N.J. Admin. Code § 8:57-5.12

Current through Register Vol. 56, No. 8, April 15, 2024

Section 8:57-5.12 - Management of non-adherent patients through health officer order for temporary commitment

(a) If the Commissioner or State Epidemiologist or designee or the health officer in the patient's health jurisdiction of residence determines that the patient is not only an immediate or imminent risk to the public health, but also a risk for flight, the health officer shall immediately order the temporary commitment of the patient to the site designated by the Commissioner or State Epidemiologist or designee, pending an expedited commitment hearing before the Superior Court.

1. The health officer in the jurisdiction where the institution or hospital is located shall issue the order if the person is institutionalized or hospitalized.

2. If the patient has suspected or confirmed infectious or potentially infectious TB disease, is suspected or confirmed to have either MDR-TB or XDR-TB, and is non-adherent or threatens non-adherence with infection control measures, regardless of his or her risk for flight, the health officer shall immediately serve the patient an order of temporary commitment pursuant to this section, rather than an order for isolation due to the severity of the consequences of transmission.

(b) Under no circumstances shall a health officer order for temporary commitment remain in force for more than 30 days without a court order authorizing such commitment pursuant to the hearing process established at 8:57-5.14.

(c) The health officer order for temporary commitment shall:

1. State the reason for the order;

2. State the site of commitment;

3. State the conditions of commitment; and

4. State that a Superior Court hearing will occur within the next 30 days or the order will be rescinded.

(d) A health officer order for temporary commitment shall be hand delivered to the effected person by the health officer or designee.

(e) The health officer shall notify the subject of the order for temporary commitment of the date and time of the Superior Court hearing at least two days in advance.

(f) In the circumstance described in (a) above and in accordance with 26:1A-9, local law enforcement officers are authorized to take the patient into custody and place him or her at the location designated by the Commissioner or State Epidemiologist or designee and monitor or ensure that the patient remains at that location until the hearing date and that the patient is available for the hearing.

1. If the appropriate placement is determined to be a residence, law enforcement may use an electronic device to enforce temporary commitment.

(g) If the health officer in the patient's health jurisdiction of residence seeks the assistance of local law enforcement officers, the health officer shall provide the following information, as applicable, to law enforcement:

1. The order under which temporary commitment is authorized;

2. The site where temporary commitment will be served;

3. The name, address or last known location, a picture, if available, the skin color, hair color, height, weight, and age of the patient, and any tattoos or scars that could assist in identification; and

4. The date and time of the expedited commitment hearing.

(h) The health officer that issued the order for temporary commitment shall seek the assistance of local legal counsel to prepare the petition for commitment by the Superior Court.

N.J. Admin. Code § 8:57-5.12

Repeal and New Rule, R.2009 d.107, effective 4/6/2009.
See: 40 N.J.R. 1962(a), 41 N.J.R. 1419(a).
Section was "Procedures for commitment by local health officers".

The adopted version of this section 56 N.J.R. 213(a), effective 1/3/2024 is not yet available