New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 32 - ADVANCE DIRECTIVES FOR MENTAL HEALTH CARE
Subchapter 1 - SCOPE AND PURPOSE
Section 10:32-1.3 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Adult" means an individual 18 years of age or older.

"Advance directive for mental health care" or "advance directive" means a writing executed in accordance with the requirements of 26:2H-107. An "advance directive" may include a proxy directive, an instruction directive, or both.

"Decision-making capacity" means a patient's ability to understand and appreciate the nature and consequences of mental health care decisions, including the benefits and risks of each, and alternatives to any proposed mental health care, and to reach an informed decision. A patient's decision-making capacity is evaluated relative to the demands of a particular mental health care decision.

"Declarant" means a competent adult who executes an advance directive for mental health care.

"Department" means the Department of Human Services.

"Division" or "DMHAS" means the Division of Mental Health and Addiction Services in the Department of Human Services.

"DMHAS registry" means the registry for advance directives established by the Division of Mental Health and Addiction Services pursuant to section 17 of P.L. 2005, c. 233 (30:4-177.5 9).

"Domestic partner" means a domestic partner as defined in section 3 of P.L. 2003, c. 246 (26:8A-3) .

"Inpatient" means a person who has been admitted for treatment to a State psychiatric facility listed in 30:1-7.

"Instruction directive" means a writing which provides instructions and direction regarding the declarant's wishes for mental health care in the event that the declarant subsequently lacks decision-making capacity.

"Licensed independent practitioner" means an individual permitted by law to provide mental health care services without direct supervision, within the scope of the individual's license to practice in the State of New Jersey pursuant to 45:1-1 et seq., and may include physicians, advanced practice nurses, licensed clinical social workers, and psychologists.

"Mental health care decision" means a decision to accept or refuse any treatment, service or procedure used to diagnose, treat or care for a patient's mental condition. Mental health care decision also means a decision to accept or refuse the services of a particular mental health care professional or psychiatric facility, including a decision to accept or to refuse a transfer of care.

"Mental health care professional" means an individual licensed or certified by this State to provide or administer mental health care in the ordinary course of business or practice of a profession.

"Mental health care representative" means the individual designated by a declarant pursuant to the proxy directive part of an advance directive for mental health care for the purpose of making mental health care decisions on the declarant's behalf, and includes an individual designated as an alternate mental health care representative who is acting as the declarant's mental health care representative in accordance with the terms and order of priority stated in an advance directive for mental health care.

"Patient" means an individual who is under the care of a mental health care professional.

"Proxy directive" means a writing which designates a mental health care representative in the event that the declarant subsequently lacks decision-making capacity.

"Responsible mental health care professional" means a licensed independent practitioner who is selected by, or assigned to, the patient and has primary responsibility for the care and treatment of the patient. For purposes of determining whether a patient, who has executed an advance directive for mental health care, has or does not have the capacity to make a particular mental health treatment decision, a physician, advanced practice nurse, or psychologist on the declarant's treatment team may function as a responsible mental health care professional, but for all other purposes, each member of the State hospital treatment team assigned to the declarant may be considered a "responsible mental health care professional."