N.J. Admin. Code § 10A:16-5.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10A:16-5.1 - Express written consent required

(a) The express written consent of the inmate shall be required for:

1. Surgery;

2. Invasive procedures; and

3. Medical and dental procedures governed by informed consent standards in the community.

(b) In order to obtain written informed consent, the EHR Consent for Treatment form shall be read, completed in its entirety, and signed by the inmate or guardian and a witness. The contents of the form shall be presented verbally to illiterate inmates, inmates not sufficiently conversant with the English language, and inmates otherwise unable to read due to a physical/medical inability. Notation of verbal notice shall be recorded on the form. The signed consent form shall be maintained in the inmate's MRF.

(c) The inmate or guardian must:

1. Have legal capacity to give written consent and be able to exercise free choice without any element of force or coercion; and

2. Be informed of the:

i. Nature, duration and purpose of the procedure;

ii. Known alternative(s), if any, to the procedure;

iii. Known inconveniences, discomforts and risks that may occur; and

iv. Known effects upon health or person which can be reasonably expected.

(d) Information regarding the procedure shall be provided to the inmate by the health care provider staff.

(e) If there is doubt as to the inmate's mental capacity to make an informed decision, the inmate shall be examined by the psychologist or psychiatrist and the Director of Health Services shall be notified.

N.J. Admin. Code § 10A:16-5.1

Amended by 49 N.J.R. 2800(a), effective 8/21/2017