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The Bergen County Medical Society - latest reform 2 20 03 (Page 8)

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The Bergen County Medical Society - latest reform 2 20 03
EXPLANATION - Matter enclosed in bold-faced brackets
in the above bill
is not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.
care professional's private practice or in a health care facility on account
of a failure to inform a patient of the possible consequences of a medical
procedure when the failure to inform is caused by any of the following:
(1) the patient was unconscious;
(2) the medical procedure was undertaken without the consent of the
patient because the health care professional reasonably believed that a
medical procedure should be undertaken immediately and that there was
insufficient time to fully inform the patient; or
(3) a medical procedure was performed on a person legally incapable
of giving informed consent, and the health care professional reasonably
believed that a medical procedure should be undertaken immediately and
that there was insufficient time to obtain the informed consent of the
person authorized to give such consent for the patient.
The provisions of this subsection are applicable only to actions for
damages for an injury or death arising as a result of a health care
professional's failure to inform, and not to actions for damages arising as
a result of a health care professional's negligence in rendering or failing
to render treatment.
e. It shall be presumed that a person who signs an informed consent
form or document has read that form or document.
f. As used in this section:
(1) "Health care professional" means a physician, dentist, nurse or
other health care professional whose professional practice is regulated
pursuant to Title 45 of the Revised Statutes and an emergency medical
technician or paramedic certified by the Commissioner of Health and
Senior Services pursuant to Title 26 of the Revised Statutes; and
(2) "Health care facility" means a health care facility licensed by the
Department of Health and Senior Services pursuant to P.L.1971, c.136
(C.26:2H-1 et seq.) and a psychiatric hospital operated by the
Department of Human Services and listed in R.S.30:1-7.

12. Section 1 of P.L.1995, c.69 (C.45:9-19.16) is amended to read as
1. a. A physician licensed by the State Board of Medical Examiners,
or a physician who is an applicant for a license from the State Board of
Medical Examiners shall notify the board within 10 days of :
(1) any action taken against the physician's medical license by any
other state licensing board or any action affecting the physician's
privileges to practice medicine by any out-of-State hospital, health care
facility, health maintenance organization or other employer;
(2) any pending or final action by any criminal authority for
violations of law or regulation, or any arrest or conviction for any
criminal or quasi-criminal offense pursuant to the laws of the United
States, this State or another state, including, but not limited to:
(a) criminal homicide pursuant to N.J.S.2C:11-2;
(b) aggravated assault pursuant to N.J.S.2C:12-1;
(c) sexual assault, criminal sexual contact or lewdness pursuant to
N.J.S.2C:14-2 through 2C:14-4; or
(d) an offense involving any controlled dangerous substance or
controlled substance analog as set forth in chapter 35 of Title 2C of the
New Jersey Statutes.
b. A physician who is in violation of this section is subject to
disciplinary action and civil penalties pursuant to sections 8, 9 and 12 of
P.L.1978, c.73 (C.45:1-21 to 22 and 45:1-25).

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