New Jersey § 30:6d-5

§ 30:6d-5.

a. A physician examining or treating an individual with a developmental disability

residing in a community care residence or the chief executive officer, or his designee,

of a hospital or similar institution to which the individual has been brought for

care or treatment, or both, is empowered to take the individual into protective custody

when the individual has suffered serious physical injury or injuries, or the individual's

condition constitutes a life-threatening emergency, as defined in section 2 of P.L.2003, c. 191 ( C.30:6D-5.2 ), and the most probable inference from the medical and factual information supplied

is that the injury or condition was inflicted upon the individual by another person

by other than accidental means, and the person suspected of inflicting, or permitting

to be inflicted, the injury upon the individual is a licensee or alternate of a community

care residence where the individual resides and to whom the individual would normally

be returned. b. The physician or the chief executive officer, or his designee, of a hospital or

similar institution taking an individual with a disability into protective custody

shall immediately report the action and the condition of the individual with a developmental

disability to the department by calling its emergency telephone service. c. A physician or chief executive officer, or his designee, who fails to comply with

the provisions of this section shall be subject to a penalty of $500. The penalty shall be sued for and collected in a summary proceeding by the commissioner

pursuant to the “Penalty Enforcement Law of 1999,” P.L. 1999, c. 274 ( C.2A:58-10 et seq. ).