New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 41 - OFFICE OF THE OMBUDSPERSON FOR THE INSTITUTIONALIZED ELDERLY PRACTICE AND PROCEDURE RULES
Subchapter 2 - PROCEDURES REQUIRED PRIOR TO WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING TREATMENT FROM ELDERLY, INSTITUTIONALIZED RESIDENTS
Section 17:41-2.1 - Purpose
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The purpose of this subchapter is to clarify the Office's role in circumstances involving proposals to withhold or to withdraw life-sustaining treatment for residents of facilities, pursuant to guidelines set forth by the New Jersey Supreme Court in the cases of Matter of Farrell, 108 N.J. 335 (1987), Matter of Peter, 108 N.J. 365 (1987), Matter of Jobes, 108 N.J. 394 (1987), and Matter of Conroy, 98 N.J. 321 (1985). The Office views its role as being two-fold:
(b) Where there is no clear "duty to report" as outlined in 17:41-2.3, the Office is available to provide technical support, assistance, and dispute resolution, should there be disagreement regarding the withholding or withdrawal of life-sustaining treatment, whether or not the resident has the capacity to make a healthcare decision, and whether or not an Advance Directive ("Living Will") or Proxy Directive ("Durable Power of Attorney for Health Care" or "Physician Orders for Life Sustaining Treatment") is involved. The Office's function in any such situation is to promote, advocate, and ensure the rights of the institutionalized elderly resident, pursuant to New Jersey Supreme Court guidelines and the guideposts set forth in the New Jersey Advance Directives for Health Care Act, 26:2H-53 et seq., and the Physician Orders for Life-Sustaining Treatment Act, 26:2H-129 et seq.
