N.J. Admin. Code § 15A:3-2.1

Current through Register Vol. 57, No. 1, January 6, 2025
Section 15A:3-2.1 - Purpose
(a) The purpose of this subchapter is to clarify the Office's role in circumstances involving proposals to withhold or to withdraw life-sustaining treatment residents of facilities, pursuant to guidelines set forth by the New Jersey Supreme Court in the cases of Matter of Farrell, 108 N.J. 335 (1987), Matter of Peter, 108 N.J. 365 (1987), Matter of Jobes, 108 N.J. 394 (1987), and Matter of Conroy, 98 N.J. 321 (1985). The Office views its role as being twofold:
1. To oversee the processes established by the Court in Peter and in Conroy; and
2. To assist the institutionalized elderly, their families and friends, their healthcare providers and the facilities in which they reside in making life-sustaining treatment decisions that fully express the wishes of the resident.
(b) Where there is no clear "duty to report" as outlined in N.J.A.C. 15A:3-2.3, the Office is available to provide technical support, assistance and dispute resolution, should there be disagreement regarding the withholding or withdrawal of life-sustaining treatment, whether or not the resident has the capacity to make a healthcare decision, and whether or not an Advance Directive ("Living Will") or Proxy Directive ("Durable Power of Attorney for Health Care") is involved. The Office's function in any such situation is to promote, advocate and ensure the rights of the institutionalized elderly resident, pursuant to New Jersey Supreme Court guidelines and the New Jersey Advance Directives for Health Care Act, N.J.S.A. 26:2H-53 et seq.

N.J. Admin. Code § 15A:3-2.1