New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 32 - ADVANCE DIRECTIVES FOR MENTAL HEALTH CARE
Subchapter 1 - SCOPE AND PURPOSE
Section 10:32-1.5 - Policies at psychiatric facilities
Universal Citation: NJ Admin Code 10:32-1.5
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Every psychiatric facility listed at 30:1-7 shall develop policies and procedures that require appropriate clinical staff to:
1. Inform current patients of:
i. The availability of advance directives for
mental health; and
ii. The
availability of the State's voluntary registry;
2. Assist patients in executing advance
directives for mental health;
3.
Make a routine inquiry of each patient admitted and the referring or committing
physician or screening service, at the time of admission, or at such other
times as are appropriate under the circumstances, concerning the existence and
location of an advance directive for mental health care;
4.Provide appropriate informational materials
concerning advance directives for mental health care, including standard forms
approved by the Division of Mental Health and Addiction Services, located at
N.J.S.A. 10:32 Appendix A, incorporated herein by reference, and information
about the DMHAS Registry, established pursuant to
10:32-2.1, to all interested
patients and their families and mental health care representatives;
5. Assist patients who express an interest in
discussing and executing an advance directive for mental health care in doing
so, as well as to encourage and enable patients to periodically review their
advance directives for mental health care as needed and to consult with an
advocate if they wish to do so;
6.
Inform mental health care professionals of their rights and responsibilities
under P.L.
2005, c. 233
(26:2H-102 et seq.) and these
rules, including the responsibility to defer to a patient's mental health care
representative or advance directive unless doing so would:
i. Violate an accepted standard of mental
health care or treatment under the circumstances of the patient's mental health
condition, including past responses to requested or proposed
treatments;
ii. Require the use of
a form of care or treatment that is not available to the mental health care
professional responsible for the provision of mental health services to the
patient;
iii. Violate a court order
or provision of statutory law; or
iv. Endanger the life or health of the
patient or another person;
7. Inform staff that a mental health care
professional who intentionally fails to act in accordance with the requirements
of the Act is subject to discipline for professional misconduct pursuant to
section 8 of P.L. 1978, c. 73 (45:1-21);
8. Provide training for staff that includes a
forum for discussion and consultation regarding the requirements of
P.L.
2005, c. 233
(26:2H-102 et seq.) and these rules
for staff and clients, as well as a discussion of the criminal penalties that
can be assessed for noncompliance with the Act;
9. Establish procedures that provide for
staff consultation with an institutional ethics committee; designate a person
to resolve disputes; and provide for referrals to the Attorney General in order
to seek resolution by a court of competent jurisdiction in the event of
disagreement among the patient, mental health care representative and
responsible mental health care professional concerning the patient's
decision-making capacity or the appropriate interpretation and application of
the provisions of an advance directive for mental health care to the patient's
course of treatment;
10. Prohibit
any employee from acting as a mental health care representative for a current
or former client of the hospital unless that designation is approved by the
facility chief executive officer;
11. Establish procedures for gathering data
required by
10:32-1.4;
12. Document in a patient's chart when the
responsible mental health care professional and a corroborating mental health
care professional determine that an individual lacks capacity to make a mental
health decision and when the patient has been determined to have regained the
capacity to make that decision;
13.
Document the date, time, and nature of any decision about the patient's care
that is made pursuant to an advance directive, whether through a mental health
care representative or by operation of an instruction; and
14. Document any override of an advance
directive and the reason therefor.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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