New Jersey § 2a:62a-1

§ 2a:62a-1.

a. If an individual's actual health care facility duty, including on-call duty, does

not require a response to a patient emergency situation, a health care professional

who, in good faith, responds to a life-threatening emergency or responds to a request

for emergency assistance in a life-threatening emergency within a hospital or other

health care facility, is not liable for civil damages as a result of an act or omission

in the rendering of emergency care. The immunity granted pursuant to this section shall not apply to acts or omissions

constituting gross negligence, recklessness , or willful misconduct. b. The provisions of subsection a. of this section shall not apply to a health care

professional if a provider-patient relationship existed before the emergency, or if

consideration in any form is provided to the health care professional for the service

rendered. c. The provisions of subsection a. of this section do not diminish a general hospital's

responsibility to comply with all Department of Health licensure requirements concerning medical staff availability at the hospital. d. A health care professional shall not be liable for civil damages for injury or

death caused in an emergency situation occurring in the health care professional's

private practice or in a health care facility on account of a failure to inform a

patient of the possible consequences of a medical procedure when the failure to inform

is caused by any of the following: (1) the patient was unconscious; (2) the medical procedure was undertaken without the consent of the patient because

the health care professional reasonably believed that the medical procedure should

be undertaken immediately and that there was insufficient time to fully inform the

patient; or (3) the medical procedure was performed on a person legally incapable of giving informed

consent, and the health care professional reasonably believed that the medical procedure

should be undertaken immediately and that there was insufficient time to obtain the

informed consent of the person authorized to give such consent for the patient. The provisions of this subsection shall apply only to actions for damages for an injury

or death arising as a result of a health care professional's failure to inform, and

not to actions for damages arising as a result of a health care professional's negligence

in rendering or failing to render treatment. e. As used in this section: (1) “ Health care professional ” means a physician, dentist, nurse , or other health care professional whose professional practice is regulated pursuant

to Title 45 of the Revised Statutes and an emergency medical technician or mobile

intensive care paramedic certified by the Commissioner of Health pursuant to Title 26 of the Revised Statutes; and (2) “ Health care facility ” means a health care facility licensed by the Department of Health pursuant to P.L. 1971, c. 136 ( C.26:2H-1 et seq. ) and a psychiatric hospital operated by the Department of Human Services and listed

in R.S.30:1-7 .