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A2381
ASSEMBLY, No. 2381
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman WILLIAM F. MOEN, JR.
District 5 (Camden and Gloucester)
SYNOPSIS
���� Expands involuntary commitment clinical testimony
requirement to include wider range of mental health service providers.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning involuntary commitment and amending section
13 of P.L.1987, c.116.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1. Section 13 of P.L.1987, c.116 (C.30:4-27.13)
is amended to read as follows:
���� 13. a. At least 10 days prior to a court
hearing, the county adjuster of the admitting county or the Attorney General or
county prosecutor if presenting the case for the patient's involuntary
commitment to treatment, shall cause notice of the court hearing to be served
upon the patient, the patient's guardian if any, the patient's next-of-kin, the
patient's attorney, the director, chief executive officer, or other individual
who has custody of the patient, the county adjuster of the county in which the patient
has legal settlement and any other individual specified by the court. The
notice shall contain the date, time and location of the court hearing. The
patient and the patient's attorney shall also receive copies of the clinical
certificates and supporting documents, the temporary court order and a
statement of the patient's rights at the court hearing.
���� b. A
[
psychiatrist
]
mental health service provider
on the
patient's treatment team who has conducted a personal examination of the
patient as close to the court hearing date as possible, but in no event more
than five calendar days prior to the court hearing, shall testify at the
hearing to the clinical basis for the need for involuntary commitment to
treatment. Other members of the patient's treatment team and any other witness
with relevant information offered by the patient or the persons presenting the
case for civil commitment shall also be permitted to testify at the hearing.
����
As used in this subsection, �mental health
service provider� means a psychiatrist, or a nurse practitioner or physician�s
assistant who is licensed and qualified to perform a mental health examination
on the patient that would form the clinical basis for the patient�s involuntary
commitment.
���� c. The patient's next-of-kin may attend and
testify at the court hearing if the court so determines.
���� d. The court shall transcribe the court hearing
and arrange for the payment of expenses related thereto in the same manner as
for other court proceedings.
(cf: P.L.2009, c.112, s.14)
���� 2. This act shall take effect immediately.
STATEMENT
���� This bill expands the
involuntary commitment clinical testimony requirement to include a wider range
of mental health service providers. Current law provides that testimony from a
psychiatrist is required to provide a clinical basis for the need for involuntary
commitment to treatment. This amendment to current law permits nurse
practitioners and physician assistants to also testify when establishing a
clinical basis for the need for involuntary commitment to treatment.