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A1562
ASSEMBLY, No. 1562
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
���� Requires health care representative to make health
care decisions for incapacitated patient in accordance with patient's religious
beliefs.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning advance directives for health care and
amending P.L.1991, c.201.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 9 of P.L.1991,
c.201 (C.26:2H-61) is amended to read as follows:
���� 9.��� a.� If it has been
determined that the patient lacks decision making capacity, a health care
representative shall have authority to make health care decisions on behalf of
the patient.� The health care representative shall act in good faith and within
the bounds of the authority granted by the advance directive and by this act.
���� b.��� If a different
individual has been appointed as the patient's legal guardian, the health care
representative shall retain legal authority to make health care decisions on
the patient's behalf, unless the terms of the legal guardian's court
appointment or other court decree provide otherwise.
���� c.���� The conferral of legal
authority on the health care representative shall not be construed to impose
liability upon the health care representative for any portion of the patient's
health care costs.
���� d.��� An individual designated
as a health care representative or as an alternate health care representative
may decline to serve in that capacity.
���� e.���� The health care
representative shall exercise the patient's right to be informed of the
patient's medical condition, prognosis and treatment options, and to give
informed consent to, or refusal of, health care.
���� f.���� In the exercise of
these rights and responsibilities, the health care representative shall seek to
make the health care decision the patient would have made had he possessed
decision making capacity under the circumstances, or, when the patient's wishes
cannot adequately be determined, shall make a health care decision in the best
interests of the patient
, and in accordance with the patient�s religious
beliefs
.
(cf: P.L.1991, c.201, s.9)
���� 2.��� This act shall take
effect on the 60th day after enactment.
STATEMENT
���� This bill amends the �New
Jersey Advance Directives for Health Care Act,� P.L.1991, c.201 (C.26:2H-53 et
seq.), to provide that a designated health care representative shall make
health care decisions in accordance with the patient�s religious beliefs, as
well as in the best interests of the patient, as the law currently provides.
���� The advance directives law
provides that an adult may execute an advance directive, which may include a
proxy directive designating a competent adult to act as his health care
representative and an instruction directive, stating his general treatment philosophy
and objectives or his specific wishes regarding the provision, withholding, or
withdrawal of any form of health care, including life-sustaining treatment.