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 NJHA’s Legal Affairs at 609-275-4089.

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

UPDATE: 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:

• Memo to NJHA members on requirements for providers, patients and facilities concerning the Medical Aid in Dying for the Terminally Ill Act
• A Copy of the Act
• NJ DOH MAID Resources — NEW
  The NJ DOH has developed MAID resources that include guidance for health care facilities, frequently asked questions, the full text of the statute and a summary of the statute. Updates and additions from DOH will be posted on this site.
• Template Policy: Opting-Out of Medical Aid in Dying for the Terminally Ill *
• Template Hospital Policy: Medical Aid in Dying for the Terminally Ill *
• Template Hospice Policy: Medical Aid in Dying for the Terminally Ill *
• Template Nursing Home/Assisted Living Policy: Medical Aid in Dying for the Terminally Ill *
• NJ DOH Fillable PDF Request for Medication to End My Life in a Humane and Dignified Manner and Declaration of Witnesses — NEW
• NJ DOH Attending Physician Compliance Form — NEW
• NJ DOH Attending Physician Follow Up Form — NEW
• NJ DOH Consulting Physician Compliance Form — NEW
• NJ DOH Mental Health Professional Compliance Form — NEW
• NJ DOH Medication Dispensing Form — NEW
  Under P.L.2019, c.59, the compliance forms and the Medication Dispensing Record must be filed with the New Jersey Department of Health. Currently, the forms must be mailed to the Office of the Chief State Medical Examiner, 120 South Stockton Street, 3rd floor, PO Box 360, Trenton, NJ 08625. An electronic submission process is forthcoming. Any changes or additional submission processes will be posted at https://nj.gov/health/advancedirective/maid/
• Recording of July 9 NJHA webinar on Medical Aid in Dying for the Terminally Ill Act
• Power Point slides from July 9 webinar
• Compassion & Choices Brochure: Doc2Doc
• Compassion & Choices Brochure: Pharmacist2Pharmacist
• What Are Palliative Care and Hospice Care?
• Journal of Palliative Medicine: Clinical Criteria for Physician Aid in Dying
• NIH Supplemental Data
• N.J. Law Journal: Death with Dignity: The Basics of NJ's Medical Aid in Dying Law

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