N.J. Admin. Code § 10:32-2.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:32-2.1 - Creation and maintenance of a registry of mental health care directives

(a) The Division shall create an internet-based registry that contains information about the advance directives for mental health care of individuals who choose to submit such information.

(b) The information shall be submitted either electronically or on paper on a registry form developed by the Division, Chapter Appendix B, incorporated herein by reference, that shall be available to all licensed mental health programs and to the public through the Department or Division website.

(c) The registry form (N.J.A.C. 10:32 Appendix B) shall be an addendum to the standard advance directives for mental health treatment form (N.J.A.C. 10:32 Appendix A) published by the Division of Mental Health and Addiction Services, but shall clearly be an optional portion of the form, and shall be separately witnessed or executed electronically through a secure website with appropriate safeguards to prevent fraudulent access or registration.

(d) Only DMHAS staff, declarants, licensed independent practitioners, and mental health screeners certified by the Division of Mental Health and Addiction Services pursuant to N.J.A.C. 10:31-3.3, and employed by a designated screening service shall be authorized to access information on the registry. Information on the registry shall only be accessed by persons other than the declarant for purposes of maintenance of the registry or of ascertaining the wishes of a declarant who has registered his or her advance directive, and shall be treated as confidential protected health information.

N.J. Admin. Code § 10:32-2.1

Amended by 47 N.J.R. 107(a), effective 1/5/2015