{"data":{"id":"us-nj/n.j.-stat.-26-2h-78","jurisdiction":"us-nj","citation":"N.J. Stat. § 26:2H-78","heading":"Violations, penalties","body":"28. a.  A 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.   A health care institution 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\" (N.J.S.2A:58-1 et seq.).\nc.   The following acts constitute crimes:\n(1)  To willfully conceal, cancel, deface, obliterate or withhold personal knowledge of an advance directive or a modification or revocation thereof, without the declarant's consent, is a crime of the fourth degree.\n(2)  To falsify or forge an advance directive or a modification or revocation thereof of another individual is a crime of the fourth degree.\n(3)  To coerce or fraudulently induce the execution of an advance directive or a modification or revocation thereof is a crime of the fourth degree.\n(4)  To require or prohibit the execution of an advance directive or a modification or revocation 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 is a crime of the fourth degree.\nd.   Commission of any of the acts identified in paragraphs (1), (2), or (3) of subsection c., resulting in the involuntary earlier death of a patient, shall constitute a crime of the fourth degree.\ne.   The sanctions provided in this section shall not be construed to repeal any sanctions applicable under other law.\nL.1991,c.201,s.28.","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":"b8e60e2dfd596f67e8f3af2a17ace8cf0634bfc62270dbe2f3795d914327633f","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-26-2h-77","next":"us-nj/n.j.-stat.-26-2h-78.1"},"notice":"GroundRules: Original legal text. Not legal advice."}