[First Reprint]

ASSEMBLY, No. 434

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman KELLY

 

 

An Act concerning do not resuscitate orders and supplementing Title 26 of the Revised Statutes.

 

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

 

    11. As used in this act, "do not resuscitate order" means a physician's written order not to attempt cardiopulmonary resuscitation in the event the patient who is under his care suffers a cardiac or respiratory arrest.1

 

    1[1.] 2.1 a. If a resident of a long-term care facility who was transferred to that facility from a hospital has not executed an advance directive for health care, a do not resuscitate order issued by the resident's attending physician in the hospital shall be operative in the long-term care facility to which the resident has been transferred, until the long-term care facility conducts a comprehensive assessment of the resident and establishes and implements a care plan, pursuant to the provisions of N.J.A.C.8:39-11.2. If the resident is discharged to a hospital and returns to the facility within 30 days of discharge, a do not resuscitate order issued by the resident's attending physician in the hospital 1shall be indicated on the hospital transfer form and1 shall be operative 1[until the long-term care facility conducts a reassessment in those areas in which the resident's needs have changed] for no more than 48 hours or until the resident's attending physician in the long-term care facility has had the opportunity to review the appropriateness of the transfer order.

    A do not resuscitate order issued by the resident's attending physician shall be subject to revocation at any time by the resident or the resident's legal representative1.

    b. A 1[private,]1 religiously-affiliated, long-term care facility may develop institutional policies and practices defining circumstances in which it will decline to participate in a do not resuscitate order issued by an attending physician in a hospital pursuant to subsection a. of this section. Such policies and practices shall be written, and shall be properly communicated to the resident and his family and, if appropriate, to the 1[health care] resident's legal1 representative 1[as defined pursuant to section 3 of P.L.1991, c.201 (C.26:2H-55),]1 prior to 1[or upon]1 the resident's admission1[, or as soon after admission as is practicable]1.

    If the long-term care facility's policies and practices appear to conflict with the legal rights of a resident, the long-term care facility shall attempt to resolve the conflict through 1[regional or local ethics committees] the dispute resolution process established by the long-term care facility pursuant to section 14 of P.L.1991, c.201 (C.26:2H-66) 1, and if a mutually satisfactory accommodation cannot be reached, shall take all reasonable steps to effect the appropriate, timely and respectful transfer of the resident to the care of another long-term care facility appropriate to the resident's needs, and shall assure that the resident is not abandoned or treated disrespectfully.

    1c. A long-term care facility or its trustees, directors, officers, employees, agents, servants or volunteers shall not be subject to criminal or civil liability for any actions performed in good faith and in accordance with the provisions of this act.1

 

    1[2.] 3.1 This act shall take effect immediately.

 

 

 

Requires long-term care facilities to accept do not resuscitate orders from hospitals until independent assessment is completed.