The N.J. Aid in Dying for the Terminally Ill Implementation Toolkit


DISCLAIMER

The New Jersey Hospital Association’s (NJHA) N.J. Aid in Dying for the Terminally Ill Implementation Toolkit (hereinafter “materials”) are intended to be tools that health care facilities and providers may use to implement and comply with the “Medical Aid in Dying for the Terminally Ill Act.” The information provided in these materials should not be relied upon or regarded as legal advice. No specific representation is made, nor should be implied, nor shall NJHA or any other party involved in creating, producing or delivering this material be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of your use of these materials. NJHA makes no warranties or representations, express or implied, as to the accuracy or completeness of the information contained or referenced herein. This publication is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. All images and information contained in these materials are copyrighted and otherwise proprietary. No use of this information is permitted without the prior written consent of NJHA. If you have other questions or concerns, please contact tedelstein@njha.com.

N.J. Aid in Dying for the Terminally Ill Implementation Toolkit

On Aug. 27, the appeals court overturned the restraining order that had halted the Medical Aid in Dying law. An appeal to this ruling has now been filed with the NJ Supreme Court, but the law is in effect until the Supreme Court rules. NJHA will continue to monitor this matter and update members as information becomes available.

Governor Murphy signed the “Medical Aid in Dying for the Terminally Ill Act” (“the Act”) April 12, 2019. The law is effective Aug. 1 and affirms the rights of qualified terminally ill patients to obtain and self-administer medication to bring about their own humane and dignified death.

The Act provides that the healthcare facility’s participation in the medical aid in dying process must be voluntary. It further notes that the facility’s existing policies and procedures govern the actions of healthcare professionals while on premises owned by or under direct control of the facility. Finally, the Act provides that healthcare facilities are not subject to N.J. Department of Health licensure enforcement procedures for any actions taken in compliance with the Act.

This implementation toolkit includes:

* These policies are suggested templates that should be reviewed and adapted by organizations to align with their culture, philosophy and perspectives.