New Jersey § 30:4d-67

§ 30:4d-67.

a. The iPHD Project Governing Board is hereby established in, but not of, the Department

of Health. The Governing Board shall consist of 10 members: one of whom shall be the Director

of the Rutgers Center for State Health Policy, who shall serve as a non-voting, ex-officio

member; one of whom shall be a public member appointed by the President of the Senate,

representing an organization capable of advocating on behalf of persons whose data

may be received, maintained, or transmitted by the iPHD Project in accordance with

this act; one of whom shall be a public member appointed by the Speaker of the General

Assembly, with experience in human subjects research who is affiliated with a research

university in New Jersey; and two of whom shall be public members appointed by the

Governor, as follows: (1) An individual with legal expertise and interest in protecting the privacy and

security of individually identifiable information; and (2) An individual with technical expertise and interest in the creation and maintenance

of large data systems and data security. The five remaining members shall be voting, ex-officio members representing the Commissioner

of Health, who shall also serve as chair of the Board; the Commissioner of Human

Services; the State Treasurer; the Attorney General; and the Chief Information

Officer for Rutgers, The State University of New Jersey. Ex-officio members may be represented by designees. Of the public members first appointed to the Governing Board, two shall be appointed

to terms of three years, one shall be appointed to a term of two years, and one shall

be appointed to a term of one year. Following the expiration of the initial terms, public members of the Board shall

be appointed for terms of three years. The voting ex-officio members of the Board shall serve during their respective terms

of office. Any vacancy occurring in the membership of the Board shall be filled in the same

manner as the original appointment, but for the unexpired term only. The Board shall meet at least quarterly, and at such other times as it determines,

in its judgment, to be necessary. The appointed members of the Board shall serve without compensation but may be reimbursed

for necessary expenses incurred in the performance of their duties. In addition, the Board shall be entitled to and avail itself of the assistance and

services of the staff of the Department of Health, and of the employees of any other

State department, board, bureau, commission, or agency, as it may require and as may

be available for its purposes. b. A member of the Governing Board shall not, by reason of the member's performance

of any duty, function, or activity required of, or authorized to be undertaken by,

the Board, be liable in an action for damages to any person for any action taken or

recommendation made by the member within the scope of the member's duty, function,

or activity as a member of the Board, if the action or recommendation was taken or

made without malice. The members of the Board shall be indemnified and their defense of any action provided

for in the same manner and to the same extent as employees of the State under the

“New Jersey Tort Claims Act,” N.J.S.59:1-1 et seq. , on the basis of acts or omissions in the scope of their service. c. A member of the Governing Board shall not participate in deliberations or vote

on any matter before the Board concerning an individual or entity with which the member

has, or within the last 12 months has had, any substantial ownership, employment,

medical staff, fiduciary, contractual, creditor, or consultative relationship. A member who has or who has had such a relationship with an individual or entity

involved in any matter before the Board shall make a written disclosure before any

action is taken by the Board with respect to the matter, and shall make the relationship

public in any meeting in which action on the matter is to be taken. d. The iPHD Project Governing Board shall be a public body for the purposes of the

“Senator Byron M. Baer Open Public Meetings Act,” P.L.1975, c. 231 ( C.10:4-6 et seq. ), and shall conduct its business in accordance with the provisions of that act. All proceedings of the Governing Board shall be subject to P.L.2001, c. 404 ( C.47:1A-5 et al.).