{"data":{"id":"us-nj/n.j.-stat.-26-2h-125","jurisdiction":"us-nj","citation":"N.J. Stat. § 26:2H-125","heading":"Intentional disregard for act, professional misconduct; fines; fourth degree crime for certain acts relative to advance directives.","body":"25.  a.  A mental health care professional who intentionally fails to act in accordance with the requirements of this act is subject to discipline for professional misconduct pursuant to section 8 of P.L.1978, c.73 (C.45:1-21).\nb.\tA psychiatric facility that intentionally fails to act in accordance with the requirements of this act shall be subject to a fine of not more than $1,000 for each offense.  For the purposes of this subsection, each violation shall constitute a separate offense.  Penalties for violations of this act shall be recovered in a summary civil proceeding, brought in the name of the State in a court of competent jurisdiction pursuant to the \"Penalty Enforcement Law of 1999,\" P.L.1999, c.274 (C.2A:58-10 et seq.).\nc.\tIt shall be a crime of the fourth degree for a person to:\n(1)\twillfully conceal, cancel, deface, obliterate or withhold personal knowledge of an advance directive for mental health care, or a modification, revocation or suspension thereof, without the declarant's consent;\n(2)\tfalsify or forge an advance directive for mental health care of another person, or a modification, revocation or suspension thereof;\n(3)\tcoerce or fraudulently induce the execution of an advance directive for mental health care, or a modification, revocation or suspension, thereof; or\n(4)\trequire or prohibit the execution of an advance directive for mental health care, or a modification, revocation or suspension thereof, as a condition of coverage under any policy of health insurance, life insurance or annuity, or governmental benefits program, or as a condition of the provision of health care.\nd.\tThe sanctions provided in this section shall not be construed to repeal any sanctions applicable under other law.\nL.2005,c.233,s.25.","path":["TITLE 26 HEALTH AND VITAL STATISTICS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"7703ae6a40fd491bc844962a3986692e4189e4f576e25882c29c7f984a576013","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-26-2h-124","next":"us-nj/n.j.-stat.-26-2h-126"},"notice":"GroundRules: Original legal text. Not legal advice."}
