4b-5 - Enforcement, Violations, Penalties
  3. a. The local board of health or such board, body or officers exercising the functions of the local board of health according to...
• Section 26:5a-1 - Reports By Physicians Of Cerebral Palsy Cases
  Every physician shall report each case of cerebral palsy now under his care, if his patient is under eighteen years of age, and all...
• Section 26:5b-1 - Short Title
  This act shall be known and may be cited as the "Hereditary Disorders Act." L.1981, c. 502, s. 1.
• Section 26:5b-2 - Legislative Findings And Declarations
  The Legislature finds and declares: that hereditary disorders such as Cooley's anemia, cystic fibrosis, sickle cell anemia, hemophilia, Huntington's Disease, galactosemia and phenylketonuria often...
• Section 26:5b-3 - Hereditary Disorder Defined
  As used in this act "hereditary disorder" means any human ailment, disease or deformity resulting from a specific genetic condition and for which treatment...
• Section 26:5b-4 - Duties Of Department Of Health
  The Department of Health, in consultation with appropriate professional advisory groups, shall: a. Establish guidelines for the early identification of persons born with hereditary...
• Section 26:5b-5 - Findings, Declarations Relative To Sickle Cell Anemia.
  9.The Legislature finds and declares that: a.Sickle cell anemia is an inherited blood disorder characterized primarily by chronic anemia and periodic episodes of pain;...
• Section 26:5b-6 - Availability Of Information About Sickle Cell Anemia.
  10. a. The Department of Health, in consultation with the Medical Society of New Jersey and Rutgers, The State University, shall prepare, and make...
• Section 26:5c-1 - Short Title
  This act shall be known and may be cited as the "AIDS Assistance Act." L.1984, c. 126, s. 1, eff. Aug. 8, 1984.
• Section 26:5c-2 - Legislative Findings
  The Legislature finds that: a. The effective identification, diagnosis, care and treatment of persons who have contracted acquired immune deficiency syndrome, commonly known as...
• Section 26:5c-3 - Programs To Educate Public, Health Care Professionals And People In Contact With Aids Victims, And Of Departmental And Local Support
  The Commissioner of the State Department of Health shall establish: a. A program to educate the public which shall include a public information campaign...
• Section 26:5c-4 - Resource Center.
  4. Rutgers, The State University shall, in coordination with the State Department of Health and Senior Services, serve as a resource center and may...
• Section 26:5c-5 - Definitions
  As used in this act: "AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control of the United States Public...
• Section 26:5c-6 - Aids, Hiv Infection Reported To Department Of Health
  All diagnosed cases of AIDS and all diagnosed cases of HIV infection shall be reported to the department along with the identifying information for...
• Section 26:5c-7 - Confidentiality Of Aids, Hiv Infection Records, Information
  A record maintained by: a. the department; b. a local health department; c. an organization pursuant to a contract with, grant from, or regulation...
• Section 26:5c-8 - Disclosure Of Aids, Hiv Records, Information.
  4. a. The content of a record referred to in section 3 of P.L.1989, c.303 (C.26:5C-7) may be disclosed in accordance with the prior...
• Section 26:5c-9 - Order Of Court To Disclose Record Of Aids, Hiv Infection
  a. The record of a person who has or is suspected of having AIDS or HIV infection may be disclosed by an order of...
• Section 26:5c-10 - Limits On Disclosure To Continue
  The limits on disclosure set forth in this act shall continue to apply to a record relating to AIDS and HIV infection concerning a...
• Section 26:5c-11 - Disclosed Record To Be Held Confidential By Recipient
  Any record disclosed under this act shall be held confidential by the recipient of the record and shall not be released by said recipient...
• Section 26:5c-12 - Consent To Disclose Record Of Deceased, Legally Incapacitated Person.
  8.When consent is required for disclosure of the record of a deceased or legally incapacitated person who has or is suspected of having AIDS...
• Section 26:5c-13 - Consent For Disclosure Of Minor's Record
  When consent is required for disclosure of the record of a minor who has or is suspected of having AIDS or HIV infection, consent...
• Section 26:5c-14 - Civil Actions Permitted Against Violators
  a. A person who has or is suspected of having AIDS or HIV infection who is aggrieved as a result of a violation of...
• Section 26:5c-15 - Definitions.
  1.As used in this act: "AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control and Prevention of the United...
• Section 26:5c-16 - Policy Statement; Information On Hiv Testing; Guidelines For Notification; Confidentiality.
  2.It is the policy of this State that: testing of all pregnant women for HIV shall be part of routine prenatal care; and, in...
• Section 26:5c-17 - Fees
  3. If a test sample taken pursuant to section 2 of this act is analyzed in the department's laboratory, the department may charge a...
• Section 26:5c-18 - Action Due To Unauthorized Disclosure
  4. A woman who has or is suspected of having AIDS or HIV infection may pursue an action against a person who makes an...
• Section 26:5c-19 - Agreements Authorized
  5. The commissioner is authorized to enter into agreements with the federal government and public health agencies in other states to achieve greater effectiveness...
• Section 26:5c-20 - 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 to effect this act. The regulations...
• Section 26:5c-21 - Definitions Relative To Hiv Testing By Semen Banks.
  1. As used in this act: "HIV" means the human immunodeficiency virus which has been identified as the probable causative agent of acquired immune...
• Section 26:5c-22 - Hiv Test On Potential Semen Donor; Consent; Payment; Notification.
• Section 26:5c-23 - Violations, Penalty.
  3. A semen bank which violates any provision of this act is guilty of a disorderly persons offense and is liable to a penalty...
• Section 26:5c-24 - 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...
• Section 26:5c-25 - Short Title.
  1.This act shall be known and may be cited as the "Bloodborne Disease Harm Reduction Act." L.2006, c.99, s.1.
• Section 26:5c-26 - Findings, Declarations Relative To Sterile Syringe Access Programs.
  2. The Legislature finds and declares that: a.New Jersey, in comparison with other states nationwide, has the highest rate of cumulative AIDS cases among...
• Section 26:5c-27 - Demonstration Program For Operation Of Sterile Syringe Access Programs.
  3.The Commissioner of Health shall establish a demonstration program to permit up to six municipalities to operate a sterile syringe access program in accordance...
• Section 26:5c-28 - Establishment, Authorization By Municipality Of Certain Programs.
  4. a. In accordance with the provisions of section 3 of P.L.2006, c.99 (C.26:5C-27), a municipality may establish or authorize establishment of a sterile...
• Section 26:5c-29 - Reports To Governor, Legislature.
  5. a. (1) The Commissioner of Health and Senior Services shall report to the Governor and, pursuant to section 2 of P.L.1991, 164 (C.52:14-19.1),...
• Section 26:5c-30 - Plan For Establishment, Funding Of Regional Substance Abuse Treatment Facilities.
  6. a. The Commissioner of Human Services shall develop a plan for establishing and funding regional substance abuse treatment facilities. The plan shall include...
• Section 26:5c-31 - Rules, Regulations.
  7. a. The Commissioner of Health and Senior Services, in consultation with the Commissioner of Environmental Protection and pursuant to the "Administrative Procedure Act,"...
• Section 26:5d-1 - Short Title
  This act shall be known and may be cited as the "SIDS Assistance Act." L. 1987,c.331, s.1.
• Section 26:5d-2 - Findings, Declarations
  The Legislature finds and declares that: a. Sudden Infant Death Syndrome, the sudden and unexpected death of apparently healthy babies, commonly known as "SIDS"...
• Section 26:5d-3 - Referral Service; Hotline
  The Commissioner of the Department of Health shall establish a program to educate the public and health care professionals about SIDS. The program shall...
• Section 26:5d-4 - Sids Resource Center
  The Commissioner of the Department of Health shall establish a "SIDS Resource Center" within a State medical school. The SIDS Resource Center shall, in...
• Section 26:6-1 - Definitions.
  26:6-1. As used in this chapter: "Local registrar" or "registrar" means the local registrar of vital statistics. "State registrar" means the State Registrar of...
• Section 26:6-2 - Power Of Local Board
  The local board shall have power to pass, alter or amend ordinances and make rules and regulations within its jurisdiction to regulate the burial...
• Section 26:6-3 - Prohibition Of Public Funerals; Penalty
  The local board may specify any communicable disease or diseases in case of death from which no public funeral shall be had, and prohibit...
• Section 26:6-4 - Computation Of Death Rate.
  26:6-4. In computing the death rate of any municipality or health district in which there is located a hospital or other institution, any death...
• Section 26:6-4.1 - Certificate Of Death
  1. On or before the tenth day of each month, the State Department of Health shall certify to the supervisor of veterans' interment in...
• Section 26:6-4.2 - Undertaker To Make Inquiry, Report, Penalty For Failure To Report
  2. Whenever a dead body is transported from outside the State into this State for burial or other final disposition in this State, the...
• Section 26:6-5 - Cemeteries Dangerous To Public Health; Action For Relief; Costs
  When a cemetery or burial ground or part thereof for any reason has become dangerous to the public health and it shall be deemed...
• Section 26:6-5.1 - Necessity Of Death Certificate And Burial Or Removal Permit
  No person, without securing a proper death certificate and a burial or removal permit, shall: a. Remove a dead body from this State; or...
• Section 26:6-5.2 - Recording Of Deaths
  The State Registrar of Vital Statistics shall, upon proper proof received from an appropriate agency of the National Military Establishment, or from the United...
• Section 26:6-5.3 - Certifying Deaths
  The State Registrar shall, upon request, certify such deaths in the same manner as in the case of deaths occurring and recorded in New...
• Section 26:6-5.4 - Fees
  No fees shall be charged or collected for the recording of such deaths as provided in section one, nor shall any fee be required...
• Section 26:6-6 - Execution Of Death Certificate.
  26:6-6. a. The funeral director in charge of the funeral or disposition of the body of any person dying in this State shall be...
• Section 26:6-7 - Contents Of Death Certificate.
  26:6-7. The certificate of death shall contain such items as shall be listed on death certificate forms or in the NJ-EDRS provided or approved...
• Section 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...
• Section 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...
• Section 26:6-8.2 - Notification.
  1.If the attending physician, registered professional nurse, physician assistant, or State or county medical examiner who makes the actual determination and pronouncement of death...
• Section 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...
• Section 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...
• Section 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...
• Section 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 county medical examiner, or local registrar. In case...
• Section 26:6-10 - Unavailability Of Attending Physician, Advanced Practice Nurse.
  26:6-10. In case the physician or the advanced practice nurse who last attended the deceased is unavailable, so that a certificate of death cannot...
• Section 26:6-11 - Fetal Death; Certificate; Burial Or Removal Permit
  A certificate of fetal death containing such items as shall be listed on fetal death certificate forms provided or approved by the department under...
• Section 26:6-13 - Incomplete Certificate Of Death
  No certificate of death shall be held to be complete and correct that does not supply all of the items of information called for...
• Section 26:6-14 - Issuance Of Burial, Removal Permit; Correction Of Death Certificate; Completion.
  26:6-14. Upon receipt of a death certificate, the local registrar shall: a.If the certificate is properly executed and complete, issue a burial or removal...
• Section 26:6-16 - Contents Of Burial, Removal Permit.
  26:6-16. The burial or removal permit shall be issued upon a form or through the NJ-EDRS as prescribed by the department, signed or authenticated...
• Section 26:6-17 - Fee For Burial, Removal Or Transit Permit.
  26:6-17. The State registrar shall be entitled to receive a fee of $5 for each burial or removal, or transit permit issued; except that,...
• Section 26:6-20 - Burial In District Other Than Place Of Death
  No burial permit shall be required from the local registrar of the district in which a burial is to be made, when a body...
• Section 26:6-21 - Emergency Burial Or Removal Permit
  26:6-21. If through the absence of the local registrar, or for other sufficient reason, it is impossible to obtain from the registrar a burial...
• Section 26:6-22 - Form Of Emergency Permit
  26:6-22. The emergency burial or removal permit shall be issued in the following form: "It being impossible to obtain a burial or removal permit...
• Section 26:6-23 - Transportation Of Certain Bodies In Sealed Casket; License
  No person shall convey or aid in conveying to a common carrier to be transported across or within this state, nor shall a common...
• Section 26:6-24 - Rules For Transportation Of Body
  The State Department may make any rule prescribing the manner in which a dead body, intended to be transported by any common carrier across...
• Section 26:6-25 - Necessity Of Transit Permit
  No person shall ship or receive for shipment within this state or to any point outside the state, by any common carrier, a dead...
• Section 26:6-26 - Contents Of Transit Permit
  The transit permit shall be issued upon a form prescribed by the State Department, signed by the local registrar, and shall set forth: a....
• Section 26:6-27 - Disposition Of Transit Permit
  The funeral director shall attach such portion of the transit permit as is directed thereon to the box containing the corpse when shipped by...
• Section 26:6-28 - Burial Or Removal Permit For Imported Bodies
  When a dead body is transported from outside this state into the state for burial or other final disposition, the transit or removal permit,...
• Section 26:6-29 - Acceptance For Shipment
  If no such permit shall be brought with the body, or if the body be shipped by express and no permit is attached to...
• Section 26:6-31 - Delivery Of Burial Or Removal Papers
  The funeral director shall deliver the burial or removal permit or the detachable portion of the transit permit, if any, to the person in...
• Section 26:6-32 - Require Compliance With Laws
  The person in charge of any premises on which an interment is to be made shall see that the requirements of this chapter relative...
• Section 26:6-33 - Indorsement And Return Of Burial Or Removal Papers
  The person in charge of any premises on which an interment is made shall indorse, over his signature upon the burial or removal permit,...
• Section 26:6-34 - Record Of Burial
  The person in charge of any premises on which an interment is made shall keep a permanent record of any burial or other disposal...
• Section 26:6-35 - Procedure When No Person In Charge Of Cemetery
  The funeral director when burying a body in a cemetery or burial ground having no person in charge shall sign the burial or removal...
• Section 26:6-36 - Depth Of Burials; Bodies In Private Vaults
  Every dead body interred in any burial ground or cemetery in this state shall be buried so that the top of the outside coffin...
• Section 26:6-37 - Disinterments; When Allowed; Permits
  No dead body shall be disinterred or removed from any grave, tomb or burial place within this State except by direction of a competent...
• Section 26:6-38 - Disinterment Of Bodies Of Persons Dying Of Communicable Disease
  No dead body of a person who has died of smallpox, cholera, yellow fever, typhus fever, plague, or from any disease publicly declared by...
• Section 26:6-39 - Bodies In Receiving Vaults
  No unembalmed dead body shall be permitted to remain longer than 48 hours in a receiving vault in this State, the depth of which...
• Section 26:6-40 - Powers Of Municipal Authorities And Local Board
  The municipal authorities or local board or their properly authorized agents may at all times enter any cemetery or burial ground within the limits...
• Section 26:6-41 - Violations; Punishment
  Any person violating any of the provisions of this article or the person in charge of or exercising control over any cemetery or burial...
• Section 26:6-49 - Amount; Recovery
  Except as otherwise specifically provided in this chapter, any person violating any provision of this chapter, or falsifying any certificate or record established by...
• Section 26:6-50 - Persons Who May Consent To Examination.
  1.Any physician licensed to practice medicine and surgery in this State may conduct a post-mortem and necroscopic examination upon the body of a deceased...
• Section 26:6-58.4 - Findings, Declarations
  1. The Legislature finds and declares that: there is a need to increase the number of suitable organs recovered and transplanted in New Jersey,...
• Section 26:6-58.5 - Transplant Recovery Technician's Recovery Of Human Body Part.
  6.A technician as defined in section 2 of P.L.2008, c.50 (C.26:6-78) may recover a human body part for any purpose specified in P.L.2008, c.50...
• Section 26:6-58.6 - Medical Record Reviews By Procurement Organization
  7. An organ procurement organization may perform ongoing medical record reviews of all deaths occurring in an acute care hospital licensed pursuant to P.L.1971,...
• Section 26:6-60.2 - Maintenance Of Records By Hospital Relative To Anatomical Gifts.
  2.A hospital shall maintain, as part of a patient's permanent record, the information required under this act and any other pertinent information concerning the...
• Section 26:6-66 - Short Title.
  1.This act shall be known and may be cited as the "New Jersey Hero Act," referring to individuals who donate life-saving and life-enhancing organs...
• Section 26:6-67 - Findings, Declarations Relative To Organ And Tissue Donation Initiatives.
  2.The Legislature finds and declares that: a.For over three decades, the State of New Jersey has supported organ and tissue donation as a public...
• Section 26:6-68 - Short Title.
  1.This act shall be known and may be cited as the "Anatomical Research Recovery Organization Act." L.2008, c.49, s.1.
• Section 26:6-69 - Standards For Anatomical Research Recovery Organization.
  2.It is the public policy of this State to safeguard the health and well-being of its citizens, and to ensure the respectful and consensual...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 26:6-80 - Anatomical Gift By Living Donor.
  4.Subject to the provisions of section 8 of this act, an anatomical gift of a donor's body or part may be made during the...
• Section 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...
• Section 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...
• Section 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;...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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.,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 26:7-16 - Burial Permit
  Any person who cremates any dead human body without first having received a permit for burial or other final disposition issued according to the...
• Section 26:7-17 - Revocation Or Suspension Of License
  The State Department may refuse to grant a license or may suspend or revoke a license issued under the provisions of this act, upon...
• Section 26:7-18 - Permit To Use Lands For Interment Of Cremated Remains
  Any person may use any lands adjacent to a crematorium, belonging to such person, for the interment of the cremated remains of dead human...
• Section 26:7-18.1 - Time Lapse After Death
  No person shall cremate a dead human body unless at least 24 hours have elapsed from the time of death as recorded on the...
• Section 26:7-18.2 - Disposition Of Unclaimed Cremains.
  2. a. Except as provided by subsection b. of this section, a person may dispose of the cremains of a dead human body which...
• Section 26:7-18.3 - Rules And Regulations
  The Commissioner of the Department of Health may promulgate the rules and regulations necessary to effectuate the purposes of this act, pursuant to the...
• Section 26:7-19 - Penalties For Violations
  Any person who violates any of the provisions of this act except section six, or who violates any rule or regulation of the State...
• Section 26:7-20 - Payment Of Penalty Deemed Equivalent To Conviction
  Payment of a penalty for any alleged violation of this act or any rule or regulation of the State Department made pursuant thereto, either...
• Section 26:7-21 - Enforcement
  11. The provisions of this act shall be enforced and all penalties for the violation thereof shall be recovered in accordance with the provisions...
• Section 26:7-22 - Jurisdiction To Restrain Acts In Violation Of Laws Or Regulations
  The Superior Court of this State is hereby vested with jurisdiction and discretionary power in an action in the court brought at the suit...
• Section 26:7-23 - Repeal
  Chapter seven of Title 26 of the Revised Statutes is repealed. L.1950, c. 256, p. 898, s. 13.
• Section 26:8-1 - Definitions.
  26:8-1. As used in this chapter: "Vital statistics" means statistics concerning births, deaths, fetal deaths, marriages, civil unions and domestic partnerships established pursuant to...
• Section 26:8-2 - Registration District
  Every incorporated political subdivision, including a county, but not a school district, shall constitute a registration district.
• Section 26:8-3 - Consolidation Of Districts
  The state department, or the local boards having jurisdiction of the territory in question, may combine two or more registration districts when desirable to...
• Section 26:8-4 - Duty To Furnish Information Relative To Birth, Death, Marriage, Civil Union, Domestic Partnership.
  26:8-4. Duty to furnish information relative to birth, death, marriage, civil union, domestic partnership. Upon demand of the State registrar in person, by mail,...
• Section 26:8-5 - Institutional Records
  The person in charge of a hospital, almshouse, lying-in, penal, or other institution, public or private, to which any person resorts for treatment of...
• Section 26:8-6 - Registration Of Midwives, Funeral Directors.
  26:8-6. a. Every midwife and funeral director shall register annually his name, address and occupation, and his license number, with the local registrar of...
• Section 26:8-7 - Registration Of Vital Records By State Department
  The State department shall provide for registration of vital records. Amended by L.1965, c. 78, s. 34.
• Section 26:8-8 - Vital Record Facilities
  Suitable quarters shall be provided for the registration of vital records, which quarters shall be properly equipped with fire resistant area and filing cases...
• Section 26:8-9 - State Registrar
  The State department shall appoint a competent vital statistician, who shall be known as the State registrar of vital statistics. Amended by L.1965, c....
• Section 26:8-11 - Local Registrar, Appointment; County Clerk, Authorized To Act As Local Registrar, Certain Circumstances.
  26:8-11. a. (1) The county governing body, by resolution, subject to the provisions of paragraph (2) of this subsection, may permit the county clerk...
• Section 26:8-12 - Approval Of Appointment By State Department
  The appointment of a local registrar shall be immediately certified to the state department, but shall not become effective until thirty days from the...
• Section 26:8-13 - Term Of Office
  The term of office of a local registrar shall be 3 years and he shall serve until his successor has been appointed and qualified....
• Section 26:8-14 - Appointment Of Successors
  At least 10 days before the expiration of the term of office of a local registrar his successor shall be appointed by the appointing...
• Section 26:8-15 - Vacancy
  Any vacancy occurring in the office of local registrar shall be filled in the same manner as an original appointment but for the unexpired...
• Section 26:8-16 - Persons Eligible As Local Registrars
  No physician, midwife or funeral director shall be appointed as local registrar, but in any registration district where full time health officers or other...
• Section 26:8-17 - Local Registrar; Appointment Of Deputy, Alternate Deputy Registrar.
  26:8-17. The local registrar, immediately upon acceptance of the appointment, shall appoint a deputy to assist in the normal, day-to-day operation of the office...
• Section 26:8-18 - Subregistrar; Appointment
  When it appears necessary for the convenience of the people in any registration district, the local registrar may, with the approval of the State...
• Section 26:8-19 - Removal From Office
  26:8-19. Any local registrar, deputy registrar, alternate deputy registrar, or subregistrar, who in the judgment of the State department fails or neglects to discharge...
• Section 26:8-20 - Nonapplicability
  26:8-20. The provisions of this chapter fixing the terms of office and providing methods of appointment and removal shall not apply to the positions...
• Section 26:8-21 - Applicability Of Chapter
  26:8-21. Every provision of this chapter, of chapter 6 of this Title (R.S.26:6-1 et seq.), as well as chapter 1 of Title 37 of...
• Section 26:8-21.1 - Rules, Regulations.
  28.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...
• Section 26:8-22 - Oath Of Office
  26:8-22. Before entering upon their respective duties the state registrar, local registrar, deputy local registrar, alternate deputy registrar, and subregistrar shall take an oath...
• Section 26:8-23 - Duty Of The Department; Examination Of Records.
  26:8-23. The Department of Health shall have charge of the registration of births, deaths, fetal deaths, marriages, civil unions, and domestic partnerships and shall...
• Section 26:8-24 - Duties, Responsibilities Of State Registrar.
  26:8-24. The State registrar shall: a.Have general supervision throughout the State of the registration of vital records; b.Have supervisory power over local registrars, deputy...
• Section 26:8-24.1 - New Jersey Electronic Death Registration System (Nj-edrs); Implementation.
  16. a. The State registrar shall establish and maintain the New Jersey Electronic Death Registration System or NJ-EDRS. (1)The system shall be fully implemented...
• Section 26:8-24.2 - "New Jersey Electronic Death Registration Support Fund."
  17. a. There is established the "New Jersey Electronic Death Registration Support Fund" as a nonlapsing, revolving fund to be administered by the Commissioner...
• Section 26:8-24.3 - Means Of Accessing Nj-edrs; Requirements.
  18.The State Medical Examiner, the Commissioner of Labor and Workforce Development or his designee, county medical examiners, licensed health care facilities, other public or...
• Section 26:8-25 - Duties, Responsibilities Of Local Registrar.
  26:8-25. The local registrar, under the supervision and direction of the State registrar, shall: a.Strictly and thoroughly enforce the law relative to the disposal...
• Section 26:8-25.1 - Suspension Of Authority To Participate In Nj-edrs.
  27.The State registrar may suspend the authority of a local registrar, deputy registrar, alternate deputy registrar or subregistrar to participate in the NJ-EDRS, and...
• Section 26:8-26 - Duty Of Subregistrar.
  26:8-26. Each subregistrar shall note, on each certificate of birth or death, over his signature, the date of filing, and shall forward all certificates...
• Section 26:8-27 - Inquiries To Applicants For Marriage Or Civil Union License.
  26:8-27. Inquiries to applicants for marriage or civil union license. The department shall issue to each local registrar and to city clerks of cities...
• Section 26:8-28 - Birth Certificate Required; Information Furnished.
  26:8-28. a. Within five days after each birth, there shall be filed with the local registrar of the district in which the birth occurred...
• Section 26:8-28.1 - Contents Of Certificate Of Parentage.
  7.A Certificate of Parentage may serve to satisfy the method of collection of Social Security numbers as required pursuant to subsection c. of R.S.26:8-28...
• Section 26:8-29 - Contents Of Birth Certificate
  The certificate of birth shall contain such items as shall be listed on birth certificate forms provided or approved by the State registrar under...
• Section 26:8-30 - Execution, Return Of Certificate Of Birth; Availability Of Certificate Of Parentage; Challenge To Acknowledgment Of Paternity.
  26:8-30. The attending physician, midwife or person acting as the agent of the physician or midwife, who was in attendance upon the birth shall...
• Section 26:8-31 - Certificate Of Birth Or Parentage When No Physician Or Midwife In Attendance
  26:8-31. In case there is no physician, midwife, or person acting as the agent of the physician or midwife, in attendance upon the birth,...
• Section 26:8-32 - Completion Of Details By Local Registrar
  In case the person filing a certificate of birth is unable, by diligent inquiry, to obtain any item or items contemplated in section 26:8-29...
• Section 26:8-33 - Report By Father Or Mother
  In case the father or mother of the child does not, within one month after the date of birth, receive a notice from the...
• Section 26:8-34 - Supplemental Return Of Name Of Child
  When a certificate of birth of a living child is presented without the statement of the given name, the local registrar shall make out...
• Section 26:8-35 - Incomplete Certificate Of Birth
  No certificate of birth shall be held to be complete and correct that does not supply all of the items of information called for...
• Section 26:8-36 - Interrogation Of Informant
  Any person reporting a birth, or who may be interrogated in relation thereto, shall answer correctly and to the best of his knowledge all...
• Section 26:8-37 - Stillborn Child To Be Registered As Fetal Death; Birth Certificate Options.
  26:8-37. a. A stillborn child shall be registered as a fetal death as required by R.S.26:6-11. b. (1) The State registrar shall establish a...
• Section 26:8-38 - Recording Unrecorded Births; Penalty For False Certificate
  26:8-38. The birth of any child which has occurred or which may hereafter occur and which is not recorded with the State registrar as...
• Section 26:8-39 - Birth Certificate Not To Disclose Illegitimacy; Exceptions
  No official in this state shall issue a birth certificate revealing or disclosing illegitimacy; provided, that a certificate may be issued disclosing such information...
• Section 26:8-40 - Change Of Surname Of Child Born Out Of Wedlock; Amendment Of Original Birth Record
  a. The State registrar shall amend the original birth record of a child born out of wedlock to change its surname on the request...
• Section 26:8-40.1 - Adopted Children, Birth Certificates; Procedure.
  26:8-40.1. a. When any person is adopted pursuant to provisions of the laws of any state or country, and the adoption has been certified...
• Section 26:8-40.2 - Parentage Unknown; Presumption Of Birth Within State
  Any person who, as a child of unknown parentage, heretofore was or hereafter shall be found in this State and whose parentage and the...
• Section 26:8-40.4 - Application; Determination Of Probable Date Of Birth; Presumption
  3. Upon application by or on behalf of any such person and, if he is of the supposed age of 12 years or over,...
• Section 26:8-40.5 - Persons Not Entitled To Order
  No order shall be made under this act as to any person-- (a) Who advises, advocates, or teaches, or who is a member of...
• Section 26:8-40.6 - Record Of Birth; Effect As Evidence
  On the filing of a certified copy of said order with the State Registrar of Vital Statistics, the birth of said person shall be...
• Section 26:8-40.7 - "Employer" Defined
  For the purposes of this act "employer" includes any individual, partnership, association, corporation, business trust, legal representative or any organized group of persons acting...
• Section 26:8-40.8 - Honorable Discharge From Armed Services; Acceptance By Employer In Lieu Of Birth Certificate
  Every employer who shall require as a condition of employment, continuance of employment, or promotions or advancements in employment, a birth certificate from any...
• Section 26:8-40.9 - Violation As Disorderly Conduct
  Any employer violating any of the provisions of this act shall be adjudged a disorderly person and shall be proceeded against and punished pursuant...
• Section 26:8-40.10 - Foreign Births And Adoptions
  The birth of any child which has occurred or which may hereafter occur outside of the United States, where such child is a citizen...
• Section 26:8-40.11 - Change Of Surname Of Child Born Out Of Wedlock; Amendment Of Original Birth Record
  Whenever the mother of a child born out of wedlock, who has the same surname as the mother, and who has no presumed natural...
• Section 26:8-40.12 - Sex Reassignment Surgery; Amendment Of Birth Certificate
  The State registrar shall issue an amended certificate of birth to a person born in this State who undergoes sex reassignment surgery and requests...
• Section 26:8-40.20 - Legislative Findings And Declarations.
  1.The Legislature finds and declares that: major birth defects occur in approximately 1% of all births and are related to over 25% of all...
• Section 26:8-40.21 - Birth Defects, Severe Neonatal Jaundice Registry.
  2. a. The Department of Health shall establish and maintain a birth defects and severe neonatal jaundice registry, which shall contain a confidential record...
• Section 26:8-40.22 - Confidential Reports Of Abortions Of Fetus With Or Infant Affected By Birth Defect Or Severe Neonatal Jaundice.
  3. a. The Commissioner of Health, in consultation with the Public Health Council, shall require the confidential reporting to the Department of Health of...
• Section 26:8-40.23 - Confidentiality Of Reports
  The confidential reports made pursuant to this act are to be used only by the Department of Health and other agencies that may be...
• Section 26:8-40.24 - Nonliability For Divulging Confidential Information
  No individual or organization providing information to the Department of Health in accordance with this act shall be deemed to be or held liable...
• Section 26:8-40.25 - Act Not To Be Construed To Compel Submission To Medical Examination Or To Supervision By Department Of Health
  Nothing in this act shall be construed to compel any individual to submit to a medical examination or to Department of Health supervision. L.1983,...
• Section 26:8-40.26 - Rules And Regulations
  The Commissioner of Health shall promulgate rules and regulations necessary to effectuate the purposes of this act. L.1983, c. 291, s. 7.
• Section 26:8-40.27 - Findings, Declarations Relative To Stillbirths.
  1.The Legislature finds and declares that: a.Stillbirths are unintended fetal deaths and are traditionally identified as those which occur after 20 weeks of pregnancy...
• Section 26:8-40.28 - Development Of Comprehensive Policies, Procedures.
  2. a. The Commissioner of Health, in consultation with the State Board of Medical Examiners, the New Jersey Board of Nursing, the State Board...
• Section 26:8-40.29 - Fetal Death Evaluation Protocol.
  3.The Department of Health shall establish a fetal death evaluation protocol, which a hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall follow...
• Section 26:8-40.30 - Establishment, Maintenance Of Data Base.
  4. a. Within two years after the effective date of this act, the Department of Health shall establish and maintain a new database, or...
• Section 26:8-40.31 - Evaluation Of Data, Report To Governor, Legislature.
  5. a. The Department of Health shall evaluate the data obtained pursuant to section 3 of this act for purposes of identifying the causes...
• Section 26:8-40.32 - Rules, Regulations.
  6.The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as the commissioner...
• Section 26:8-40.33 - Provision Of Uncertified Long-form Copy Of Adopted Person's Original Certificate Of Birth.
  4. a. Upon receipt of a request pursuant to subsection c. of R.S.26:8-40.1, the State Registrar shall provide the authorized requester with an uncertified,...
• Section 26:8-40.34 - Submission Of Document Of Contact Preference By Birth Parent.
  5. a. A birth parent of an adopted person may submit a document of contact preference to the State Registrar indicating the birth parent's...
• Section 26:8-40.35 - Certain Cases Exempt.
  9. a. Notwithstanding the requirements of P.L.2014, c.9 (C.26:8-40.33 et al.) to the contrary, in the case of a child who was surrendered pursuant...
• Section 26:8-40.36 - Rules, Regulations.
  10.The Commissioner of Health and the Commissioner of Children and Families, as appropriate, shall adopt rules and regulations pursuant to the "Administrative Procedure Act,"...
• Section 26:8-40.37 - Additional Regulations.
  11.Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner of Health and the Commissioner of Children and Families may...
• Section 26:8-41 - Transmission Of Marriage And Civil Union Licenses And Certificates, Power Of Attorney.
  26:8-41. Transmission of marriage and civil union licenses and certificates. Every person or religious society, institution or organization solemnizing a marriage or civil union...
• Section 26:8-42 - License Issued In Another Registration District, Transmission Of Information On Form Provided.
  26:8-42. The local registrar who receives the certificate of a marriage or the certificate of a civil union within the district under his jurisdiction,...
• Section 26:8-43 - Transmission Of Marriage And Civil Union Certificates And Licenses To State Registrar.
  26:8-43. Transmission of marriage and civil union certificates and licenses to State registrar. Each local registrar and the clerk of the county board of...
• Section 26:8-44 - Indexing, Tabulation And Preservation Of Records By State Registrar.
  26:8-44. The State registrar shall cause all certificates of marriages and civil unions and marriage and civil union licenses received to be alphabetically indexed...
• Section 26:8-45 - Cancellation Of Records Of Marriages And Civil Unions Declared Void.
  If a marriage or a civil union has been declared void by the Superior Court in an action instituted for that purpose and the...
• Section 26:8-46 - Indorsement Of Record Upon Cancellation.
  26:8-46. Upon presenting a certified copy of said order to the State Registrar, he shall indorse on the return of the marriage or civil...
• Section 26:8-47 - Preparation Of Forms For Marriage And Civil Union Licenses, Certificates.
  26:8-47. Preparation of forms for marriage and civil union licenses, certificates. The department shall cause to be prepared blank forms of certificates of marriages...
• Section 26:8-48 - Amendments To Certificate, Recording, Authentication.
  26:8-48. A certificate of birth, fetal death, marriage, civil union, domestic partnership or death heretofore or hereafter filed with the State registrar shall not...
• Section 26:8-49 - Corrections To Birth And Fetal Death Certificates.
  26:8-49. Corrections to birth and fetal death certificates shall be signed by the person who made the original report or by either of the...
• Section 26:8-50 - Correcting Marriage Or Civil Union Licenses.
  26:8-50. Correcting marriage or civil union licenses. Correction to marriage or civil union licenses shall be signed by the person who issued the license...
• Section 26:8-51 - Corrections To Marriage, Civil Union, Domestic Partnership Certificates.
  26:8-51. Corrections to marriage, civil union, domestic partnership certificates. Corrections to marriage, civil union or domestic partnership certificates shall be signed by the person...
• Section 26:8-52 - Correcting Death Certificates, Procedure.
  26:8-52. Corrections to death certificates shall be signed by the physician, registered professional nurse, county medical examiner, State Medical Examiner, funeral director or informant,...
• Section 26:8-53 - Acceptance Of Corrections
  The State department or local registrars may refuse to accept corrections or amendments unless supported by adequate documentary evidence presented at the time the...
• Section 26:8-54 - Certified Copies Of Corrected Certificates
  For all important changes to certificates, the certified copies issued by the state department, state registrar or a local registrar shall show the information...
• Section 26:8-55 - Submitting False Certificate; Penalty.
  26:8-55. Any person knowingly submitting a certificate pursuant to this article containing incorrect particulars relating to any birth, marriage, civil union, domestic partnership or...
• Section 26:8-56 - Fee For Registering Birth Or Death.
  26:8-56. The local registrar shall be paid $1 for each birth or death certificate properly executed, registered, recorded, and promptly returned, or otherwise transmitted...
• Section 26:8-57 - Fee For Reporting No Registration Of Birth Or Death
  In case no birth or death is registered during any month, the local registrar shall be paid the sum of twenty-five cents for each...
• Section 26:8-59 - Payment Of Local Registrar For Certificates Or Reports
  The treasurer of each incorporated political subdivision comprising a registration district shall upon certification from a local registrar of the number of certificates or...
• Section 26:8-59.1 - Persons Authorized To Obtain Certification, Certified Copy Of Death Certificate; Accounting For Fees.
  24. a. Persons authorized to obtain and receive a certification or certified copy of a death certificate from a local registrar, deputy registrar, alternate...
• Section 26:8-60 - Fee For Transmitting Certificate.
  26:8-60. Each local registrar shall be entitled to receive from the proper disbursing officer of the municipality or county the sum of $1 for...
• Section 26:8-61 - Fee For Cancellation Of Marriage Or Civil Union Record.
  26:8-61. Fee for cancellation of marriage or civil union record. The person procuring the cancellation of a marriage or civil union record pursuant to...
• Section 26:8-62 - Certification, Certified Copy Of Records, Search Fee; Uniform Forms For Vital Records.
  26:8-62. a. The State registrar or local registrar shall, upon request, supply to a person who establishes himself as one of the following: the...
• Section 26:8-63 - Free Certified Copies.
  26:8-63. The State registrar shall: a.Furnish a certification or certified copy of a birth, marriage, civil union, domestic partnership, fetal death or death certificate...
• Section 26:8-64 - Search Of Files, Records, Fee.
  26:8-64. a. For any genealogical search of the files and records of births, deaths, marriages, civil unions or domestic partnerships when information required on...
• Section 26:8-65 - Account Of Fees Received
  The state registrar shall keep a true and correct account of all fees received by him and turn the same over to the state
• Section 26:8-66 - Investigation Of Violation.
  26:8-66. The State registrar either personally or by accredited representative, may investigate any case of irregularity or violation of R.S.26:6-1 et seq., R.S.26:8-1 et...
• Section 26:8-67 - Duty Of County Prosecutor.
  26:8-67. Duty of county prosecutor. When the State registrar shall deem it necessary, he shall report any violation of any provision of R.S.26:6-1 et...
• Section 26:8-68 - Duty Of Attorney General; Proceedings By Local Registrar.
  26:8-68. Upon request of the State registrar, the Attorney General shall assist in the enforcement of the provisions of R.S.26:6-1 et seq., R.S.26:8-1 et...
• Section 26:8-69 - Penalties; Recovery.
  26:8-69. Except as otherwise specifically provided in this chapter and R.S.37:1-1 et seq., any person who shall: a.Fail or refuse to furnish correctly any...
• Section 26:8a-1 - Short Title.
  1.This act shall be known and may be cited as the "Domestic Partnership Act." L.2003,c.246,s.1.
• Section 26:8a-2 - Findings, Declarations Relative To Domestic Partners.
  2.The Legislature finds and declares that: a.There are a significant number of individuals in this State who choose to live together in important personal,...
• Section 26:8a-3 - Definitions Relative To Domestic Partners.
  3.As used in sections 1 through 9 of P.L.2003, c.246 (C.26:8A-1 through C.26:8A-9) and in R.S.26:8-1 et seq.: "Affidavit of Domestic Partnership" means an...
• Section 26:8a-4 - Affidavit Of Domestic Partnership; Establishment, Requirements.
  4. a. Two persons who desire to become domestic partners and meet the requirements of subsection b. of this section may execute and file...
• Section 26:8a-4.1 - Limitation On Domestic Partnerships On Or After February 19, 2007; Effect Of Law Establishing Civil Unions.
  91.On or after the effective date of this act, no domestic partnerships shall be registered under P.L.2003, c. 246 (C.26:8A-1 et al.), except that...
• Section 26:8a-5 - Notice Of Termination Of Domestic Partnerships To Third Parties; Requirements.
  5. a. A former domestic partner who has given a copy of the Certificate of Domestic Partnership to any third party to qualify for...
• Section 26:8a-6 - Obligations Of Domestic Partners.
  6. a. The obligations that two people have to each other as a result of creating a domestic partnership shall be limited to the...
• Section 26:8a-7 - Preparation Of Forms And Notices.
  7. a. The commissioner shall cause to be prepared, in such a manner as the commissioner determines appropriate: (1)blank forms, in quadruplicate, of Affidavits...
• Section 26:8a-8 - Duties Of Local Registrar.
  8. a. The local registrar shall: (1)stamp each completed Affidavit of Domestic Partnership received with the date of its receipt and the name of...
• Section 26:8a-9 - Duties Of State Registrar.
  9.The State registrar shall cause all Affidavits of Domestic Partnership and Certificates of Domestic Partnership received to be alphabetically indexed by the surname of...
• Section 26:8a-10 - Jurisdiction Of Superior Court Relative To Termination Of Domestic Partnerships.
  10. a. (1) The Superior Court shall have jurisdiction over all proceedings relating to the termination of a domestic partnership established pursuant to section...
• Section 26:8a-11 - Applicability Of Act.
  58. a. The provisions of sections 41 through 56, inclusive, of P.L.2003, c. 246 shall only apply in the case of two persons who...
• Section 26:8a-12 - Rules, Regulations; Responsible Agencies.
  59. a. 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...
• Section 26:8a-13 - Dependent Health Benefits For Domestic Partners Continued After Retirement From Certain Local Public Employment.
  3.In cases where entities choose to provide dependent health benefits coverage to employees' domestic partners pursuant to section 1 of P.L.1979, c.391 (C.18A:16-12) or...
• Section 26:9-1 - Definitions
  As used in this chapter: "Director" means the director of the state experiment station. "Commission" , "county commission" , or "county mosquito commission" means...
• Section 26:9-2 - Duty Of Director Of State Experiment Station
  The director of the state experiment station, or an executive officer appointed by him, shall: a. Survey, in the order he deems desirable and...
• Section 26:9-3 - Survey By Request
  The director, or his executive officer, shall survey, at the request of the local board of health or the county mosquito commission, any territory...
• Section 26:9-4 - Map Of Breeding Area
  The director shall prepare a map of such suspected area, locating upon it such mosquito breeding areas as have been discovered, and shall report...
• Section 26:9-5 - Petition For Survey
  A request for such survey may be made by the local board, or the county commission, upon its own motion, and must be made...
• Section 26:9-6 - Notice To Local Authorities Of Breeding Place
  Whenever, in the course of a survey, it is found that mosquitoes breed at any place within the state, the director through his executive...
• Section 26:9-7 - Notice To Landowner To Abate
  The local board or the county commission shall, within twenty days from the time such notice is served, investigate the ownership, so far as...
• Section 26:9-8 - Contents Of Notice
  The notice to the landowner shall include: a. The facts contained in the communication from the director; b. A statement that any water in...
• Section 26:9-9 - Abatement By Local Authorities
  In case the landowner fails to comply with such order, the local board or county commission shall abate such nuisance in the manner provided...
• Section 26:9-10 - Powers Of Commission
  The commission shall have all the powers of a local board in so far as the same pertain to a mosquito breeding nuisance artificially...
• Section 26:9-11 - Extermination Budget; Payment Of Bills
  The director of the state experiment station may expend annually for mosquito extermination such amount of money as may be appropriated by the legislature....
• Section 26:9-12 - Appropriation To Municipalities
  The director may, if in his judgment public interests will be served, set aside out of the moneys appropriated for such purposes such an...
• Section 26:9-12.1 - Airplane Spraying For Mosquito Extermination; Use Of State Aid Appropriation
  The amount annually appropriated as State aid for mosquito extermination and control in counties bordering on the Atlantic ocean to the State Department of...
• Section 26:9-12.2 - Effective Date
  This act shall take effect July first, one thousand nine hundred and forty-nine. L.1949, c. 89, p. 407, s. 3.
• Section 26:9-12.3 - State Mosquito Control Commission; Membership; Appointment
  There is hereby created in the Department of Environmental Protection a permanent commission to be known as the State Mosquito Control Commission, which shall...
• Section 26:9-12.4 - Tenure; Vacancies; Compensation
  The appointed members of the commission shall serve for terms of 4 years, except that of the first appointed members of the commission 1...
• Section 26:9-12.5 - Meeting And Organization
  The commission shall meet at the call of the Director of the New Jersey State Agricultural Experiment Station and shall organize as soon as...
• Section 26:9-12.6 - Duties Of Commission
  It shall be the duty of the commission to carry on a continuous study of mosquito control and extermination in the State, to recommend...
• Section 26:9-12.7 - Enforcement Of Recommendations
  The commission shall have power to call to the attention of the director any mosquito breeding places in the State which may come to...
• Section 26:9-12.8 - Cooperation
  The New Jersey State Agricultural Experiment Station and the several county mosquito extermination commissions shall cooperate with the commission in the furnishing of information...
• Section 26:9-12.9 - Hearings; Annual Reports
  The commission may meet and hold hearings at such place or places as it shall designate from time to time and shall report annually...
• Section 26:9-13 - Extermination Commission; Appointment
  The board of chosen freeholders of each county shall appoint a board of commissioners to be known as "the (here insert name of county)...
• Section 26:9-13.1 - Incumbents To Continue In Office
  The members of the county mosquito extermination commissions of the several counties, in office when this act takes effect, shall continue in office until...
• Section 26:9-14 - Composition Of Commission
  Each county mosquito extermination commission shall be composed of six members in addition to the Director of the State Experiment Station and the Commissioner...
• Section 26:9-14.1 - Additional Member
  Notwithstanding the provisions of any other law, a county mosquito extermination commission shall be composed of the members appointed pursuant to R.S. 26:9-14 plus...
• Section 26:9-15 - Term Of Office
  The commissioners first appointed in any county shall hold office respectively for a term of one, two, and three years, as fixed in the...
• Section 26:9-16 - Vacancy
  Any vacancy occurring in the membership of the commission shall be filled in the same manner as an original appointment and for the unexpired...
• Section 26:9-17 - Oath
  Each appointive commissioner, before entering upon the duties of his office, shall take and subscribe an oath, before the clerk of the county in...
• Section 26:9-18 - Compensation
  No member of the commission while sitting as such shall receive any compensation except for necessary expenses for actual attendance on meetings.
• Section 26:9-19 - Officers And Employees
  The commission shall choose annually from among its members a president and treasurer, appoint a clerk or secretary and such other officers and employees...
• Section 26:9-20 - Office Of Commission
  The board of freeholders of the county shall provide the commission with a suitable office where its maps, plans, documents, records, and accounts shall...
• Section 26:9-21 - Powers Of Commission
  The commission shall constitute a body politic, with power: a. To sue and be sued; b. To use a common seal; c. To make...
• Section 26:9-22 - Plans And Estimates; Filing And Approval
  The commission shall, on or before the first of November in each year, file with the director a detailed estimate of the moneys required...
• Section 26:9-23 - Tax Levy; Limitations
  The board of freeholders of the county or other body having control of the finances thereof, shall include annually in the tax levy the...
• Section 26:9-24 - Withdrawal Of Funds
  The commission may draw the money so appropriated on requisition duly signed and approved by its president and secretary.
• Section 26:9-25 - Annual Report
  The commission shall, on or before the first of November in each year, submit to the director and to the board of freeholders a...
• Section 26:9-26 - Other Laws Not Affected
  Nothing in sections 26:9-13 to 26:9-25 of this title shall be construed to alter, amend, modify or repeal the provisions of article 1 of...
• Section 26:9-27 - Powers Of Board Of Freeholders
  The board of freeholders in any county may: a. Eliminate all breeding places of mosquitoes within the county; b. Adopt and execute such plans...
• Section 26:9-28 - Funds Provided By Bond Issue
  When the board of freeholders of any county, by resolution approved by a majority of the members of the board, shall declare that it...
• Section 26:9-29 - Method Of Issue
  Any such bonds shall be issued under and in accordance with the provisions of article 1 of chapter 1 of the title Municipalities and...
• Section 26:9-30 - Delegation Of Work To Commission
  The board of freeholders of any county in which there is a county mosquito extermination commission may authorize, designate, and employ such commission to...
• Section 26:9-31 - Other Laws Not Affected
  Nothing in sections 26:9-27 to 26:9-30 of this title shall be construed to alter, amend, modify or repeal the provisions of sections 26:9-13 to...
• Section 26:10-1 - Forbidden Material In Manufacture
  No cotton, wool or other material which has been used in, or has formed part of, any mattress, bed spring, cot, lounge, or sofa...
• Section 26:10-2 - Labeling Required
  No bed spring, cot, lounge, or sofa which is not labeled as provided in sections 26:10-3 and 26:10-4 of this title, or which is...
• Section 26:10-3 - Contents, Color Of Label; "Secondhand" Defined.
  26:10-3. The label required by R.S.26:10-2 shall: a.If the materials used in the manufacture of the article to which it is to be attached...
• Section 26:10-4 - Form Of Label
  The label shall be in the form of a cloth tag, not less than two and one-half by three inches, which shall be sewed...
• Section 26:10-5 - Violation; Misdemeanor
  Any person violating any of the provisions of this article shall be guilty of a misdemeanor.
• Section 26:10-6 - "Mattress," "Box Spring" Defined.
  26:10-6. The term "mattress" as used in this article shall be construed to mean any quilted pad, mattress, mattress pad, bunk quilt, or cushion...
• Section 26:10-7 - Forbidden Material In Manufacture
  No person shall use in the making, remaking, or renovating of any mattress: a. Any material of any kind that has been used in,...
• Section 26:10-8 - Forbidden Sales
  No person shall sell, lease, offer to sell, lease or deliver, or consign in sale or lease, or have in his possession with intent...
• Section 26:10-9 - Labeling Requirements.
  26:10-9. No person shall, directly or indirectly, at wholesale or retail, or otherwise, sell, lease, offer to sell or lease, or consign in sale...
• Section 26:10-10 - Contents And Form Of Label
  The label provided for in section 26:10-9 of this title shall contain the items specified below and be in substantially the following form: "Official...
• Section 26:10-11 - Special Labeling Requirements
  In addition to the requirements of section 26:10-10 of this title every mattress made from new material or from secondhand material, in whole or...
• Section 26:10-12 - Labeling Secondhand Mattress, Box Spring.
  26:10-12.In addition to the requirements of R.S.26:10-10, every secondhand mattress and box spring shall have printed on the yellow label in the manner prescribed...
• Section 26:10-13 - Additional Information Prohibited
  No information other than that specified in this article shall be contained in the statement on the label.
• Section 26:10-14 - Use Of Word "Felt" On Label
  The word "felt" , or words of like import, shall not be used in the description of materials on the label if there has...
• Section 26:10-15 - False Description
  The description on the label shall not contain any term or designation which is misleading or likely to mislead.
• Section 26:10-16 - Removing Or Altering Label
  No person shall remove, deface, alter, or in any manner attempt the same, or shall cause to be removed, defaced, or altered, any label...
• Section 26:10-17 - Each Mattress, Box Spring Separate Offense.
  26:10-17.The unit for a separate and distinct offense in violation of this article shall be each and every mattress and box spring made, remade,...
• Section 26:10-18 - Penalties, Recovery
  26:10-18. Any person violating any of the provisions of this article shall be liable to a penalty of not more than one hundred dollars...
• Section 26:10-19 - Findings, Declarations Relative To Used Mattresses, Box Springs.
  1.The Legislature finds and declares that: a.Bedbugs are small insects with flat bodies, antennae and small eyes; adult bedbugs are oval, wingless and rusty-red...
• Section 26:10-20 - Requirements For Lease, Sale, Delivery, Consignment Of Used Mattresses, Box Springs.
  2. a. No person shall sell, lease, offer to sell, lease or deliver, or consign in sale or lease, or possess with intent to...
• Section 26:10-21 - Regulations.
  8.The Commissioner of Health may promulgate regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of...
• Section 26:12-1 - Short Title
  This act shall be known and may be cited as the "New Jersey Youth Camp Safety Act." L.1973, c. 375, s. 1, eff. Jan....
• Section 26:12-2 - Purpose
  It is the purpose of this act to promote, protect and safeguard the health and well-being of the youth of the State attending day...
• Section 26:12-3 - Definitions
  As used in this act: a. "Youth camp" means any parcel or parcels of land having the general characteristics and features of a camp...
• Section 26:12-4 - Provision Of Safe And Healthful Conditions, Facilities And Equipment To Campers
  Every youth camp operator shall provide to each camper safe and healthful conditions, facilities and equipment which are free from hazards that are causing,...
• Section 26:12-5 - Safety Standards; Development; Rules And Regulations
  The commissioner shall develop, and shall by rule and regulation promulgate, modify or revoke youth camp safety standards. In developing such standards, the commissioner...
• Section 26:12-6 - Certificate Of Approval; Issuance; Fee
  No youth camp which is now or hereafter shall be established shall be operated or conducted, except by authority of a valid certificate of...
• Section 26:12-7 - Duration Of Certificate; Provisional Certificate
  Each certificate of approval shall be valid for a period of 1 year from the date of issue. The commissioner may issue a provisional...
• Section 26:12-8 - Safety Standards; Enforcement; Hearings; Investigations
  The commissioner shall be responsible for the enforcement of youth camp safety standards in this State and the commissioner is empowered to hold hearings...
• Section 26:12-9 - Powers Of Commissioner; Annual Report On Accidents By Camps And By Commissioner
  a. In order to carry out his duties under this act, the commissioner may enter and inspect any youth camp and its records, may...
• Section 26:12-10 - Revocation Of Certificate Of Approval; Violations; Penalty; Collection By Summary Proceeding
  The commissioner, upon notice and hearing, may revoke the certificate of approval and may impose a penalty not exceeding $1,000.00 for any violation of...
• Section 26:12-11 - Violations; Injunction
  Upon a violation of this act or of any rules and regulations promulgated hereunder, the commissioner shall be entitled to institute a civil action...
• Section 26:12-12 - Exemptions From Safety Standards
  The commissioner, upon application by a camp owner showing extraordinary circumstances or undue hardship, and upon the determination by a field inspector, after inspection...
• Section 26:12-14 - Annual Report By Commissioner; Information Form Other Departments Or Agencies
  a. The commissioner shall prepare and submit to the Governor and the Legislature at least once during each fiscal year a comprehensive report on...
• Section 26:12-15 - Inapplicability Of Act To Curriculum, Program Or Ministry Of Youth Camp
  Nothing in this act shall authorize the commissioner or any other official acting under this act to restrict, determine, or influence the curriculum, program...
• Section 26:12-16 - Inapplicability Of Act To Persons Who Object To Medical Examination, Immunization Or Treatment On Religious Grounds
  Nothing in this act shall be deemed to authorize or require medical examination, immunization or treatment for those who object thereto on religious grounds,...
• Section 26:12-17 - Short Title.
  1.This act shall be known and may be cited as the "Youth Camp Epinephrine Access and Emergency Treatment Act." L.2015, c.231, s.1.
• Section 26:12-18 - Findings, Declarations Relative To Emergency Epinephrine Administration At Youth Camps.
  2.The Legislature finds and declares that: a.Insect and food allergies are the leading cause of anaphylaxis, a life-threatening condition that is easily treatable with...
• Section 26:12-19 - Definitions Relative To Emergency Epinephrine Administration At Youth Camps.
  3.As used in this act: "Commissioner" means the Commissioner of Health. "Member of the youth camp community" means a person who is a camper...
• Section 26:12-20 - Development Of Policy.
  4. a. A youth camp operator, as part of a youth camp medical program, and in accordance with the provisions of the "New Jersey...
• Section 26:12-21 - Immunity From Liability, Disciplinary Action.
  5.A youth camp operator, youth camp health director, trained designee, professionally qualified health care provider, physician, pharmacist, or any other person shall not be...
• Section 26:12-22 - Construction Of Act.
  6.Nothing in this act shall be construed to: a.permit a trained designee to perform the duties or fill the position of a licensed medical...
• Section 26:13-1 - Short Title.
  1.This act shall be known and may be cited as the "Emergency Health Powers Act." L.2005,c.222,s.1.
• Section 26:13-2 - Definitions Relative To Emergency Health Powers.
  2.As used in this act: "Biological agent" means any microorganism, virus, bacterium, rickettsiae, fungus, toxin, infectious substance, or biological product that may be naturally...
• Section 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...
• Section 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,...
• Section 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...
• Section 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,...
• Section 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, State Medical Examiner and Commissioner of Environmental...
• Section 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...
• Section 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...
• Section 26:13-10 - Powers Of Commissioner Relative To Safe Disposal Of Infectious Waste.
  10.Notwithstanding the provisions of P.L.1989, c.34 (C.13:1E-48.1 et seq.) to the contrary, during a state of public health emergency the commissioner may exercise in...
• Section 26:13-11 - Powers Of Commissioner Relative To Medications, Medical Supplies; Rationing.
  11. a. During a state of public health emergency, the commissioner may purchase, obtain, store, distribute or take for priority redistribution any anti-toxins, serums,...
• Section 26:13-12 - Measures To Prevent Transmission, Exposure.
  12.With respect to a declared state of public health emergency, the commissioner may take all reasonable and necessary measures to prevent the transmission of...
• Section 26:13-13 - Orders To Submit Specimen For Diagnostic Purposes.
  13. a. During a state of public health emergency, the commissioner may issue and enforce orders to any person to submit a specimen for...
• Section 26:13-14 - Powers Of Commissioner During Public Health Emergency.
  14.During a state of public health emergency, the commissioner may exercise the following powers as necessary to address the public health: a.Require the vaccination...
• Section 26:13-15 - Isolation, Quarantine Procedures.
  15.The following isolation and quarantine procedures shall be in effect during a state of public health emergency: a.The commissioner may exercise, for such period...
• Section 26:13-16 - Reinstatement Of Employment After Isolation, Quarantine.
  16. a. Any person who has been placed in isolation or quarantine pursuant to an order of the commissioner and who at the time...
• Section 26:13-17 - Access To Medical Information.
  17.With respect to a state of public health emergency: a.Access to medical information of individuals who have participated in medical testing, treatment, vaccination, isolation...
• Section 26:13-18 - Emergency Powers Regarding Health Care Personnel.
  18.During a state of public health emergency, the commissioner may exercise, for such period as the state of public health emergency exists, the following...
• Section 26:13-19 - Definitions Relative To, And Immunity From Liability.
  19. a. As used in this section: "Injury" means death, injury to a person or damage to or loss of property. "Public entity" includes...
• Section 26:13-20 - Protective Action Relative To Radiological Emergency, Conditions.
  20.The commissioner may authorize any school, health care facility, child care center or youth camp to provide potassium iodide as a supplemental protective action...
• Section 26:13-21 - Lincs Agencies To Serve As Planning, Coordinating Agency For Local Government Entity.
  21. a. In order to assist the department with comprehensive Statewide planning and coordination of all activities related to public health preparedness, LINCS agencies...
• Section 26:13-22 - Definitions Relative To Biological Agents, Biological Agent Registry.
  22. a. As used in this section: "Biological Agent" means: (1)any select agent that is a microorganism, virus, bacterium, fungus, rickettsia or toxin listed...
• Section 26:13-23 - New Jersey Vaccine Education And Prioritization Plan.
  23. a. The commissioner shall develop and implement a New Jersey Vaccine Education and Prioritization Plan, as provided in subsection b. of this section,...
• Section 26:13-24 - State Public Health Emergency Claim Reimbursement Board.
  24. a. There is hereby established in the Department of Health a State Public Health Emergency Claim Reimbursement Board. The board shall include the...
• Section 26:13-25 - Claims For Reimbursement.
  25. a. Any person making a claim for reimbursement for private property or services employed, taken or used for a public purpose under this...
• Section 26:13-26 - Material Not Considered Public, Government Record.
  26.Any correspondence, records, reports and medical information made, maintained, received or filed pursuant to this act shall not be considered a public or government...
• Section 26:13-27 - Power Of Enforcement.
  27.The commissioner shall have the power to enforce the provisions of this act through the issuance of orders and such other remedies as are...
• Section 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...
• Section 26:13-29 - Additional Powers Of 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 State Medical...
• Section 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...
• Section 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.
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...

Last modified: October 11, 2016