New Jersey § 26:2h-60

§ 26:2h-60.

a. The attending physician shall determine whether the patient lacks capacity to make

a particular health care decision. The determination shall be stated in writing, shall include the attending physician's

opinion concerning the nature, cause, extent, and probable duration of the patient's

incapacity, and shall be made a part of the patient's medical records. b. The attending physician's determination of a lack of decision making capacity shall

be confirmed by one or more physicians. The opinion of the confirming physician shall be stated in writing and made a part

of the patient's medical records in the same manner as that of the attending physician. Confirmation of a lack of decision making capacity is not required when the patient's

lack of decision making capacity is clearly apparent, and the attending physician

and the health care representative agree that confirmation is unnecessary. c. If the attending physician or the confirming physician determines that a patient

lacks decision making capacity because of a mental or psychological impairment or

a developmental disability, and neither the attending physician or the confirming

physician has specialized training or experience in diagnosing mental or psychological

conditions or developmental disabilities of the same or similar nature, a determination

of a lack of decision making capacity shall be confirmed by one or more physicians

with appropriate specialized training or experience. The opinion of the confirming physician shall be stated in writing and made a part

of the patient's medical records in the same manner as that of the attending physician. d. A physician designated by the patient's advance directive as a health care representative

shall not make or confirm the determination of a lack of decision making capacity. e. The attending physician shall inform the patient, if the patient has any ability

to comprehend that he has been determined to lack decision making capacity, and the

health care representative that: (1) the patient has been determined to lack decision

making capacity to make a particular health care decision; (2) each has the right

to contest this determination; and (3) each may have recourse to the dispute resolution

process established by the health care institution pursuant to section 14 of P.L.1991, c. 201 ( C.26:2H-66 ) . Notice to the patient and the health care representative shall be documented in the

patient's medical records. f. A determination of lack of decision making capacity under this act is solely for

the purpose of implementing an advance directive in accordance with the provisions

of this act, and shall not be construed as a determination of a patient's incapacity for any other purpose. g. For purposes of this section, a determination that a patient lacks decision making

capacity shall be based upon, but need not be limited to, evaluation of the patient's

ability to understand and appreciate the nature and consequences of a particular health

care decision, including the benefits and risks of, and alternatives to, the proposed

health care, and to reach an informed decision.