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Protection of Conscience Project

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Service, not Servitude
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New Jersey

Assembly Bill 2270 (2014)

Aid in Dying for the Terminally Ill Act

Check the status of this bill at the New Jersey State Legislature

Note:  The following protection of conscience provisions are found in an assisted suicide bill [Full Text].  While at first glance the definition of "health care professional" appears to provide protection for nurses, licensed practical nurses and others, the protection is limited by the definition of "participating in this act" or "participation in this act" to physicians,  psychiatrists, psychologists and pharmacists.

Further, the definition of "participating in this act" or "participation in this act" excludes referral, so it would appear that the bill could be understood to require objectors to facilitate assisted suicide by referral.

Section 25 provides protection for health care facilities that will not allow assisted suicide on their premises for reasons of conscience or religion.

STATE OF NEW JERSEY
216th LEGISLATURE

Introduced 6 February, 2014


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Section 3

"Health care professional" means a person licensed to practice a 6 health care profession pursuant to Title 45 of the Revised Statutes.

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"Participating in this act" or "participation in this act" means to perform the duties of an attending physician or consulting physician, a psychiatrist or psychologist providing counseling, or a pharmacist dispensing medication, in accordance with the provisions of this act, but does not include: making an initial determination that a patient has a terminal disease and informing the patient of the medical prognosis; providing information about the provisions of this act to a patient upon the patient’s request; or providing a patient, upon the patient’s request, with a referral to another physician.

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Section 17(3)b

Any action taken by a health care professional to participate in this 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 this act, and the patient transfers his care to a new health care professional, the prior health care professional shall transfer, upon request, a copy of the patient's relevant records to the new health care professional.

Section 25. (New section)

a. As used in this section:

"Health care facility" or "facility" means a health care facility licensed pursuant to P.L.1971, c.,136 (C.26:2H-1 et seq.).

"Health care professional" means a person licensed to practice a health care profession pursuant to Title 45 of the Revised Statutes.

b. A health care facility may adopt a written policy to prohibit a health care professional from taking any action pursuant to sections 1 through 20 of P.L. , c. (C. ) (pending before the
Legislature as this bill) on the premises owned by, or under the direct control of, the facility if the facility has given prior written notice of the written policy to all health care professionals with privileges to practice on those premises. The provisions of this subsection shall not preclude a health care professional from providing to a patient any health care services to which the provisions of sections 1 through 20 of P.L. , c. (C. ) (pending before the Legislature as this bill) do not apply.

c. A health care professional who violates a written policy as set forth in subsection b. of this section, after being notified in writing of that policy, is subject to such of the following actions as the health care facility deems appropriate:

(1) the loss of privileges or membership, or other sanctions provided under the medical staff bylaws, policies, and procedures of the facility if the health care professional is a member of the medical staff at the facility and takes the prohibited action while on
the premises of that facility, but not including the private medical office of a physician or other provider; and

(2) the termination of a lease or other contract for the occupancy of real property or other nonmonetary remedy provided by the lease or contract if the health care professional takes the prohibited action while on the premises of the health care facility or on property that is owned by or under the direct control of the facility; provided, however, that no lease or other contract made on or after the effective date of this act shall authorize or permit any nonmonetary remedy for taking the prohibited action in the form of loss or restriction of medical staff privileges or exclusion from a managed
care plan health care provider network; or

 (3) the termination of a contract or other nonmonetary remedy provided by contract if the health care professional takes the prohibited action while acting in the course and scope of that individual’s capacity as an employee or independent contractor of
the health care facility, except that nothing in this subparagraph shall preclude:

(a) a health care professional from taking the prohibited action while acting outside the course and scope of that individual’s capacity as an employee or independent contractor; or

(b) a patient from contracting with the patient’s attending physician and consulting physician to act outside the course and scope of either physician’s capacity as an employee or independent contractor of the health care facility.

(4) A health care facility shall follow all otherwise applicable due process and other procedures that the facility may have in place relating to the imposition of sanctions on a health care professional.

 

 

 

 

 

 

 

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