N.J. Admin. Code § 10A:35-2.6

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10A:35-2.6 - Emergency denial of a resident right

(a) Resident rights established at N.J.A.C. 8:131-2.3(10A:35-2.3) may be denied in an emergency situation for a period not to exceed 72 hours in any instance in which the DBHS Clinical Director or DOC Administrator or their designees believe it is imperative to deny any right to avoid physical harm to the resident, other residents, staff, general public, property, or to ensure the safe, secure, and orderly operation of the facility.

(b) The emergency denial of a resident right shall take effect immediately. A written notice of the denial, which shall include an explanation of the reason for the denial, shall be given to the resident and placed in the resident's files maintained by the Departments of Health and Corrections as soon as practicable.

(c) The DBHS Clinical Director and DOC Administrator or their designees shall review each emergency denial of a right within 24 hours of the decision and shall place a written notice of the review in the resident's files maintained by the Departments of Health and Corrections within 24 hours of the review, excluding weekends and holidays.

N.J. Admin. Code § 10A:35-2.6

Amended by 47 N.J.R. 113(a), effective 1/5/2015

Amended by R.2015 d.004, effective 1/5/2015.
See: 46 N.J.R. 1531(a), 47 N.J.R. 113(a).
In (a) and (c), substituted "DMHAS" for "DMHS".

Amended and recodified from 10:36A by 53 N.J.R. 1496(a), effective 9/7/2021