N.J. Admin. Code § 17:41-2.1

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

Section 17:41-2.1 - 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 for 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 two-fold:

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, legal representative and legal guardians, 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. 17:41-2.3, 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" or "Physician Orders for Life Sustaining Treatment") 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 guideposts set forth in the New Jersey Advance Directives for Health Care Act, N.J.S.A. 26:2H-53et seq., and the Physician Orders for Life-Sustaining Treatment Act, N.J.S.A. 26:2H-129et seq.

N.J. Admin. Code § 17:41-2.1

Recodified from 17:39-2.1 and amended by 47 N.J.R. 1023(a), effective 5/18/2015.