New Jersey § 26:2h-12

§ 26:2h-12.

a. Unless required by State or federal law, a long-term care facility shall not disclose

any personal identifying information regarding: (1) a resident's sexual orientation;

(2) whether a resident is transgender or undesignated/non-binary; (3) a resident's

gender transition status; (4) a resident's intersex status; or (5) a resident's

HIV status. The facility shall take appropriate steps to minimize the likelihood of inadvertent

or accidental disclosure of such information to other residents, visitors, or facility

staff, except to the minimum extent necessary for facility staff to perform their

duties. b. Unless expressly authorized by the resident or the resident's authorized representative,

long-term facility staff not directly involved in providing direct care to a resident,

including, but not limited to, a transgender, undesignated/non-binary, intersex, or

gender-nonconforming resident, shall not be present during a physical examination

of, or the provision of personal care to, that resident if the resident is partially

or fully unclothed. A facility shall use doors, curtains, screens, or other effective visual barriers

to provide bodily privacy for all residents, including, but not limited to, transgender,

undesignated/non-binary, intersex, or gender-nonconforming residents, whenever they

are partially or fully unclothed. c. Informed consent shall be required in relation to any non-therapeutic examination

or observation of, or treatment provided to, a resident of the facility. d. Transgender residents shall be provided access to such transition-related assessments,

therapy, and treatments as have been recommended by the resident's health care provider,

including, but not limited to, transgender-related medical care, including hormone

therapy and supportive counseling.