STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED FEBRUARY 27, 2024
Sponsored by:
Assemblyman WILLIAM F. MOEN, JR.
District 5 (Camden and Gloucester)
SYNOPSIS
Expands involuntary commitment clinical testimony requirement to include wider range of mental health service providers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning involuntary commitment and amending section 13 of P.L.1987, c.116.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 13 of P.L.1987, c.116 (C.30:4-27.13) is amended to read as follows:
13. a. At least 10 days prior to a court hearing, the county adjuster of the admitting county or the Attorney General or county prosecutor if presenting the case for the patient's involuntary commitment to treatment, shall cause notice of the court hearing to be served upon the patient, the patient's guardian if any, the patient's next-of-kin, the patient's attorney, the director, chief executive officer, or other individual who has custody of the patient, the county adjuster of the county in which the patient has legal settlement and any other individual specified by the court. The notice shall contain the date, time and location of the court hearing. The patient and the patient's attorney shall also receive copies of the clinical certificates and supporting documents, the temporary court order and a statement of the patient's rights at the court hearing.
b. A [psychiatrist] mental health service provider on the patient's treatment team who has conducted a personal examination of the patient as close to the court hearing date as possible, but in no event more than five calendar days prior to the court hearing, shall testify at the hearing to the clinical basis for the need for involuntary commitment to treatment. Other members of the patient's treatment team and any other witness with relevant information offered by the patient or the persons presenting the case for civil commitment shall also be permitted to testify at the hearing.
As used in this subsection, "mental health service provider" means a psychiatrist, or a nurse practitioner or physician's assistant who is licensed and qualified to perform a mental health examination on the patient that would form the clinical basis for the patient's involuntary commitment.
c. The patient's next-of-kin may attend and testify at the court hearing if the court so determines.
d. The court shall transcribe the court hearing and arrange for the payment of expenses related thereto in the same manner as for other court proceedings.
(cf: P.L.2009, c.112, s.14)
2.
This act shall take effect immediately.
STATEMENT
This bill expands the involuntary commitment clinical testimony requirement to include a wider range of mental health service providers. Current law provides that testimony from a psychiatrist is required to provide a clinical basis for the need for involuntary commitment to treatment. This amendment to current law permits nurse practitioners and physician assistants to also testify when establishing a clinical basis for the need for involuntary commitment to treatment.