[Second Reprint]

ASSEMBLY, No. 5595

STATE OF NEW JERSEY

221st LEGISLATURE

INTRODUCED MAY 5, 2025

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)

Senator  VIN GOPAL

District 11 (Monmouth)

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

Co-Sponsored by:

Assemblymen Verrelli, Atkins, Assemblywomen Peterpaul, Murphy, Speight, Bagolie, Assemblyman Freiman, Assemblywoman Drulis, Assemblyman Moen, Assemblywoman Swain, Assemblyman Tully, Senators Schepisi, Burgess, Turner and Ruiz

SYNOPSIS

     Permits individuals to establish voluntary nonopioid directives.

CURRENT VERSION OF TEXT

     As amended on January 12, 2026 by the General Assembly pursuant to the Governor's recommendations.

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.  ²This directive shall not apply to intraoperative procedures requiring general anesthesia.²

     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.  ²The form shall include information on circumstances in which the directive would not be applicable.²

     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.  ²The Department of Health may designate a secure common repository for nonopioid directives to be accessed by licensed healthcare professionals and pharmacists in accordance with all State and federal health privacy laws and in a manner determined by the department.²

     g.    Nothing in this act shall prevent an opioid from being prescribed ¹or administered¹ 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 ¹the intentional or¹ 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.    ²a.²  The Commissioner of Health ²[shall] may² 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.

²b.  The Division of Consumer Affairs may 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.²

     3.    This act shall take effect ²[immediately] on the first day of the 13th month after enactment².