Note To §§1-3
P.L. 1997, CHAPTER 361, approved January 18, 1998
Senate, No. 1547 (Third Reprint)
An Act concerning the testing of patients at State psychiatric facilities for hepatitis B, 2hepatitis C,2 HIV infection and sexually transmitted diseases and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
a. "AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control and Prevention of the United States Public Health Service.
b. "HIV infection" means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.
2. a. 3[A] An adult3 patient who is admitted for treatment at a State psychiatric hospital shall be required, upon admission, to submit to 1blood1 testing for hepatitis B, 2hepatitis C,2 3[ HIV infection,]3 and 3 [ 1other1]3 sexually transmitted diseases 1[such as chancroid, gonorrhea, syphilis, herpes virus, or any of the varieties or stages of such diseases] , as determined by the Commissioner of Human Services. 3[ More extensive testing or examination to determine the presence of sexually transmitted diseases or stages of such diseases shall be performed within 90 days of a patient's admission or may be performed sooner, as appropriate to the patient's psychiatric condition.1] The guardian, or the patient at a time appropriate to the patient's psychiatric condition, shall be provided with information and counseling regarding the benefits of being tested for HIV infection. The guardian, or patient, shall then be presented with the option of HIV testing. 3
b. The Commissioner of Human Services shall develop guidelines for the treatment and confinement of a patient who tests positive to any disease specified in subsection a. of this section, in consultation with the Commissioner of Health and Senior Services, and in accordance with recommended protocols established by the Centers for Disease Control and Prevention of the United States Public Health Services.
1c. All employees at a State psychiatric hospital shall be trained 3[ how to interact with a patient who has hepatitis B, 2hepatitis C,2 HIV infection or any sexually transmitted disease. No employee shall be required to interact with a patient with any of these diseases unless so trained. Any employee who may come in contact with a patient who has any of these diseases shall be given advance notice, to the extent possible, that the patient has one of these diseases.1] to use universal precautions to avoid infection with any sexually transmitted disease, hepatitis B or hepatitis C.3
3. Subject to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services shall adopt all rules and regulations necessary to effectuate the purposes of this act.
4. This act shall take effect on the 60th day after enactment.
Requires hepatitis B, hepatitis C and sexually transmitted disease testing of adult patients at State psychiatric hospitals and provision of information concerning benefits of HIV testing.