New Jersey § 45:9-42
Full text of New Jersey New Jersey Statutes § 45:9-42, with citation guidance and answers to common questions.
§ 45:9-42.
Any electronic medical records or laboratory information management systems used by
acute care hospitals and licensed clinical laboratories in this State or sold by a
vendor of such systems in this State for use by acute care hospitals and licensed
clinical laboratories, on or after the effective date of this act, 1 shall be configured in a manner that prevents an authorized user from saving or storing
a patient's demographic information into the electronic medical records or laboratory
information management systems unless a selection for a patient's gender identity,
sexual orientation, and racial and ethnic information is recorded. Nothing in this act shall prohibit a clinical laboratory from receiving, processing,
or saving data related to specimens that are ordered or received from outside of this
State. The gender identity, sexual orientation, and racial and ethnic information of a
patient shall be included in laboratory orders generated by electronic medical record
systems. The Department of Health may impose necessary corrective actions to achieve compliance
with the provisions of this section, which may include, but need not be limited to,
an attestation to be completed by an acute care hospital or a licensed clinical laboratory
that: indicates specific steps that will be taken to achieve compliance within 120
days following the date of attestation; acknowledges legal obligations and penalties
under this section; and provides relevant vendor information. A vendor of electronic medical records or laboratory information management systems
that fails to comply with the provisions of this section shall be liable to a civil
penalty of up to $1,000 for each day during which the vendor's system is out of compliance. A civil penalty assessed pursuant to this section shall be collected by and in the
name of the Department of Health in summary proceedings before a court of competent
jurisdiction pursuant to the provisions of the “Penalty Enforcement Law of 1999,” P.L.1999, c. 174 ( C.2A:58-10 et seq. ). 1
L.2021, c. 454, eff. Jan. 18, 2023.
Frequently Asked Questions About New Jersey § 45:9-42
What does New Jersey Statutes § 45:9-42 cover?
Section 45:9-42 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 45:9-42?
A common citation format is "New Jersey Statutes § 45:9-42" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 45:9-42 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.