New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 48B - DECISION-MAKING FOR THE TERMINALLY ILL
Subchapter 6 - INDIVIDUALS WITHOUT CAPACITY TO MAKE MEDICAL TREATMENT DECISIONS FOR WHOM BGS IS NOT PROVIDING GUARDIANSHIP SERVICES
Section 10:48B-6.1 - Individuals without capacity to make medical treatment decisions for whom BGS is not providing guardianship services
Universal Citation: NJ Admin Code 10:48B-6.1
Current through Register Vol. 56, No. 18, September 16, 2024
(a) If the treating practitioner has determined that a terminally ill individual or an individual in a permanently unconscious state, not receiving guardianship services from BGS, lacks the capacity to make major medical decisions, decision-making in regard to medical treatment shall proceed according to the following guidelines:
1. If the individual
has a guardian other than BGS and is in a healthcare facility operated or
funded by the Division, a DNR Order or an order for the withholding or
withdrawing of LSMT may be issued upon the recommendation of the treating
practitioner and with the consent of the private guardian. An Ethics Committee
review, independent of the healthcare facility, can occur if requested by the
treating practitioner, the legal guardian, or an interested party. The head of
service of the Division component responsible for the individual, or his or her
designee, shall provide written notice of the entry of the order to
Disabilities Rights New Jersey (DRNJ) no later than the next business day;
2. If the individual is in a
health care facility not funded by the Division, decision-making regarding the
issuance of a DNR Order or the withholding or withdrawing of LSMT shall be
addressed in accordance with the policies, procedures, and practices of the
health care facility; and
3. If it
is determined and confirmed by a second physician that the individual lacks the
capacity to make medical treatment decisions and the individual does not have a
guardian appointed for him or her, an emergent application for the appointment
of a guardian should be initiated.
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