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New Jersey Statutes Title 26. Health and Vital Statistics 26 § 2H-125

Current as of January 01, 2024 | Updated by Findlaw Staff

a. A mental health care professional who intentionally fails to act in accordance with the requirements of this act is subject to discipline for professional misconduct pursuant to section 8 of P.L.1978, c. 73 (C.45:1-21).

b. A psychiatric facility that intentionally fails to act in accordance with the requirements of this act shall be subject to a fine of not more than $1,000 for each offense. For the purposes of this subsection, each violation shall constitute a separate offense. Penalties for violations of this act shall be recovered in a summary civil proceeding, brought in the name of the State in a court of competent jurisdiction pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c. 274 (C.2A:58-10 et seq.).

c. It shall be a crime of the fourth degree for a person to:

(1) willfully conceal, cancel, deface, obliterate or withhold personal knowledge of an advance directive for mental health care, or a modification, revocation or suspension thereof, without the declarant's consent;

(2) falsify or forge an advance directive for mental health care of another person, or a modification, revocation or suspension thereof;

(3) coerce or fraudulently induce the execution of an advance directive for mental health care, or a modification, revocation or suspension, thereof; or

(4) require or prohibit the execution of an advance directive for mental health care, or a modification, revocation or suspension thereof, as a condition of coverage under any policy of health insurance, life insurance or annuity, or governmental benefits program, or as a condition of the provision of health care.

d. The sanctions provided in this section shall not be construed to repeal any sanctions applicable under other law.

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Cite this article: FindLaw.com - New Jersey Statutes Title 26. Health and Vital Statistics 26 § 2H-125 - last updated January 01, 2024 | https://codes.findlaw.com/nj/title-26-health-and-vital-statistics/nj-st-sect-26-2h-125/

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