Sponsored by:
Assemblywoman MARGIE DONLON, M.D.
District 11 (Monmouth)
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
Co-Sponsored by:
Assemblyman Verrelli
SYNOPSIS
Permits individuals to establish voluntary nonopioid directives.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning voluntary nonopioid directives and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
“Authorized representative” means a parent or legal guardian of a minor, an individual's guardian, or other person appointed by the individual or court to manage the individual's health care.
"Health care facility" means a physician's office, or an acute care general hospital or any other health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).
"Health care professional" means a person licensed or certified to practice a health care profession pursuant to Title 45 of the Revised Statutes.
b. An individual who is 18 years of age or older, an emancipated minor, or a patient’s authorized representative may execute a voluntary nonopioid directive stating that an opioid may not be administered or prescribed to the individual.
c. A voluntary nonopioid directive shall be made on a form that shall be developed by the Department of Health and published on the department’s Internet website.
d. A voluntary nonopioid directive may be revoked at any time either orally or in writing by an individual or the individual’s authorized representative.
e. The Department of Health shall publicize information about voluntary nonopioid directives through various means, including social media.
f. A voluntary nonopioid directive submitted by a patient or the patient’s authorized representative to a health care professional or to a health care facility shall be entered into the patient’s electronic file in a manner that permits the patient or the patient’s authorized representative to access the directive.
g. Nothing in this act shall prevent an opioid from being prescribed to a patient if deemed medically necessary.
h. (1) A health care professional, a health care facility, or an employee of a health care professional or health care facility shall be immune from disciplinary action by the Department of Health or a licensing agency or board for any act that was done to comply with the provisions of this act.
(2) A health care professional, a health care facility, or an employee of a health care professional or health care facility shall be immune from any civil or criminal liability for failure to administer, prescribe, or dispense an opioid, and for inadvertent administration of an opioid, to an individual who has a voluntary nonopioid directive, if the act or the failure was reasonable and done in good faith.
2. The Commissioner of Health shall adopt rules and regulations, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this act.
3. This act shall take effect immediately.
STATEMENT
This bill permits individuals to establish voluntary nonopioid directives.
Under the bill, an individual who is 18 years of age or older, an emancipated minor, or a patient’s authorized representative, as this term is defined in the bill, may execute a voluntary nonopioid directive stating that an opioid may not be administered or prescribed to the individual.
A voluntary nonopioid directive is to be made on a form that is to be developed by the Department of Health and published on the department’s Internet website. Nothing in the bill is to prevent an opioid from being prescribed to a patient if deemed medically necessary.
A health care professional, a health care facility, or an employee of a health care professional or health care facility is to be immune from disciplinary action by the Department of Health or a licensing agency or board for any act that was done to comply with the bill’s provisions. Further, a health care professional, a health care facility, or an employee of a health care professional or health care facility is to be immune from any civil or criminal liability for failure to administer, prescribe, or dispense an opioid, and for inadvertent administration of an opioid, to an individual who has a voluntary nonopioid directive, if the act or the failure was reasonable and done in good faith.