New Jersey § 26:2h-139

§ 26:2h-139.

a. A health care professional who intentionally fails to act in accordance with the

requirements of this act 1 is subject to discipline for professional misconduct pursuant to section 8 of P.L.1978,

c. 73 ( C.45:1-21 ). b. A health care institution that intentionally fails to act in accordance with the

requirements of this act shall be liable to a civil penalty of not more than $1,000

for each offense. For the purposes of this subsection, each violation shall constitute a separate

offense. The civil penalty shall be collected in a summary proceeding, brought in the name

of the State in a court of competent jurisdiction pursuant to the “Penalty Enforcement

Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ). c. An emergency care provider subject to regulation by the Department of Health who intentionally fails to act in accordance with the requirements of this act is

subject to such disciplinary measures as the commissioner deems necessary and within

his statutory authority to impose. d. A person who commits any of the following acts is guilty of a crime of the fourth

degree: (1) willfully concealing, canceling, defacing, obliterating, or withholding personal

knowledge of a completed POLST form or a modification or revocation thereof, without

the patient's consent; (2) falsifying or forging a completed POLST form or a modification or revocation thereof

of another person; (3) coercing or fraudulently inducing the completion of a POLST form or a modification

or revocation thereof; or (4) requiring or prohibiting the completion of a POLST form or a modification or revocation

thereof as a condition of coverage under any policy of health or life insurance or

an annuity, or a public benefits program, or as a condition of the provision of health

care. e. The commission of an act identified in paragraph (1), (2), or (3) of subsection

d. of this section, which results in the involuntary earlier death of a patient, shall

constitute a crime of the first degree. f. The provisions of this section shall not be construed to repeal any sanctions applicable

under any other law. 1

L.2011, c. 145 (N.J.S.A. §§ 26:2H-129 through 26:2H-140).