N.J. Admin. Code § 8:57-5.11

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:57-5.11 - Management of non-adherent patients through a health officer order for isolation

(a) Pursuant to 26:4-2, the health officer in the patient's jurisdiction of residence may exclude a patient posing an immediate or imminent risk to the public health from attending his or her place of work or school, or other premises where the health officer determines that such action is necessary to protect the public health.

1. The health officer shall consult with the Department's TB Program or State Epidemiologist or designee before excluding a patient from a workplace, school or other premises through a health officer order.

2. In no case shall a health officer exclude a patient from a workplace, school or other premises for more than 60 days without a court order authorizing such exclusion pursuant to the hearing process established at 8:57-5.14.

(b) If a patient excluded from a workplace or school or other premises, pursuant to 26:4-2, requests a review of the health officer order, the health officer that issued the order shall make application for a court order authorizing such exclusion within five business days from the date of the request.

1. After any such request, exclusion shall not continue for more than 10 business days without a court order pursuant to the hearing process established at N.J.A.C. 8:57-5.14.

(c) The health officer in the patient's health jurisdiction of residence shall issue a health officer order for isolation within two working days of when the patient meets the definition of immediate or imminent risk to the public health, but is not a risk for flight.

1. If the patient is institutionalized or hospitalized, the health officer in the jurisdiction where the institution or hospital is located shall issue the order.

2. If the patient has suspected or confirmed infectious or potentially infectious TB disease, is suspected or confirmed to have either MDR-TB or XDR-TB, and is non-adherent or threatens non-adherence with infection control measures regardless of his or her risk for flight, the health officer shall serve the patient an order of temporary commitment pursuant to 8:57-5.12, rather than an order for isolation due to the severity of the consequences of transmission.

(d) The health officer order shall:

1. State the reason for the order;

2. Reiterate the infection control measures necessary to protect the public health;

3. State the conditions that must be met for the order to be lifted; and

4. State the consequences of violating the order.

(e) The public health nurse case manager or designee shall copy and file the health officer order for isolation in the patient's medical record.

(f) If a health officer order is made pursuant to 8:57-5.10, the health officer or designee shall hand deliver the order.

1. Successful hand delivery requires a face-to-face encounter with the patient.

2. The health officer or designee, depending upon who had the face-to-face encounter shall document the date and time of the encounter and the patient's response to the conditions of the order in the medical record.

(g) A health officer may request local law enforcement officers to exercise their authority to assist the health officer or designee in hand delivery of the health officer order in accordance with 26:1A-9.

(h) If the patient violates the conditions of the order, the health officer that issued the order may petition the Superior Court for commitment of the patient for the protection of the public health pursuant to the hearing process established at 8:57-5.14.

1. The health officer shall consult with the Department's TB Program or the State Epidemiologist or designee before petitioning the Superior Court.

(i) If the health officer seeks court commitment, the Commissioner or State Epidemiologist or designee, in consultation with the health officer and the Department's TB Program, shall designate the least restrictive appropriate placement for the patient during the period of commitment.

1. The placement in (i) above may be an acute care facility or private residence.

2. If the location of commitment is a private residence, law enforcement may use an electronic device to monitor adherence to the commitment order.

(j) The health officer in (c) above may immediately petition the Superior Court for commitment if the patient at any time during the course of treatment again poses an immediate or imminent public health risk and violates the conditions set forth in a health officer order for isolation.

N.J. Admin. Code § 8:57-5.11

Repeal and New Rule, R.2009 d.107, effective 4/6/2009.
See: 40 N.J.R. 1962(a), 41 N.J.R. 1419(a).
Section was "Commitment facilities".

The adopted version of this section 56 N.J.R. 213(a), effective 1/3/2024 is not yet available