N.J. Admin. Code § 10:48B-6.1

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

Section 10:48B-6.1 - Individuals without capacity to make medical treatment decisions for whom BGS is not providing guardianship services

(a) If the treating practitioner has determined that a terminally ill individual or an individual in a permanently unconscious state, not receiving guardianship services from BGS, lacks the capacity to make major medical decisions, decision-making in regard to medical treatment shall proceed according to the following guidelines:

1. If the individual has a guardian other than BGS and is in a healthcare facility operated or funded by the Division, a DNR Order or an order for the withholding or withdrawing of LSMT may be issued upon the recommendation of the treating practitioner and with the consent of the private guardian. An Ethics Committee review, independent of the healthcare facility, can occur if requested by the treating practitioner, the legal guardian, or an interested party. The head of service of the Division component responsible for the individual, or his or her designee, shall provide written notice of the entry of the order to Disabilities Rights New Jersey (DRNJ) no later than the next business day;

2. If the individual is in a health care facility not funded by the Division, decision-making regarding the issuance of a DNR Order or the withholding or withdrawing of LSMT shall be addressed in accordance with the policies, procedures, and practices of the health care facility; and

3. If it is determined and confirmed by a second physician that the individual lacks the capacity to make medical treatment decisions and the individual does not have a guardian appointed for him or her, an emergent application for the appointment of a guardian should be initiated.

N.J. Admin. Code § 10:48B-6.1

Amended by 49 N.J.R. 99(a), effective 1/3/2017