N.J. Admin. Code § 8:42-6.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:42-6.2 - Advance directives

(a) An agency shall comply with the requirements of the New Jersey Advance Directives for Health Care Act, N.J.S.A. 26:2H-53 through 78.

(b) An agency shall establish and review, at least annually, and more often as needed, revise as needed, and implement, written advance directive policies and procedures to effectuate the New Jersey Advance Directives for Health Care Act, that include, but are not limited to:

1. The requirements imposed upon health care agencies at 26:2H-65;

2. Evaluation criteria for validating an advance directive when a question of validity is indicated, and procedures for assisting in the execution of a valid advance directive;

3. A delineation of the responsibilities of attending physicians, administration, nursing, social service, and other staff in regard to advance directives; and

4. In the event the agency is a private, religiously-affiliated health care institution, policies for a transfer of a patient in compliance with N.J.A.C. 8:42-6.6(a)3.

(c) Either independently or in collaboration with other area agencies or organizations, an agency shall annually provide one or more community education programs within the agency's service area identified during the Certificate of Need process that inform consumers regarding advance directives and their rights under New Jersey law to execute advance directives.

(d) Before providing care to an adult patient, and routinely thereafter at other appropriate times, an agency shall:

1. Inquire of the patient, the patient's family member, or other patient representative, if the patient is unable to respond, about the existence and location of an advance directive for the patient;

2. Document each response to this inquiry in the patient's medical record;

3. If this inquiry indicates that an advance directive for the patient exists and is in effect, request and take reasonable steps to obtain the original or a copy thereof; and

4. Enter the advance directive into the patient's medical record, if it is obtained.

(e) An agency shall provide staff training regarding the New Jersey Advance Directives for Health Care Act and the Federal Patient Self Determination Act, 42 U.S.C. §§ 1395cc and 1396a, that address at least the following:

1. The rights and responsibilities of staff; and

2. Internal policies and procedures to implement these laws.

N.J. Admin. Code § 8:42-6.2

Amended by 48 N.J.R. 1445(a), effective 7/18/2016

Amended by 55 N.J.R. 2546(a), effective 12/18/2023