N.J. Admin. Code § 10:48B-7.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10:48B-7.4 - Procedures for rendering decision

(a) If the Ethics Committee recommends withholding or withdrawing of LSMT and DRNJ participates in the meeting, the Chief of BGS or his or her designee may make a decision immediately following the meeting. If the Chief of BGS or his or her designee decides to withdraw or withhold LSMT and DRNJ does not express an objection, consent can be given at that time. BGS shall prepare a certification pursuant to (b) below.

(b) If DRNJ does not participate in the Ethics Committee meeting and the Ethics Committee recommends withholding or withdrawing LSMT, and the Chief of BGS or his or her designee concurs with the recommendation, the Chief or his or her designee shall prepare a certification outlining the following:

1. The recommendation of the Ethics Committee;

2. The request of the treating practitioner, including a diagnosis and prognosis and a medical treatment plan;

3. A second opinion from another physician;

4. A history of individual's abilities and a progression of his or her illness;

5. The disposition of the family members, if any;

6. The BGS guardian's observations of the individual;

7. The recommended medical treatment support plan;

8. The wishes of the individual in an advance directive or POLST, if one exists;

9. The recommendations of BGS staff; and

10. Any other information deemed relevant to the decision.

(c) The Chief of BGS or his or her designee shall forward the certification to DRNJ no later than the next business day. DRNJ shall notify BGS regarding any objection by way of a written communication no later than one business day after receipt of the certification. If DRNJ raises no objection to BGS' determination, the Chief of BGS or his or her designee shall authorize the withholding or withdrawing of LSMT.

(d) If the Chief of BGS or his or her designee disagrees with, or has questions about, a recommendation of the Ethics Committee to withhold or withdraw potentially LSMT, he or she shall request a second review by the Ethics Committee in order to discuss the issues in question. If, after the second review, the Chief of BGS or his or her designee makes the decision not to consent to the request to withhold or withdraw LSMT, the order shall not be written. The Chief of BGS or his or her designee shall state in writing the reasons why consent has been denied. Copies of this statement shall be provided to the treating practitioner, the Ethics Committee, and DRNJ.

(e) Any interested party may seek resolution by a court of competent jurisdiction, in the event that he or she disagrees with the decision made by the Chief of BGS or his or her designee.

(f) In the event immediate family and/or DRNJ objects to the decision of the Chief of BGS or his or her designee to withhold or withdraw LSMT, the decision will not be implemented without a court order.

N.J. Admin. Code § 10:48B-7.4

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