New Jersey
Assembly Bill A2270 (2014)
Aid in Dying for the Terminally Ill Act
Original
Introduction
The following protection of conscience provisions are found in an assisted suicide bill. While at first glance the definition of "health care professional" appears to provide protection for nurses, licensed practical nurses and others.
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 some protection for health care facilities that will
not allow assisted suicide on their premises for reasons of conscience
or religion, but the extent of protection would depend upon regulations issued by the Commissioner of Health.
The following text was passed by the Assembly and sent to the Senate. It was referred to the Senate Health, Human Services and Senior Citizens Committee in December, 2014 and did not proceed futher.
[Administrator]
Third Reprint
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Section 3
"Health care professional" means a person licensed to practice a health
care profession pursuant to Title 45 of the Revised Statutes.
“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 P.L. , c. (C. ) (pending before the Legislature as this bill), 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 this 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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Section 17(3)b
Any action taken by a health care professional to participate in P.L. , c. (C. ) (pending before the Legislature as this bill)
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 P.L. , c. (C. ) (pending before the Legislature as this bill), and the patient transfers his 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.
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. (1) The existing policies and procedures utilized by a health care facility shall, to the maximum extent possible, govern the taking of any action by a health care professional 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 except as otherwise prescribed by regulation of the Commissioner of Health pursuant to paragraph (4) of this subsection.
(2) Any action taken by a health care facility to participate in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be voluntary on the part of the facility.
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(4) The Commissioner of Health, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to implement the provisions of sections 1 through 20 of P.L. ,c. (C. ) (pending before the Legislature as this bill), concerning their application to a health care facility and any action taken by a health care professional on the premises owned by, or under the direct control of, the facility.