Saturday, November 14, 2015

26:2H-114 Additional rights, responsibilities of psychiatric facility.

26:2H-114  Additional rights, responsibilities of psychiatric facility.



13.  In addition to any rights and responsibilities recognized or imposed by or pursuant to this act, or any other law, a psychiatric facility shall have the following responsibilities:

a.A psychiatric facility shall adopt such policies and practices as are necessary to provide for routine inquiry, at the time of admission, and at such other times as are appropriate under the circumstances, concerning the existence and location of an 
advance directive for mental health care.

b.A psychiatric facility shall adopt such policies and practices as are necessary to provide appropriate informational materials concerning advance directives for mental health care to all interested patients and their families and mental health care representatives, and to assist patients interested in discussing and executing an 
advance directive for mental health care. 

c.In situations in which a transfer of care is necessary, including a transfer for the purpose of effectuating a patient's wishes pursuant to an 
advance directive for mental health care, a psychiatric facility shall, in consultation with the responsible mental health care professional, take all reasonable steps to effect the appropriate, respectful and timely transfer of the patient to the care of an alternative mental health care professional or psychiatric facility, as necessary, and shall assure that the patient is not abandoned or treated disrespectfully.  In those circumstances, a psychiatric facility shall assure the timely transfer of the patient's medical records, including a copy of the patient's advance directive for mental health care. 

d.A psychiatric facility shall establish procedures and practices for dispute resolution in accordance with section 14 of this act. 

e.A psychiatric facility shall adopt such policies and practices as are necessary to:  inform mental health care professionals of their rights and responsibilities under this act; assure that those rights and responsibilities are understood; and provide a forum for discussion and consultation regarding the requirements of this act. 

L.2005,c.233,s.13.
 26:2H-115  Procedures, practices for resolving disagreements.
14.  a.  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, the parties may seek to resolve the disagreement by means of procedures and practices established by the psychiatric facility, including but not limited to, consultation with an institutional ethics committee, or with a person designated by the psychiatric facility for this purpose, or may seek resolution by a court of competent jurisdiction. 

b.A mental health care professional involved in the patient's care, other than the responsible  mental health care professional, or an administrator of a psychiatric facility may also invoke the dispute resolution process established by the psychiatric facility to seek to resolve a disagreement concerning the patient's decision-making capacity or the appropriate interpretation and application of the provisions of an 
advance directive for mental health care. 

L.2005,c.233,s.14.
 26:2H-116  Construction of act; severability.
15.  The provisions of this act shall not be construed to supersede any court order relating to, or the provisions of any other statute governing, commitment or admission to a psychiatric facility or the provision of mental health care, including, but not limited to, P.L.1987, c.116 (C.30:4-27.1 et seq.).  Any conflict between a court order or the provisions of another statute and the provisions of an 
advance directive for mental health care, which renders those provisions of the advance directive invalid, shall not be deemed to invalidate any other provisions of the advance directive that do not conflict with the court order or statute.

L.2005,c.233,s.15.
 26:2H-117  Rules, regulations relative to psychiatric facilities operated by the Department of Health.
16.In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health, in consultation with the Commissioner of Human Services, shall adopt rules and regulations, with respect to psychiatric facilities licensed by the Department of Health, to:

a.provide for the annual reporting by those psychiatric facilities to the Department of Health, and the gathering of such additional data, as is reasonably necessary to oversee and evaluate the implementation of this act; except that the commissioner shall seek to minimize the burdens of record-keeping imposed by the rules and regulations and ensure the appropriate confidentiality of patient records; and

b.require those psychiatric facilities to adopt policies and practices designed to: 

(1)make routine inquiry, at the time of admission and at such other times as are appropriate under the circumstances, concerning the existence and location of an 
advance directive for mental health care;

(2)provide appropriate informational materials concerning advance directives for mental health care, including information about the registry of advance directives for mental health care established or designated pursuant to section 17 of this act, to all interested patients and their families and mental health care representatives, and to assist patients interested in discussing and executing an 
advance directive for mental health care, as well as to encourage declarants to periodically review their advance directives for mental health care as needed;

(3)inform mental health care professionals of their rights and responsibilities under this act, to assure that the rights and responsibilities are understood, and to provide a forum for discussion and consultation regarding the requirements of this act; and

(4)otherwise comply with the provisions of this act.

L.2005, c.233, s.16; amended 2012, c.17, s.249.
 26:2H-118  Joint evaluation, report to Governor, Legislature.
18.The Department of Health and the Department of Human Services shall jointly evaluate the implementation of this act and report to the Governor and the Legislature, including recommendations for any changes deemed necessary, within five years after the effective date of this act.

L.2005, c.233, s.18; amended 2012, c.17, s.250.

1 comment:

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