|
30:4-7. Hospitalization of inmates
30:4-7. Hospitalization of inmates.
The Commissioner of the Department of Corrections shall have power to place any inmate in any hospital in the State for such medical or surgical treatment as may be necessary, which cannot properly and adequately be rendered within the institution.
Amended 1995,c.254,s.8.
30:4-7.1 Provision for health, safety, and welfare of incompetent patients, residents.
1. It is hereby declared to be the public policy of this State to make maximum provision for the health, safety and welfare of incompetent patients and residents in State and county institutions for the mentally ill and developmentally disabled, for developmentally disabled residents in community-based alternate living arrangements in the State or in private facilities both in and outside the State, and for inmates under age 18 in State and county penal and correctional institutions, by permitting the chief executive officer of such institution or the regional administrator of a Division of Developmental Disabilities community services region to consent to the utilization of appropriate medical, psychiatric, surgical and dental treatment for such patients, inmates and residents where prescribed by a licensed physician or dentist as provided for herein.
L.1969,c.181,s.1; amended 1997, c.208, s.1.
30:4-7.2 Consent for treatment for certain patients, inmates, residents, or juveniles.
2. The chief executive officer of a State or county institution for the mentally ill or developmentally disabled, of a State or county penal or correctional institution, of a juvenile facility or detention center, or the regional administrator of a Division of Developmental Disabilities community services region is hereby authorized to give consent for medical, psychiatric, surgical or dental treatment to incompetent patients, inmates or juveniles under age 18, or residents, hospitalized, confined or placed by the Division of Developmental Disabilities in community-based alternate living arrangements in the State or in private facilities both in and outside the State, under circumstances where it appears that
(a) Such patients, inmates, juveniles or residents, because of incompetency or nonage, are legally prevented from giving consent to such treatment, and
(b) Either:
(i) there is no parent or guardian known to such officer or administrator, after reasonable inquiry, who is competent to give consent for the treatment of patients, inmates under the age of 18 or residents, or
(ii) where a parent or guardian, after reasonable notice of the proposed treatment and a request for consent, and prior to the date fixed in such notice for the rendering of said treatment, refuses or neglects to execute and submit to such officer or administrator a writing expressing either the grant or denial of such consent, and
(c) Where a licensed physician, psychiatrist, surgeon or dentist certifies that the treatment to be performed is essential and beneficial to the general health and welfare of such patient, inmate or resident, or will improve his opportunity for recovery or prolong or save his life.
L.1969,c.181,s.2; amended 1995, c.280, s.31; 1997, c.208, s.2.
30:4-7.3 Authority to consent to emergency treatment.
3. In a case certified by a licensed physician, surgeon, psychiatrist or dentist to be one of grave emergency and to require immediate surgical intervention or other treatment in order to prevent the death of, or serious consequences to such patient, inmate or resident, the chief executive officer or regional administrator is hereby authorized to consent to such medical, psychiatric, surgical or dental treatment to such patient, inmate or resident as recommended and prescribed by such certification.
L.1969,c.181,s.3; amended 1997, c.208, s.3.
30:4-7.4 Notice of required treatment to parent, guardian.
4. Notice of required treatment shall be given to a parent or guardian of such patient, inmate, juvenile or resident by certified mail to the last known address with a request for consent, and such notice shall contain sufficient information to indicate the precise nature of the illness and the proposed treatment and the date same will be performed, and shall be sent at least 10 days in advance of the date recommended for such treatment unless the case is one certified to be emergent, as provided hereinabove, in which case the parent or guardian shall be given the maximum advance notice possible under the circumstances. For the purposes of this act, such notice shall be deemed reasonable notice.
L.1969,c.181,s.4; amended 1995, c.280, s.32; 1997, c.208, s.4.
30:4-7.5 Exemption from personal liability for chief executive officer, regional administrator.
5. Under all of the foregoing circumstances, the chief executive officer or regional administrator, granting such consent in the exercise of his discretion, upon the recommendation contained in the medical, psychiatric, surgical or dental certification, shall be exempt from personal liability in the performance of such public duty.
L.1969,c.181,s.5; amended 1997, c.208, s.5.
30:4-7.6 Construction of act relative to healing by prayer.
6. Nothing herein shall be so construed as to give authority to the chief executive officer of any institution or the regional administrator of a Division of Developmental Disabilities community services region to supervise, regulate or control the remedial care or treatment of individual patients, inmates or residents who are adherents of any well recognized church or religious denomination which subscribes to the art of healing by prayer and the principles of which are opposed to medical treatment.
L.1969,c.181,s.6; amended 1997, c.208, s.6.
30:4-7.7 Definitions relative to testing of blood of patients at State psychiatric facilities.
1. As used in this act:
a. ~AIDS~ means acquired immune deficiency syndrome as defined by the Centers for Disease Control and Prevention of the United States Public Health Service.
b. ~HIV infection~ means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.
L.1997,c.361,s.1.
30:4-7.8 Blood testing required upon admission; information; guidelines for treatment.
2. a. An adult patient who is admitted for treatment at a State psychiatric hospital shall be required, upon admission, to submit to blood testing for hepatitis B, hepatitis C, and sexually transmitted diseases, as determined by the Commissioner of Human Services. The guardian, or the patient at a time appropriate to the patient@s psychiatric condition, shall be provided with information and counseling regarding the benefits of being tested for HIV infection. The guardian, or patient, shall then be presented with the option of HIV testing.
b. The Commissioner of Human Services shall develop guidelines for the treatment and confinement of a patient who tests positive to any disease specified in subsection a. of this section, in consultation with the Commissioner of Health and Senior Services, and in accordance with recommended protocols established by the Centers for Disease Control and Prevention of the United States Public Health Services.
c. All employees at a State psychiatric hospital shall be trained to use universal precautions to avoid infection with any sexually transmitted disease, hepatitis B or hepatitis C.
L.1997,c.361,s.2.
30:4-7.9 Rules, regulations.
3. Subject to the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services shall adopt all rules and regulations necessary to effectuate the purposes of this act.
L.1997,c.361,s.3.
|
