ASSEMBLY HEALTH COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1608

STATE OF NEW JERSEY

DATED: JUNE 20, 1996

      The Assembly Health Committee reports favorably Assembly Bill No. 1608.

      This bill grants the Commissioner of Health the authority to: issue an order protecting the public health if the public health or the health of any person is endangered by a case of TB or a suspected case of TB, and to make application to the court for enforcement of that order; and to temporarily commit a person to a hospital or other place for examination or treatment if the person is the subject of an order issued by the commissioner, without prior court order. The commissioner is required to make an application for a court order continuing the commitment within five days after the commitment, or, if the five-day period ends on a Saturday, Sunday or legal holiday, by the end of the first business day following the Saturday, Sunday or legal holiday, which application shall include a request for an expedited hearing.

      The bill provides that a person shall not be held for more than 10 days without a court order authorizing the commitment, and that the commissioner shall seek further court review of the commitment within 90 days following the initial court order authorizing transfer and thereafter within 90 days of each subsequent court review.

      The bill repeals R.S.30:9-57 (which provides for the commitment of persons with communicable TB to a hospital or other institution designated by the Commissioner of Health), the provisions of which are obviated by this bill.

      The bill would take effect on the 60th day after the date of enactment.