Terms Used In New Jersey Statutes 26:16-3

  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
3. As used in P.L.2019, c.59 (C. 26:16-1 et al.):

“Adult” means an individual who is 18 years of age or older.

“Attending physician” means a physician licensed pursuant to Title 45 of the Revised Statutes who has primary responsibility for the treatment and care of a qualified terminally ill patient and treatment of the patient’s illness, disease, or condition.

“Capable” means having the capacity to make health care decisions and to communicate them to a health care provider, including communication through persons familiar with the patient’s manner of communicating if those persons are available.

“Consulting physician” means a physician licensed pursuant to Title 45 of the Revised Statutes who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding a patient’s illness, disease, or condition.

“Health care facility” means a health care facility licensed pursuant to P.L.1971, c.136 (C. 26:2H-1 et seq.).

“Health care professional” means a person licensed to practice a health care profession pursuant to Title 45 of the Revised Statutes.

“Health care provider” means a health care professional or health care facility.

“Informed decision” means a decision by a qualified terminally ill patient to request and obtain a prescription for medication that the patient may choose to self-administer to end the patient’s life in a humane and dignified manner, which is based on an appreciation of the relevant facts and after being fully informed by the attending physician of:

(1) the patient’s medical diagnosis;

(2) the patient’s prognosis;

(3) the potential risks associated with taking the medication to be prescribed;

(4) the probable result of taking the medication to be prescribed; and

(5) the feasible alternatives to taking the medication, including, but not limited to, concurrent or additional treatment opportunities, palliative care, comfort care, hospice care, and pain control.

“Long-term care facility” means a nursing home, assisted living residence, comprehensive personal care home, residential health care facility, or dementia care home licensed pursuant to P.L.1971, c.136 (C. 26:2H-1 et seq.).

“Medically confirmed” means that the medical opinion of the attending physician has been confirmed pursuant to section 7 of P.L.2019, c.59 (C. 26:16-7) by a consulting physician who has examined the patient and the patient’s relevant medical records.

“Mental health care professional” means a psychiatrist, psychologist, or clinical social worker licensed pursuant to Title 45 of the Revised Statutes.

“Participate in this act” means to perform the duties of a health care provider in accordance with the provisions of P.L.2019, c.59 (C. 26:16-1 et al.), but does not include: making an initial determination that a patient is terminally ill and informing the patient of the medical prognosis; providing information about the provisions of P.L.2019, c.59 (C. 26:16-1 et al.) to a patient upon the patient’s request; or providing a patient, upon the patient’s request, with a referral to another health care provider.

“Patient” means a person who is under the care of a physician.

“Qualified terminally ill patient” means a capable adult who is a resident of New Jersey and has satisfied the requirements to obtain a prescription for medication pursuant to P.L.2019, c.59 (C. 26:16-1 et al.). A person shall not be considered to be a qualified terminally ill patient solely because of the person’s age or disability or a diagnosis of any specific illness, disease, or condition.

“Self-administer” means a qualified terminally ill patient’s act of physically administering, to the patient’s own self, medication that has been prescribed pursuant to P.L.2019, c.59 (C. 26:16-1 et al.).

“Terminally ill” means that the patient is in the terminal stage of an irreversibly fatal illness, disease, or condition with a prognosis, based upon reasonable medical certainty, of a life expectancy of six months or less.

L.2019, c.59, s.3.