N.J. Admin. Code § 8:135-3.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:135-3.5 - Procedures when a patient objects to transfer

(a) The following procedure applies when a treatment team proposes a non-emergency transfer to which a patient and/or the patient's representatives object:

1. The treatment team shall provide the patient and/or the patient's representatives an opportunity to state the basis for the objection, and present any relevant facts, including statements by other individuals, with or through a representative if so desired, before an individual who is not a member of the treatment team that is recommending the transfer.

2. The clinical director or medical director of the hospital shall designate the individual who is to review the objection, who may be a member of the clinical director's staff or another hospital staff member who is capable of providing an independent review of the proposed transfer.

3. The individual who reviews the proposed transfer shall have the authority to approve or disapprove the proposed transfer.

4. Patients and their representatives may submit, in writing, their views regarding a non-emergency transfer prior to its implementation.

i. Upon request, or with the consent, of the patient, the patient and the patient's representatives may request an opportunity to discuss the proposed non-emergency transfer with a Division representative prior to implementation of the transfer.

(b) Regarding emergency transfers, the following apply:

1. In an emergency as defined at N.J.A.C. 8:135-3.4(f)1, a patient may be transferred in accordance with procedures outlined at N.J.A.C. 8:135-3.4(f).

2. If a patient and/or the patient's representative object to the transfer, they may submit their position, in writing, to the Division after implementation of the transfer. A designee of the Division's Assistant Commissioner shall review the basis for the transfer after the transfer and shall provide the patient and/or the patient's representatives an opportunity to state the basis for their objection and present any relevant facts or statements. The designee shall not be a member of the patient's treatment team at either the sending or receiving hospital and shall:

i. Conduct an independent review of the basis for the transfer;

ii. Have authority to approve or disapprove the transfer; and

iii. Issue a written decision approving or disapproving the transfer that shall be made part of the patient's clinical record.

N.J. Admin. Code § 8:135-3.5

Amended by 48 N.J.R. 713(a), effective 5/2/2016

Amended and recodified from 10:36-3.5 by 55 N.J.R. 2258(b), effective 11/9/2023