2018 New Jersey Revised Statutes | Title 26: Health and Vital Statistics | Chapter 16: Medical Aid in Dying for the Terminally Ill Act
What follows are parts of the New Jersey Medical Aid in Dying for the Terminally Ill Act (MADTI Act) relevant to the exercise of freedom of conscience by health care workers.
See the Project commentary on the Act:
C.26:16-3 Definitions relative to medical aid in dying for the terminally ill.
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"Health care professional" means a person licensed to practice a health care profession pursuant to Title 45 of the Revised Statutes.
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"Health care provider" means a health care professional or health care facility.
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"Participate in this act" means to perform the duties of a health care provider in accordance with the provisions of [the MADTI Act], but does not include:
- making an initial determination that a patient is terminally ill and informing the patient of the medical prognosis;
- providing information about the provisions of [the MADTI Act] to a patient upon the patient’s request;
- or providing a patient, upon the patient’s request, with a referral to another health care provider.
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17.a(1) Except as provided in sections 18 and 19 of [the MADTI Act], a person shall not be subject to civil or criminal liability or professional disciplinary action or subject to censure, discipline, suspension, or loss of any licensure, certification, privileges, or membership, for any action taken in compliance with the provisions of [the MADTI Act], including being present when a qualified terminally ill patient self-administers medication prescribed pursuant to [the MADTI Act], or for the refusal to take any action in furtherance of, or to otherwise participate in, a request for medication pursuant to the provisions of [the MADTI Act]. A person who substantially complies in good faith with the provisions of [the MADTI Act] shall be deemed to be in compliance with its provisions.
17.a(2) Any action taken in accordance with the provisions of [the MADTI Act] shall not constitute patient abuse or neglect, suicide, assisted suicide, mercy killing, euthanasia, or homicide under any law of this State.
17.a(3) A patient's request for, or the provision of, medication in compliance with the provisions of [the MADTI Act] shall not constitute abuse or neglect of an elderly person or provide the sole basis for the appointment of a guardian or conservator.
17.b. The provisions of subsection a. of this section shall not apply to acts or omissions constituting gross negligence, recklessness, or willful misconduct.
17.c. Any action taken by a health care professional to participate in [the MADTI Act] shall be voluntary on the part of that individual. If a health care professional is unable or unwilling to carry out a patient's request under [the MADTI Act], and the patient transfers the patient’s care to a new health care professional or health care facility, the prior health care professional shall transfer, upon request, a copy of the patient's relevant records to the new health care professional or health care facility.