New Jersey § 26:2h-5

§ 26:2h-5.

a. As used in this section: “ Health care facility ” or “ facility ” means a health care facility licensed pursuant to P.L.1971, c. 136 ( C.26:2H-1 et seq. ). “ Health care professional ” means a person licensed to practice a health care profession pursuant to Title 45

of the Revised Statutes. b. (1) The existing policies and procedures utilized by a health care facility shall,

to the maximum extent possible, govern the taking of any action by a health care professional

pursuant to sections 1 through 20 of P.L.2019, c. 59 ( C.26:16-1 et seq. ) on the premises owned by, or under the direct control of, the facility, except as

otherwise prescribed by regulation of the Commissioner of Health pursuant to paragraph

(4) of this subsection. (2) Any action taken by a health care facility to participate in P.L.2019, c. 59 ( C.26:16-1 et al.) shall be voluntary on the part of the facility. (3) A health care facility shall not be subject to a licensure enforcement action

by the Department of Health for any action taken in compliance with the provisions

of P.L.2019, c. 59 ( C.26:16-1 et al.). (4) The Commissioner of Health, pursuant to the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ), shall adopt such rules and regulations as are necessary to implement the provisions

of sections 1 through 20 of P.L.2019, c. 59 ( C.26:16-1 et seq. ), concerning their application to a health care facility and any action taken by

a health care professional on the premises owned by, or under the direct control of,

the facility. (5) The provisions of this subsection shall not preclude a health care facility or

health care professional from providing to a patient any health care services to which

the provisions of sections 1 through 20 of P.L.2019, c. 59 ( C.26:16-1 et seq. ) do not apply.