S606

An Act establishing the New Jersey Suicide Prevention Advisory Council, revising various parts of the statutory law, and supplementing Title 26 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2005, c.310 (C.18A:6-112) is amended to read as follows:

2. The State Board of Education, in consultation with the New Jersey [Youth Suicide Prevention Advisory Council established in the Department of Children and Families pursuant to P.L.2003, c.214 (C.30:9A-22 et seq.)] Suicide Prevention Advisory Council established in the Department of Health pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall, as part of the professional development requirement established by the State board for public school teaching staff members, require each public school teaching staff member to complete at least two hours of instruction in suicide prevention, to be provided by a licensed health care professional with training and experience in mental health issues, in each professional development period. The instruction in suicide prevention shall include information on the relationship between the risk of suicide and incidents of harassment, intimidation, and bullying and information on reducing the risk of suicide in students who are members of communities identified as having members at high risk of suicide.

(cf: P.L.2010, c.122, s.4)

2. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

"Alcohol and drug counselor" means a person who is a certified alcohol and drug counselor or a licensed clinical alcohol and drug counselor pursuant to P.L.1997, c.331 (C.45:2D-1 et seq.).

"Attempted suicide" or “suicide attempt”means destructive behavior intended by the actor to result in the actor's harm or death.

"Certified Domestic Violence Specialist" means a person who has fulfilled the requirements for certification as a Domestic Violence Specialist, which have beenestablished by the New Jersey Association of Domestic Violence Professionals.

"Completed suicide" means a death that is known or reasonably suspected to have resulted from an intentional act of the deceased, regardless of whether it has been ruled a suicide by a medical examiner.

"Council" means the New Jersey Suicide Prevention Advisory Council established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).

"Department" means the Department of Health.

"Teaching staff member" means a member of the professional staff of any school district, regional board of education, or the board of trustees of a charter school, or any board of education of a county vocational school, who holds an office, position, or employment of such character that the qualifications for the office, position, or employment require the member to hold a valid and effective standard, provisional, or emergency certificate, appropriate to the member's office, position, or employment, issued by the State Board of Examiners. Teaching staff member includes a school nurse and a school athletic trainer.

"Youth" means a person 24 years of age or younger.

3. (New section) a. Any teaching staff member, who, as a result of information obtained in the course of the person's employment, has reasonable cause to suspect or believe that a student has attempted or completed suicide, shall promptly report such information to the department in a form and manner prescribed by the department.

b. A nonpublic school is encouraged to require any member of its professional staff, who, as a result of information obtained in the course of the person's employment, has reasonable cause to suspect or believe that a student has attempted or completed suicide, to promptly report such information to the department in a form and manner prescribed by the department.

As used in this subsection, "nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education in grades K-12 or any combination thereof, at which a child may legally fulfill compulsory school attendance requirements.

c. Any licensed psychologist, social worker, marriage and family therapist, professional counselor, physician, physician assistant, alcohol and drug counselor, or registered nurse or licensed practical nurse licensed in this State pursuant to Title 45 of the Revised Statutes, who, as a result of information obtained in the course of the person's employment, has reasonable cause to suspect or believe that a youth has attempted or completed suicide, shall promptly report such information to the department in a form and manner prescribed by the department.

d. Any public health official, probation officer, employee of the Superior Court, Chancery Division, Family Part, Certified Domestic Violence Specialist, or member of a professional group identified by the New Jersey Suicide Prevention Advisory Council established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) as having a likelihood to know about suicide attempts and deaths, who, as a result of information obtained in the course of the person's employment, has reasonable cause to suspect or believe that a person has attempted or completed suicide, is encouraged to promptly report such information to the department in a form and manner prescribed by the department.

e. The reporting form established by the department shall not require the reporter to identify the person who attempted or completed suicideby name or other unique identifier, but may require the reporter to supply non-identifying demographic information about the person, as well as information about other suicideattempts made by the person, and the response or referral that was used to deal with the incident that is the subject of the report.

f. The reporting form shall be submitted to a designated employee of the department with responsibility for compiling data from the reports. Information contained in the reports shall not be considered a public record, but the department may aggregate the data for the purpose of preparing an annual report pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).

g. The department shall offer to provide persons who are required or encouraged to report an attempted or completed suicide with current information about public and private assistance available to survivors and families of attempted and completed suicides and professionals who deal with suicide.

h. The reporting of an attempted or completed suicide pursuant to this section shall not replace or alter any other requirement of law or professional standard or obligation that requires a person to evaluate a death or report an attempted or completed suicide.

i. Any person who reports an attempted or completed suicide pursuant to this act shall have immunity from any civil or criminal liability on account of that report, unless the person has acted in bad faith or with malicious purpose.

j. No provision of this act shall be deemed to require the disclosure of, or penalize the failure to disclose, any information which would be privileged pursuant to the provisions of sections 18 through 23, inclusive, of P.L.1960, c.52 (C.2A:84A-18 through 2A:84A-23).

4. (New section) The Commissioner of Health, in conjunction with the Commissioners of Human Services and Children and Families, shall develop and publicize, in consultation with the New Jersey Suicide Prevention Advisory Council established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), a public awareness campaign on suicide prevention and intervention, the goals of which shall be to:

a. increase voluntary reporting of suicides and attempts at suicide by professionals who are likely to know of suicides and attempts in the course of their employment;

b. increase referrals by these professionals to therapeutic services available to persons who contemplate or attempt suicide;

c. increase public awareness of the incidence and causes of suicide attempts and decrease the stigma currently associated with depression and suicide; and

d. encourage the use by families of short-term and long-term public and private mental health services, as well as other services, to reduce the incidence of attempted and completed suicides by youths.

5. (New section) a. The department shall compile data about reported attempted and completed suicides by persons in the State, without identifying any individuals involved.

b. The Commissioner of Health shall annually issue a report to the New Jersey Suicide Prevention Advisory Council established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), tothe Governor, and pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature containing a summary of the data compiled by the department that includes aggregate demographic information about persons who attempt or complete suicide. The report shall include any recommendations for legislation or regulatory changes that would aid in the collection of more accurate data or the provision of more effective suicide prevention and intervention.

c. The commissioner shall provide specific findings about completedsuicides and attempted suicides to the council, as soon as possible, to assist the council in fulfilling its responsibility under P.L. , c. (C. ) (pending before the Legislature as this bill) to make recommendations about suicide prevention and intervention.

6. (New section) a. The Commissioner of Children and Families, in consultation with the Department of Human Services, and the New Jersey Suicide Prevention Advisory Council established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall develop and adopt a Statewide youth suicide prevention plan no later than 180 days after the effective date of this act.

b. The plan shall address, but not be limited to, the:

(1) identification of existing State and local sources of data concerning youth suicide deaths, youth suicide attempts, and self-inflicted injuries by youth;

(2) coordination and sharing of such data among identified State and local sources;

(3) promotion of greater public awareness about youth suicide prevention services and resources;

(4) identification of barriers to accessing mental health and substance abuse services, and opportunities to enhance access; and

(5) promotion of evidenced-based and best practice programs, listed on the Suicide Prevention Resource Center's Best Practices Registry, for the prevention and treatment of youth suicide and self-injury.

7. (New section) There is established in the Department of Health the New Jersey Suicide Prevention Advisory Council.

a. The purpose of the council shall be to:

(1) examine existing needs and services provided by the State and make recommendations to all suicide prevention entities operating under statutory authority for reporting, prevention, and intervention of suicide; advise suicide prevention entities on the content of informational materials to be made available to persons who report an attempted or completed suicide; and advise the entities in the adoption of any regulations the Commissioner of Health deems necessary to carry out the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(2) aggregate data from its members’ respective suicide prevention entities, if applicable; make findings on completed suicides and suicide attempts, in a manner that is not violative of federal privacy laws under the "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191, or any regulations promulgated thereunder by the Secretary of the U.S. Department of Health and Human Services; and share those findings and aggregated data with all member participants to report back to their respective suicide prevention entities.

b. The council shall consist of 19 members as follows:

(1) the Commissioners of Health, Human Services, Children and Families, Corrections, and Education, the Secretary of Higher Education, the Adjutant General of the Department of Military and Veterans' Affairs, the Executive Director of the Board of Directors of NJ Transit, and the Chief Technology Officer of the Office of Information Technology, or their designees; except that if one of these members has a suitable prevention or mental health entity operating under the control of the member's department, corporation, or office, as applicable, the member shall select a member of that entity as a member of the council, who shall serve ex officio;

(2) four public members appointed by the Governor, three of whom are each faculty members at institutions of higher education who have expertise in the area of mental health; and one of whom is eithera law enforcement officer in the Office of the Attorney General with expertise related to suicide, or a mental health professional;

(3) three public members appointed by the President of the Senate, one of whom has experience as a mental health professional in the private sector with experience in youth suicide prevention and counseling, one of whom has experience as a psychiatrist in the private sector in the provision of services to elderly persons, and one of whom is a licensed clinical alcohol and drug counselor who is also a licensed clinical social worker with experience working with individuals in crisis; and

(4) three public members appointed by the Speaker of the General Assembly, each of whom is a current or former mental health professional with experience providing services in a secondary school.

c. The public members shall be appointed no later than 60 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).

d. The public members shall serve for a term of five years; but, of the members first appointed, four shall serve for a term of three years, three for a term of four years, and three for a term of five years. Members are eligible for reappointment upon the expiration of their terms. Vacancies in the membership of the council shall be filled in the same manner provided for the original appointments.

e. The council shall organize as soon as practicable following the appointment of its members, and shall select a chairperson and vice-chairperson from among the members. The chairperson shall appoint a secretary who need not be a member of the council.

f. The public members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties and within the limits of funds available to the council.

g. The council shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes.

h. The Department of Health shall provide staff support to the council.

i. The council shall, at a minimum, meet every other month and may meet more frequently as needed, based on a vote of a majority of the members of the council.

8. (New section) Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the New Jersey Youth Suicide Prevention Advisory Council or the New Jersey Elderly Person Suicide Prevention Advisory Council, the same shall mean and refer to the New Jersey Suicide Prevention Advisory Council, established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), in the Department of Health.

9. The Commissioner of Health shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules and regulations as the commissioner deems necessary to carry out the provisions of this act.

10. The following sections are repealed:

Sections 1 through 4 of P.L.2005, c.274 (C.26:2MM-1 through C.26:2MM-4); and

Sections 1 through 7 of P.L.2003, c.214 (C.30:9A-22 through C.30:9A-28).

11. This act shall take effect immediately.

STATEMENT

This bill establishes the New Jersey Suicide Prevention Advisory Council in the Department of Health (DOH). The council would serve as the sole advisory council in the State that deals with issues of suicide prevention. Currently, there are two such councils, the New Jersey Youth Suicide Prevention Advisory Council in the Department of Children and Families and the New Jersey Elderly Person Suicide Prevention Advisory Council in the Department of Human Services. By establishing one council, relevant information may be shared among all council members.

The 19-member New Jersey Suicide Prevention Advisory Council established under the bill would examine existing needs and services for all those at risk of suicide, and would make recommendations to any suicide prevention entity operating under statutory authority.

The eight ex officio members would include the Commissioners of Health, Human Services, Children and Families, Corrections, and Education, the Secretary of Higher Education, the Adjutant General of the Department of Military and Veterans' Affairs, the Executive Director of the Board of Directors of NJ Transit, and the Chief Technology Officer of the Office of Information and Technology, or their designees, except that if one of these members has a suitable prevention or mental health entity operating under their control, the member would be required to select a member of that entity to act as a member of the council.

The Governor would appoint four public members, three of whom would be higher education faculty members with expertise in the area of mental health, and one of whom would be either a law enforcement officer in the Office of the Attorney General with expertise related to suicide, or a mental health professional.

The President of the Senate would appoint three public members, one of whom has experience as a mental health professional in the private sector with experience in youth suicide prevention and counseling, one of whom has experience as a psychiatrist in the private sector in the provision of services to elderly persons, and one of whom is a licensed clinical alcohol and drug counselor who is also a licensed clinical social worker with experience working with individuals in crisis.

The Speaker of the General Assembly would also appoint three public members, each of whom is to be a current or former mental health professional in a secondary school.

The bill would repeal sections 1 through 4 of P.L.2005, c.274 (C.26:2MM-1 through C.26:2MM-4), which established the New Jersey Elderly Person Suicide Prevention Advisory Council, and sections 1 through 7 of P.L.2003, c.214 (C.30:9A-22 et seq.), which gave certain relevant duties to the Departments of Children and Families and Human Services, since the bill is establishing a single council in the Department of Health, the duties and responsibilities of which are covered under Title 26 of the Revised Statutes.