Requires certain electronic medical programs to include demographic data entry feature; requires laboratories to record certain patients' demographic information; requires certain hospitals and laboratories to implement cultural competency training program.

S3450

SENATE, No. 3450

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 9, 2026

Sponsored by:

Senator� JAMES BEACH

District 6 (Burlington and Camden)

SYNOPSIS

���� Requires certain electronic medical programs to
include demographic data entry feature; requires laboratories to record certain
patients� demographic information; requires certain hospitals and laboratories
to implement cultural competency training program.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning clinical laboratories
, certain hospitals,
and certain electronic
medical records
,
and supplementing
Title
26
of the Revised Statutes
and P.L.1975, c.166 (C.45:9-42.26 et seq.)
.
�

����
Be It Enacted

by the Senate and General Assembly of the State of New Jersey:

���� 1.��� a. Each general acute
care hospital that collects data concerning patient race, ethnicity, sexual
orientation, or gender identity for any reason shall implement an
evidence-based cultural competency training program for all staff members
employed by or working under the supervision of the general acute hospital who
have direct contact with patients and are responsible for collecting race and
ethnicity, sexual orientation, and gender identity information from patients.�
The Department of Health shall identify an evidence-based cultural competency
training tool that may be utilized by cultural competency training programs
implemented by general acute hospitals pursuant to this section.� The use of
the department�s approved training tool by a general acute hospital shall not
preclude the hospital from utilizing additional or customized training tools in
addition to or in lieu of the department�s approved training tool.

���� b.��� Each cultural competency
training program implemented pursuant to subsection a. of this section shall
include training on the following topics:

���� (1)�� common terminology for
race and ethnicity, sexual orientation, and gender identity data;

���� (2)�� information on the
relationship between patient health and collecting race and ethnicity, sexual
orientation, and gender identity data;

���� (3)�� information on how race
and ethnicity, sexual orientation, and gender identity data will be used;

���� (4)�� information on how to
navigate discomfort in patients and staff when asking patients for their race
and ethnicity, sexual orientation, and gender identity information; and

���� (5)�� information on how to
create an inclusive and affirming environment for all patients.

���� c.���� Each staff member who
is employed by or working under the supervision of the general acute care
hospital, has direct contact with patients, and is responsible for collecting
race and ethnicity, sexual orientation, and gender identity information from
patients, shall:

���� (1)�� complete the cultural
competency training program implemented pursuant to subsection a. of this
section at such times and intervals as the hospital shall require; and

���� (2)�� complete a cultural
competency refresher course at least once biennially if completion of the
course is deemed necessary by the hospital.

���� 2.��� a.� (1)� A clinical
laboratory shall electronically record the race, ethnicity, sexual orientation,
and gender identity of each patient who presents with a non-electronic order
for testing at a clinical laboratory patient service center.� If a clinical laboratory
processes a specimen without the presence of a patient, the clinical laboratory
shall not be responsible for recording and reporting the patient�s gender
identity, sexual orientation, and racial and ethnic information.

���� (2)�� Race and ethnicity
selections shall include:� African American, Alaska Native, American Indian,
Asian, Black, Hispanic, Latino, more than one race, Native Hawaiian, Other
Pacific Islander, White, and does not wish to disclose.

���� (3)�� Sexual orientation
selections shall include:� bisexual; do not know; heterosexual or
straight; homosexual, gay, or lesbian; something else; and does not wish to
disclose.

���� (4)�� Gender identity
selections shall include:� male, female, transgender-female, transgender-male,
non-binary, other, and does not wish to disclose.

���� b.��� Any health care related
data that is required under State law to be reported by a clinical laboratory
to a local or State governmental entity shall include any corresponding gender
identity, sexual orientation, and racial and ethnic data recorded pursuant to
this section, and shall be incorporated into the corresponding disease
surveillance reporting system of the local or State governmental entity.

���� c.���� A non-electronic
specimen collection and analysis requisition form distributed by a clinical
laboratory shall contain a section for the manual entry of the patient�s
racial, ethnic, sexual orientation, and gender identity information on the
form.

���� d.��� Race and ethnicity,
sexual orientation, and gender identity information that is required to be
recorded or reported pursuant to this section shall be recorded or reported
using a program that is compatible with the State�s disease surveillance
reporting system using such data fields as may be available or necessary in the
version of Health Level Seven International recording and reporting standards
or equivalent standards adopted by the laboratory.

���� e.���� The Commissioner of
Health may modify, by regulation, the race, ethnicity, sexual orientation, and
gender identity selections provided in subsection a. of this section as
appropriate or pursuant to federal requirements.

���� 3.��� Any electronic medical
records or laboratory information management systems used in this State
or sold by a vendor of such systems in this State
,
on or after the effective date of this act, 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 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.� 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.).

���� 4.��� Nothing in this act
shall be construed to compel a patient to disclose the patient�s race,
ethnicity, sexual orientation, or gender identity to a clinical laboratory,
health care provider, or any other entity.

���� 5.��� a.� Each clinical
laboratory shall implement an evidence-based cultural competency training
program for all staff members employed by or working under the supervision of
the clinical laboratory who have direct contact with patients and are
responsible for collecting race and ethnicity, sexual orientation, and gender
identity information from patients.� The Department of Health shall identify an
evidence-based cultural competency training tool that may be utilized by
cultural competency training programs implemented by clinical laboratories
pursuant to this section.� The use of the department�s approved training tool
by a clinical laboratory shall not preclude the clinical laboratory from
utilizing additional or customized training tools in addition to or in lieu of
the department�s approved training tool.

���� b.��� Each cultural competency
training program� implemented pursuant to subsection a. of this section shall
include training on the following topics:

���� (1)�� common terminology for
race and ethnicity, sexual orientation, and gender identity data;

���� (2)�� information on the
relationship between patient health and collecting race and ethnicity, sexual
orientation, and gender identity data;

���� (3)�� information on how race
and ethnicity, sexual orientation, and gender identity data will be used;

���� (4)�� information on how to
navigate discomfort in patients and staff when asking patients for their race
and ethnicity, sexual orientation, and gender identity information; and

���� (5)�� information on how to
create an inclusive and affirming environment for all patients.

���� c.���� Each staff member who
is employed by or working under the supervision of the clinical laboratory, has
direct contact with patients, and is responsible for collecting race and
ethnicity, sexual orientation, and gender identity information from patients, shall:

���� (1)�� complete the cultural
competency training program implemented pursuant to subsection a. of this
section at such times and intervals as the clinical laboratory shall require;
and

���� (2)�� complete a cultural
competency refresher course at least once biennially if completion of the
course is deemed necessary by the clinical laboratory.

���� 6.��� The Commissioner of
Health shall adopt rules and regulations, in accordance with the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), as are
necessary to effectuate the provisions of this act.

���� 7.��� This act shall take
effect 180 days after the date of enactment except that sections 1 and 5 of
this act shall take effect 120 days after the date of enactment.

STATEMENT

���� Under the bill, a clinical
laboratory and general acute care hospital that collect data concerning patient
race, ethnicity, sexual orientation, and gender identity, will be required to
establish cultural competency training programs for all staff members employed
by or working under the supervision of a general acute care hospital or
clinical laboratory who have direct contact with patients and who are
responsible for collecting race and ethnicity, sexual orientation, and gender
identity information for patients.�
The bill provides that
the Department of Health will identify an
evidence-based cultural competency training tool that may be utilized by
cultural competency training programs implemented by general acute hospitals and
clinical laboratories under the bill.� The use of the department�s approved
training tool by a general acute hospital or clinical laboratory will not
preclude the hospital or clinical laboratory from utilizing additional or
customized training tools in addition to the department�s approved training
tool.

���� Under the bill, a clinical laboratory is to
electronically record the race, ethnicity, sexual orientation, and gender
identity of each patient who presents with a non-electronic order for testing
at a clinical laboratory patient service center.� If a clinical laboratory
processes a specimen without the presence of a patient, the clinical laboratory
shall not be responsible for recording and reporting the patient�s gender
identity, sexual orientation, and racial and ethnic information.

����� Race and ethnicity selections are to include:�
African American, Alaska Native, American Indian, Asian, Black, Hispanic,
Latino, more than one race, Native Hawaiian, Other Pacific Islander, White, and
does not wish to disclose.� Sexual orientation selections are to include:�
bisexual, do not know, heterosexual or straight, homosexual, gay, lesbian,
something else, and does not wish to disclose.� Gender identity selections are
to include: male, female, transgender-female, transgender-male, non-binary, other,
and does not wish to disclose.

����� Any health care related data that is required under
State law to be reported by a clinical laboratory to a local or State
governmental entity is to include any corresponding gender identity, sexual
orientation, and racial and ethnic data recorded pursuant to the bill�s
provisions, and is to be incorporated into the corresponding disease
surveillance reporting system of the local or State governmental entity.

����� Under the bill, a non-electronic specimen collection
and analysis requisition form distributed by a clinical laboratory is to
contain a section for the manual entry of the patient�s racial, ethnic, sexual
orientation, and gender identity information on the form.�

����� Any electronic medical records or laboratory
information management systems used in this State or sold by a vendor of such
systems in this State, on or after the effective date of this bill, is to 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 patient�s gender identity,
sexual orientation, and racial and ethnic information is recorded.� Nothing in
the bill�s provisions is to 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 is to be included in laboratory
orders generated by electronic medical record systems. �The vendor of an
electronic medical records or laboratory information management system that is
not in compliance with the requirements of the bill will be subject to a civil
penalty of $1,000 for each day the vendor�s system is noncompliant.

����� Nothing in the bill�s provisions is to be construed
to compel a patient to disclose the patient�s race, ethnicity, sexual
orientation, or gender identity to a clinical laboratory, health care provider,
or any other entity.

����� Under the bill, race and ethnicity, sexual
orientation, and gender identity information that is required to be recorded or
reported pursuant to bill�s provisions is to be recorded or reported using a
program that is compatible with the State�s disease surveillance reporting
system or equivalent to Health Level Seven International recording and
reporting standards.
��