N.J. Stat. tit. 26, ch. 4

in effect

N.J. Stat. § 26:4-1 "Communicable disease" defined

As used in this chapter, "communicable disease" means any infectious or contagious disease so declared or defined by law or which has been or may hereafter be declared a "communicable disease" by the state department of health.

N.J. Stat. § 26:4-2 Powers of State department and local board.

26:4-2. In order to prevent the spread of disease affecting humans, the Department of Health, and the local boards of health within their respective jurisdictions and subject to the State sanitary code, shall have power to: a. Declare what diseases are communicable. b. Declare when any communicable disease has become epidemic. c. Require the reporting of communicable diseases. d. Maintain and enforce proper and sufficient quarantine, wherever deemed necessary. e. Remove any person infected with a communicable disease to a suitable place, if in its judgment removal is necessary and can be accomplished without any undue risk to the person infected. f. Disinfect any premises when deemed necessary. g. Remove to a proper place to be designated by it all articles within its jurisdiction, which, in its opinion, shall be infected with any matter likely to communicate disease and to destroy such articles, when in its opinion the safety of the public health requires it. In the event the Governor declares a public health emergency, the department shall oversee the uniform exercise of these powers in the State and the local board of health shall be subject to the department's exercise of authority under this section. amended 2005, c.222, s.31; 2012, c.17, s.337.

N.J. Stat. § 26:4-3 Evaluation of destroyed goods; reimbursement of owner

Whenever the state department or a local board, in order to prevent the spread of communicable disease, destroys any goods, it shall make an inventory of the goods, and immediately certify the value of them. The certification shall be made to the state treasurer, in case the goods were destroyed by the state department, and to the treasurer of the proper municipality, in case of destruction by the local board. The state treasurer or local treasurer, as the case may be, shall pay to the owner of the goods, or his legal representatives, the sum so certified.

N.J. Stat. § 26:4-4 Notice to local board to control disease; proceeding to compel action

Whenever within the jurisdiction of a local board there is a person infected with any communicable disease, the State department may cause a notice in writing, signed by the Commissioner of Health, to be sent to the local board requiring it to take action for the restriction of the spread of the communicable disease within the time specified in the notice. If no action is taken by the local board within the time specified in the notice, the State department may bring a proceeding in lieu of prerogative writ to compel the local board to take the action ordered in the notice. Amended by L.1953, c. 26, p. 472, s. 35.

N.J. Stat. § 26:4-5 Closing public or private schools by reason of epidemic

Each local board may declare any epidemic or cause of ill health to be so injurious or hazardous as to make it necessary to close any or all of the public or private schools within the jurisdiction of the board. No public school shall be closed except by the direction of the body having the control or direction of such school. Any such body may cause any school under its control to be closed, if, in its judgment, such closing is necessary because of the injurious or hazardous nature of an epidemic or cause of ill health.

N.J. Stat. § 26:4-6 Prohibiting attendance of teachers or pupils

Any body having control of a school may, on account of the prevalence of any communicable disease, or to prevent the spread of communicable diseases, prohibit the attendance of any teacher or pupil of any school under their control and specify the time during which the teacher or scholar shall remain away from school. a. (Deleted by amendment.) b. (Deleted by amendment.) c. (Deleted by amendment.) Amended by L.1974, c. 150, s. 4, eff. Nov. 11, 1974.

N.J. Stat. § 26:4-8.1 Immunization at public expense

The State Department of Health and Local Boards of Health may provide at public expense, the necessary equipment, materials and services for immunizing people from the diseases which pupils are required to be immunized against by the State Sanitary Code or for diseases against which immunization may be recommended by the State Department of Health. L.1974, c. 150, s. 5, eff. Nov. 11, 1974.

N.J. Stat. § 26:4-9 Epidemic in state institution

Whenever an epidemic shall occur in an institution maintained in whole or in part by the state, the state department shall immediately take all necessary measures to check and control the epidemic.

N.J. Stat. § 26:4-12 Prohibiting sale of dairy product contaminated by communicable disease

When the state department shall have reason to believe that any milk, cream, skimmed milk, or other dairy product has been contaminated by the emanations, exhalations or discharges of any person affected with any communicable disease, or that any such dairy product has been or is produced, stored or kept on any premises upon which any source of a communicable disease exists, the department may issue an order in writing prohibiting the transportation or sale of such dairy product.

N.J. Stat. § 26:4-13 Removal of order prohibiting sale

Every person upon whom any such order may be served shall obey it. The prohibition shall continue until the state department shall have had an opportunity to examine the matter, and shall have removed the prohibition by the service of another order in writing signed by the proper representative of the department.

N.J. Stat. § 26:4-14 Penalty for violation of prohibition

Any person upon whom any such order of prohibition has been served who shall, prior to the removal of the prohibition, transport or sell any milk, cream, skimmed milk or other dairy product contrary to such prohibition, shall be liable to a penalty of one hundred dollars; and any other person who shall knowingly transport or sell any such dairy product so prohibited shall be liable to a penalty of one hundred dollars.

N.J. Stat. § 26:4-15 Reporting of communicable diseases by physicians

Every physician shall, within 12 hours after his diagnosis that a person is ill or infected with a communicable disease or other disease required by any law of this State, the State Sanitary Code, or ordinance, to be reported, report such diagnosis and such related information as may be required by the State Department of Health. In cases of venereal diseases, the report shall be made to the State Department of Health, and in other cases to the health officer or other officer or employee designated to receive such reports by the local board of health having jurisdiction of the area wherein the diagnosis was made, which officer or employee the local board of health is hereby authorized to designate. The report shall be in writing, and shall include the name of the reporting physician, the name of the disease, the name, age and precise location of the person ill or infected with the disease and such other information as may be required by regulation of the State Department of Health. Amended by L.1954, c. 263, p. 948, s. 1.

N.J. Stat. § 26:4-16 Reporting of communicable diseases by house owner or householder

Every house owner or householder who has reason to believe that any person living, dwelling or being in any building under his control is ill or infected with any disease required by law or the State Sanitary Code to be reported shall, when no physician has professionally attended the ill or infected person, within 12 hours after discovering the same, report the fact in person, by telephone or in writing to the health officer or other officer or employee designated to receive such reports by the local board of health having jurisdiction of the area. Amended by L.1954, c. 263, p. 949, s. 2.

N.J. Stat. § 26:4-17 Physicians to report persons affected with disease on dairy premises

Every physician who shall attend any person ill or infected with any communicable disease required by law or the State Sanitary Code to be reported, on any premises where milk is produced for sale or distribution, shall report such fact to the State Department of Health within 12 hours after he has first ascertained that any such person is ill or infected with any of said diseases. The report shall be in writing and shall state the nature of the disease, the name of the person who is ill or infected with the disease, the location of the place where the person is ill or infected, the name of the owner or manager of the dairy premises if the same can be ascertained and such other information as may be required by regulation of the State Department of Health. Amended by L.1954, c. 263, p. 949, s. 3.

N.J. Stat. § 26:4-18 Report when member of family of sick person is employed on dairy premises

Every physician who shall attend any person ill or infected with any of the communicable diseases required by law or the State Sanitary Code to be reported, having knowledge that a member of the family of, or any person living in the same family with, the ill or infected person is employed on any dairy premises where milk is produced for sale or distribution, shall report such fact to the State Department of Health in writing, within 12 hours after the physician has ascertained that such person is ill or infected or within 12 hours after gaining the information above mentioned. The report shall state the name of the person who is ill or infected, the nature of the disease, the location of the place where such person is ill or infected, the name of the member of the family or person living in the same family who is employed on the dairy premises, the name of the owner or manager thereof if it can be ascertained, the location of the dairy premises where such person is employed and such other information as may be required by regulation of the State Department of Health. Amended by L.1954, c. 263, p. 950, s. 4.

N.J. Stat. § 26:4-19 Report of persons affected with communicable diseases in institutions

Every physician, superintendent or other person having control or supervision over a State, county or municipal hospital, sanatorium or other public or private institution in which any person ill or infected with any disease required by law or the State Sanitary Code to be reported is received for care or treatment shall, within 24 hours after any such patient has been received into the institution, report the fact to the health officer or other officer or employee designated to receive such reports by the local board of health having jurisdiction over the territory in which the institution is located. The report shall be in writing in the name of the physician, superintendent or other person having charge over the institution and shall set forth the name and age of the ill or infected person and the exact place of his residence or the name of the place from which he was received into the institution, together with the date upon which he was received and such other information as may be required by regulation of the State Department of Health. Amended by L.1954, c. 263, p. 950, s. 5.

N.J. Stat. § 26:4-20 Transmission of duplicate of report from institutions in certain cases

Every person designated by any local board of health to receive reports of communicable diseases who shall receive any report of sickness from a physician, superintendent or other person having charge over any institution referred to in section 26:4-19 of this title shall, when the sick person referred to in the report resides in some municipality other than that in which the institution is located, make a duplicate of any such report received by him and transmit the same, within twenty-four hours after the receipt of the original, by mail, to the officer designated to receive the reports in the locality in which the sick person resided before being admitted into the institution.

N.J. Stat. § 26:4-21 Certificate of cases reported to local board

On the thirtieth day of June and the thirty-first day of December in each year every physician, house owner or householder making any report of a communicable disease shall receive from the officer to whom the report was made during the preceding six months a certificate in writing under the hand of the officer setting forth the number of names reported.

N.J. Stat. § 26:4-22 Fee for cases reported to local board

The certificate, when presented to the proper disbursing officer of the municipality within which the affected person may have been, shall entitle the person making the report to receive the sum of ten cents for each name certified to have been reported, unless the report shall be found to have been erroneous.

N.J. Stat. § 26:4-23 Register of reported cases; inspection

The facts contained in the report of a communicable disease shall be entered by the officer to whom the report is delivered in a register kept for that purpose. The register shall be subject to the inspection of the local board and its proper officers and to the state department and its officers only.

N.J. Stat. § 26:4-24 Reports of local boards to state department

The officer to whom the report of a communicable disease is delivered and whose duty it is to make a record of the same, shall, at least once each week, and daily when required by the state department, transmit by mail the facts stated therein to the state department and shall upon request by the state department give full information concerning the measures employed by the local board to prevent the spread of the diseases mentioned in the reports, which facts and information shall be conveyed to the state department in writing. Proof that the state department has not received the report of such facts and information from any officer shall be prima facie evidence that the same has not been transmitted to the department by the officer.

N.J. Stat. § 26:4-26 Fee for cases reported to state department

Upon presentation of a certificate of the number of cases reported to the State Department pursuant to section 26:4-24 of the Revised Statutes at least once per year the officer shall be entitled to receive from the proper disbursing officer of the municipality within the limits of which the sickness reported occurred, the sum of ten cents ($0.10) for each case certified as having been reported. Amended by L.1953, c. 325, p. 1872, s. 1.

N.J. Stat. § 26:4-27 Definitions

As used in this article: "Venereal disease" includes syphilis, gonorrhea, chancroid, lymphogranuloma venereum and granuloma inguinale. "Treating a venereal disease" includes the treatment of or attempt to treat a venereal disease by prescription, formula, patented or proprietary medicine or compound or otherwise, or the sale or gift, for the purpose of treating or attempting to treat such a disease, of any prescription, formula, patented or proprietary medicine or compound which either by itself or in connection with any other treatment, medicine, or compound is claimed to be useful, or to cure, relieve, or arrest in any way any venereal disease. "Licensed health officer" shall mean and include only a person holding office as a local health officer who holds a valid health officer's license issued by the State Department of Health. Amended by L.1945, c. 104, p. 448, s. 1.

N.J. Stat. § 26:4-28 Venereal diseases declared infectious and communicable

Syphilis, gonorrhea, chancroid, lymphogranuloma venereum and granuloma inguinale are hereby declared to be infectious and communicable diseases, dangerous to the public health. Amended by L.1945, c. 104, p. 448, s. 2.

N.J. Stat. § 26:4-29 Determination of infectiousness; review

A case of venereal disease shall be regarded as infectious until a physician licensed to practice medicine has examined the case and reported to the local board that the case is not infectious, but if in the opinion of the local board of the jurisdiction the protection of the public health requires it, the board may review the case and cause a medical examination of any such case to be made by a physician designated by the board, and the opinion of such physician as to the infectiousness or noninfectiousness of the case shall be final.

N.J. Stat. § 26:4-30 Examination upon report from director.

26:4-30. When a local board or health officer receives a report from the director or from any person authorized by the director to make such report, that a person within the jurisdiction of the local board or health officer is, or is suspected to be, a person with a sexually transmitted infection, the board or health officer may cause a medical examination to be made of the person for the purpose of ascertaining whether or not such person is in fact a person with a sexually transmitted infection. Amended 2017, c.131, s.100.

N.J. Stat. § 26:4-31 Duty of suspected person to be examined; sex of examining physician

Any person requested by the local board or health officer to be examined under the authority of section 26:4-30 of this title shall submit to examination and permit necessary specimens of blood or bodily discharges to be taken for laboratory examination. The examination shall be made by a physician of the same sex as the person being examined if the latter so requests.

N.J. Stat. § 26:4-32 Prostitute; examination; certificate prohibited

A prostitute or other lewd person shall be considered a suspected person within the meaning of section 26:4-30 of this title and may be required to submit to examination at any time. No certificate of freedom from venereal disease shall be issued to any prostitute under any circumstances whatever.

N.J. Stat. § 26:4-33 Discovery of sources of infection

The local board shall use all reasonable means to ascertain the existence of any case of venereal disease within its jurisdiction. It shall investigate any case or suspected case that is not under the care of a reputable physician, and shall ascertain so far as is possible every source of infection and every exposure to infection.

N.J. Stat. § 26:4-34 Duty of attending physician

The physician in attendance upon a person having an infectious venereal disease, or suspected of having such disease, shall instruct the person in the precautionary measures for preventing the spread of the disease and the necessity for systematic and prolonged treatment. He also shall furnish to the person printed instructions for preventing infection, to be supplied to the physician by the state department on request.

N.J. Stat. § 26:4-35 Examination and quarantine of infected person failing to report to attending physician.

26:4-35. If a person in the infectious stage of a sexually transmitted infection shall fail to report as directed to the physician in attendance for treatment, the physician shall report such failure to the local board, or to the Department of Health, which shall forward the information to the local board. The local board may require such person to be examined as provided in sections 26:4-30 and 26:4-31 of this title. If upon examination the person is found to have a sexually transmitted infection in its infectious stage and does not present evidence to show that the person is being regularly treated by a licensed physician for the disease, the person shall be quarantined as described in sections 26:4-36 and 26:4-37 of this title. Amended 2017, c.131, s.101.

N.J. Stat. § 26:4-36 Quarantine; persons who may be quarantined; duration; penalty

Quarantine for venereal disease has the purpose of preventing transmission of venereal diseases and shall mean and include, restriction of the actions, behavior and movements of a person or confinement to a defined place and area. A local board or health officer or any physician shall report to the State department, and any licensed health officer or the State Director of Health or the authorized representative of either may quarantine for venereal disease the following persons: a. Any person who has or who is believed upon reasonable grounds to have a venereal disease in its infectious stage, if he is likely to spread the disease to others by reason of his failure or refusal to submit to treatment or by reason of his habits, or for any other reason. b. Any person who refuses or neglects to submit to a medical examination for venereal disease required under authority of any section of this article. c. Any person who refuses or neglects to supply, or to permit to be taken, the specimens required or requested under authority of any section of this article. d. Any person who refuses or neglects to submit to treatment for a venereal disease in an infectious stage. Such quarantine shall continue until the infected person is free from the disease or until such time as in the judgment of the health officer or his authorized representative who established the quarantine or by the State director or his authorized representative, it shall be safe for such infected person to be released from quarantine. Any person included in paragraphs b, c or d of this section shall be liable to the penalty provided for in section 26:4-49 in addition to the imposition of the penalty prescribed by section 26:4-129. Amended by L.1945, c. 104, p. 449, s. 3.

N.J. Stat. § 26:4-37 Quarantine, restrictions, proceedings, report

26:4-37. In establishing quarantine for venereal disease, the licensed health officer or the State Commissioner of Health, or the authorized representative of either shall by notice in writing define the restriction of the actions, behavior and movements of the person or the place and the limits of the area within which the person is to be quarantined. Such person while so quarantined shall observe and obey said notice restricting his actions, behavior and movements or remain within the place and area defined by said health officer, director or representative in said notice. The custodian, if any, of such person shall safely keep and confine said person and said notice shall be sufficient warrant and authorization therefor. Whenever a licensed health officer or the State Commissioner of Health or the authorized representative of either shall quarantine any person for venereal disease under authority of this article, he may also order the removal of such person to the place and area within which the person is to be quarantined for venereal disease, and the person shall proceed to such place at the time and in the manner specified. A licensed health officer or the State Commissioner of Health or the authorized representative of either one of them may file a complaint with any municipal court in the county or with the Superior Court against the following persons: a. Any person, who while quarantined for venereal disease fails, refuses or neglects to observe and obey said notice restricting his actions, behavior and movements, or to remain within the place and area defined by said health officer, director or representative or to proceed to a place for quarantine for venereal disease at the time and in the manner specified by said health officer, director or representative. b. Any person who fails, refuses or neglects to submit to, observe or obey the conditions of any commitment or to comply with any order made by any court under authority of this article. c. Any of the persons included in section 26:4-36 of this article. If a warrant issues, it shall be directed to the sheriff in the county, or any police officer. The court shall determine the matter without a jury. If the court finds that the person is one of those listed in this section against whom a complaint may be filed, it may commit such person to a State, county, or municipal hospital which will receive the person, or to any other place or institution suitable for and willing to receive the person for detention, examination, care and treatment, whether the hospital, place or institution be located within or without the county, or to the county jail or may make any order for the examination, care or treatment of said person which may be deemed proper under the circumstances. The complaint, commitment, and all other papers relating to the case shall be impounded and shall not be open to public inspection, and hearings shall not be open to the public. Any person committed under the provisions of this statute shall be held in the place to which committed until discharged by the court which heard the case or by the Superior Court or by order of the Commissioner of the State Department of Health. The local health officer having jurisdiction shall report to the State department any person quarantined for venereal disease, or upon whom a summons is served or against whom a warrant is issued under authority of this article except where the action is initiated by the State Commissioner of Health or his authorized representative. Amended 1945,c.104,s.4; 1953,c.26,s.36; 1991,c.91,s.291; 2023, c.250, s.31.

N.J. Stat. § 26:4-38 Report of private cases to state department

The physician, nurse, or other person treating a venereal disease shall report the case immediately to the state department.

N.J. Stat. § 26:4-39 Report of institutional cases to DOH.

26:4-39. The physician, superintendent, or other person having control or supervision over any State, county, or municipal hospital, or other public or private institution shall report the following cases to the Department of Health immediately after they are received into the institution: a. A person with a sexually transmitted infection, who enters the institution to receive care or treatment for the infection. b. A person with any other disease, who enters the institution to receive care or treatment for that disease, but who is found also to be a person with a sexually transmitted infection. Amended 2017, c.131, s.102.

N.J. Stat. § 26:4-40 Contents of report

The report required by sections 26:4-38 and 26:4-39 of this title shall contain the following information: a. Name, address, color, sex, nationality, and the age as nearly as practicable, of the person so infected with a venereal disease; b. Character of the disease; c. Probable source of infection; and d. Whether the case has been previously reported or not; and if it has been reported, when, where, and by whom it was reported.

N.J. Stat. § 26:4-41 Contents of reports secret; exceptions

No person shall disclose the name or address or the identity of any person known or suspected to have a venereal disease except to the person's physician or to a health authority, or, in the event of a prosecution under this article or under the criminal law of this State, to a prosecuting officer or to the court; provided, however, that the person's physician or a health authority may disclose the name, address or identity of such person when and only when the physician or health authority shall deem such disclosure necessary in order to protect the health or welfare of the person or of his family or of the public; and provided further, that nothing herein shall be construed as in any way restricting such disclosures to the State Department of Health. Documents, records or reports which contain or would reveal the name, address or identity of a person known or suspected to have a venereal disease or treated for such a disease shall not be open to inspection except by an authorized representative of the State Department of Health or, in the event of a prosecution under this article or under the criminal laws of this State, by a prosecuting officer or the court; provided, however, that the custodian of any such documents, records or reports may permit inspection of them by a licensed physician or a health official whenever said custodian shall deem such inspection necessary in order to protect the health or welfare of the person or of his family or of the public and the custodian of any hospital record shall permit examination of such record in connection with any claim for compensation or damages for personal injury or death resulting therefrom by any person authorized by any other law to make such examination. Amended by L.1945, c. 103, p. 446, s. 1; L.1952, c. 78, p. 409, s. 1.

N.J. Stat. § 26:4-46 Free treatment by local board

Any person suffering from a venereal disease in the infectious stage and who is unable to pay for treatment may apply for care and treatment to the local board having jurisdiction of the place in which he resides. If the board after investigation finds that the person is in fact unable to pay for treatment, it shall be provided without cost.

N.J. Stat. § 26:4-47 Free diagnosis and treatment by state department of health

The State Department of Health may: a. Provide appropriate laboratory services for the diagnosis of sexually-transmitted diseases; b. Provide antibiotics and other appropriate drugs and biologicals for the treatment and prevention of sexually-transmitted diseases. c. (Deleted by amendment.) d. (Deleted by amendment.) The Commissioner of Health may promulgate rules and regulations pertaining to payment for services and materials provided by the department hereunder, including a schedule of fees for such services and materials, consistent with the promotion of public health and the prevention of disease within the State. Amended by L.1973, c. 74, s. 1, eff. April 11, 1973.

N.J. Stat. § 26:4-48 Rules and regulations; authority of State Director of Health as to quarantine or examination

The State Department shall make and enforce any rule or regulation for the quarantining and treatment of a venereal disease which it may deem necessary for the protection of the public health. The State Department of Health shall by rule and regulation define the stages of venereal diseases to be regarded as infectious within the meaning of this article. The State Director of Health or any person or official authorized by him in writing for that purpose shall have the same power and authority as that conferred by any section or sections of this article upon any local board of health or health officer for the purposes of isolation or quarantine or to require or request examinations or submissions of specimens or treatment, observation or care for venereal diseases. Amended by L.1945, c. 104, p. 452, s. 5.

N.J. Stat. § 26:4-48.1 Optional treatment of persons opposed to medical treatment on religious grounds

In any quarantine for venereal disease or any commitment or court order imposed by authority of this act upon any person who, since immediately prior to the onset of the person's infection with a venereal disease, has been continuously a member of a well-recognized church, the principles of which are opposed to medical treatment for disease, any requirement to follow a course of medical treatment shall be optional, but in such case the termination of the period of quarantine, commitment or applicability of the court order shall be determined by the duration of the infectious stage of the disease, as defined by the State Department of Health; provided, however, that nothing herein shall be construed as exempting any such person from any other provision of this act, including the requirements to submit to medical examination and to supply specimens or permit such specimens to be taken, where such person has or there are reasonable grounds to believe such person may have a venereal disease in an infectious stage. L.1945, c. 104, p. 452, s. 6.

N.J. Stat. § 26:4-48.2 Expedited partner therapy.

1. a. Notwithstanding any other provision of law to the contrary, a health care professional who diagnoses a patient as having a sexually transmitted disease may provide expedited partner therapy to a sexual partner of the patient pursuant to this act. b. Expedited partner therapy shall consist of the health care professional: (1) prescribing or dispensing medication for the treatment of the sexually transmitted disease. The medication shall be prescribed or dispensed in the sexual partner's name or, if not known, in the name of "Expedited Partner Therapy," and provided to the patient to give to the sexual partner; (2) providing the patient with printed informational materials, which have been distributed by the department pursuant to subsection a. of section 2 of this act, for the patient to give to the sexual partner; and (3) requesting that the patient advise the sexual partner of the importance of seeking clinical treatment for the sexually transmitted disease from a health care professional. The health care professional shall not be required to perform a clinical examination of the sexual partner as a condition of providing expedited partner therapy. c. A health care professional may provide expedited partner therapy to any sexual partner of the patient, provided that: (1) the patient indicates with reasonable certainty that the patient has had sexual contact with the sexual partner within the past 60 days under circumstances in which there was a risk of transmission of a sexually transmitted disease; (2) the patient indicates with reasonable certainty that the sexual partner is unable or unwilling to seek clinical services in a timely manner; and (3) the patient indicates with reasonable certainty that the patient will be able to contact the sexual partner for the purposes of providing expedited partner therapy. d. As used in this act: "Commissioner" means the Commissioner of Health. "Department" means the Department of Health. "Health care professional" means a physician, advanced practice nurse, certified nurse midwife, or physician assistant who is authorized to issue prescriptions for the medications used in expedited partner therapy and for whom the treatment of sexually transmitted disease is within the physician's, advanced practice nurse's, certified nurse midwife's, or physician assistant's scope of training and practice. L.2019, c.336, s.1.

N.J. Stat. § 26:4-48.3 Informational materials.

2. a. The department shall develop and print written informational materials related to expedited partner therapy, in accordance with the provisions of this section, and shall regularly distribute an adequate supply of printed copies of the informational materials to health care professionals in the State. A health care professional who elects to provide expedited partner therapy shall hand out copies of the informational materials, which have been distributed by the department pursuant to this subsection, to each patient under the professional's care who is diagnosed with a sexually transmitted disease, for subsequent delivery by the patient to all of the patient's sexual partners who are eligible for expedited partner therapy. b. The written informational materials that are developed and distributed by the department pursuant to subsection a. of this section shall be made available in English, Spanish, and any other language that the commissioner determines is the first language of a significant number of people who use or are likely to use expedited partner therapy, and shall include the following: (1) Information about any medication prescribed or dispensed, including clear and explicit allergy and side effect warnings and a statement that a person who has a history of allergy to the medication, or medications in the same pharmaceutical class as the medication, should not take the medication and should immediately contact a health care professional for a clinical examination; (2) A warning that a woman who is pregnant or who might be pregnant should not take certain antibiotics and should immediately contact a health care professional for a clinical examination; (3) Information about the treatment and prevention of sexually transmitted diseases, including the necessity of practicing abstinence for a certain period of time during and after treatment to prevent the risk of exposing others to infection; (4) Notice concerning the risk to the person, the person's sexual partners, and others, as well as the risk to the public health, if the sexually transmitted disease is not completely and successfully treated; (5) A recommendation that the person contact a health care professional for a clinical examination that includes testing for sexually transmitted diseases, including the human immunodeficiency virus, and information concerning available testing and clinical resources; (6) Information concerning the person's responsibility to inform the person's sexual partners of the risk of infection with a sexually transmitted disease, and the importance of urging those partners to seek prompt clinical examination and treatment; (7) Advice to all women and symptomatic persons, and, in particular, women with symptoms suggestive of pelvic inflammatory disease, to seek medical attention; (8) Notice that the person may contact a health care professional, the local board of health, or the department with questions concerning the information contained in the materials; (9) Notice that the person will be liable for the cost of the medication prescribed, unless the person has prescription benefits coverage or the medication was dispensed or otherwise furnished by a health care professional without charge; and (10) Any other information as may be required by the department, including any additional information or materials the department recommends be provided to persons who are repeatedly diagnosed with a sexually transmitted disease. c. In consideration of the recommendations and guidelines issued by the federal Centers for Disease Control and Prevention, the department shall develop and make available to health care professionals informational materials and guidance concerning the safe and effective provision of expedited partner therapy. The department may also offer educational programs about expedited partner therapy for health care professionals and licensed pharmacists. d. The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consideration of recommendations and guidelines issued by the federal Centers for Disease Control and Prevention, adopt rules and regulations to effectuate the provisions of this act, including, but not limited to, establishing a list of sexually transmitted diseases that may be treated through expedited partner therapy. L.2019, c.336, s.2.

N.J. Stat. § 26:4-48.4 Immunity from liability.

3. a. Except in the case of gross negligence or willful misconduct, a health care professional who provides expedited partner therapy pursuant to this act, and a licensed pharmacist who dispenses a prescription for medication issued for expedited partner therapy pursuant to this act, shall not be subject to civil or criminal liability or professional disciplinary action in connection with any act or omission taken in good faith consistent with the provisions of this act. A health care professional shall not be subject to civil or criminal liability or professional disciplinary action for choosing not to provide expedited partner therapy. b. Nothing in this act shall be construed to require a patient's health benefits plan or prescription benefits plan to pay for or provide reimbursement for anyone other than the patient who is provided expedited partner therapy pursuant to this act unless the person to whom expedited partner therapy is being provided is listed as a beneficiary under the patient's health benefits plan or prescription benefits plan. L.2019, c.336, s.3.

N.J. Stat. § 26:4-49 Additional penalty for second offense

In case a defendant shall have been twice convicted, within the space of six months, of the violation of the same provision of this article and due proof of such fact is made, the court may, in addition to the imposition of the penalty prescribed by section 26:4-129 of this Title, cause the defendant to be imprisoned, with or without hard labor, for any number of days not exceeding one for each dollar of the penalty. Amended by L.1953, c. 26, p. 474, s. 37.

N.J. Stat. § 26:4-49.1 Blood sample, syphilis testing for pregnant women.

1. Every physician attending pregnant women in the State for conditions relating to their pregnancy during the period of gestation and/or at delivery shall, in the case of every woman so attended, take or cause to be taken a sample of blood of such woman at the time of first examination and take or cause to be taken a sample of blood of the woman or from the umbilical cord of the infant at the time of delivery of a live infant, and shall submit such sample to an approved laboratory for a standard serological test for syphilis. Every other person permitted by law to attend pregnant women in the State, but not permitted by law to take blood samples, shall cause a sample of blood of such pregnant women or postpartum woman or infant, as the case may be, to be taken by a physician duly licensed to practice medicine and surgery and have such sample submitted to an approved laboratory for a standard serological test for syphilis. L.1938,c.41,s.1; amended 1997,c.230,s.1.

N.J. Stat. § 26:4-49.2 Standard serological test; duty of State Department of Health

For the purpose of this act a standard serological test shall be a test for syphilis approved by the State Department of Health, and shall be made at a laboratory licensed in syphilis serology by the department, or by a laboratory in this State approved to make such tests by said department, or at a laboratory outside this State approved by said department, or the health department of the state or territory of the United States or District of Columbia wherein it is located, or at a laboratory of the Armed Forces of the United States or the United States Public Health Services. Such laboratory tests as are required by this act may, at the option of the department, be performed in the laboratories of the State Department of Health without charge. L.1938, c. 41, p. 116, s. 2. Amended by L.1971, c. 84, s. 1, eff. April 8, 1971.

N.J. Stat. § 26:4-49.3 Statement of blood test in birth or stillbirth report.

3. In reporting every birth and stillbirth, physicians and others required to make such reports shall state on the certificate whether a blood test for syphilis has been made upon a specimen of blood taken from the woman who bore the child or from the umbilical cord of the infant for which a birth or stillbirth certificate is filed and the date when the specimen was taken. L.1938,c.41,s.3; amended 1997,c.230,s.2.

N.J. Stat. § 26:4-49.4 Effective date

This act shall take effect January first, one thousand nine hundred and thirty-nine. L.1938, c. 41, p. 117, s. 5.

N.J. Stat. § 26:4-49.5 Migrant laborers; definition

For the purposes of this act "migrant laborer" shall mean any seasonal, temporary or migrant worker entering New Jersey and living in a tent, vehicle, building or structure used as living quarters directly or indirectly in connection with any work or place where work is being performed, whether or not rent is paid or reserved in connection with the use or occupancy of such premises. L.1945, c. 102, p. 445, s. 1.

N.J. Stat. § 26:4-49.6 Examination of migrant laborers; notice to State Department of Health

Any migrant laborer who cannot show satisfactory evidence of examination for syphilis, gonorrhea and other venereal diseases having been performed by a health department or licensed physician within ninety days prior to entry into New Jersey shall submit to such examination as prescribed by the State Department of Health within thirty days after such entry. Said examination shall be performed by a duly licensed physician chosen by the migrant laborer or provided by the State Department of Health. Any person who shall employ one or more migrant laborers shall notify the State Department of Health within five days of the commencement of such employment whether such person or persons have been examined as required by this section. L.1945, c. 102, p. 446, s. 2.

N.J. Stat. § 26:4-49.7 Examination and treatment by order of court

1. When it appears to the Superior Court or to any municipal court, from the evidence or otherwise, that any person coming before such court on any charge, may have a venereal disease in an infectious stage, it shall be the duty of such court to order the person to submit to a medical examination for venereal diseases, in a jail or at a hospital or clinic or by such physician as may be selected or appointed for the purpose, and if found to have a venereal disease in an infectious stage to submit to treatment in such jail, hospital or clinic or by such officer or to other treatment permitted under the medical practice act. L.1945,c.101,s.1; amended 1953,c.26,s.38; 1991,c.91,s.292.

N.J. Stat. § 26:4-49.8 Examination and treatment for venereal disease of inmates of institutions

The warden or other person in charge of any jail, house of correction, or other penal or correctional institution shall require and cause a medical examination for venereal diseases to be made of any person therein confined for a period of seven days or longer and such warden or other person in charge may require such examination to be made of any person therein confined for a shorter period of time. The superintendent or other person in charge of any detention or contagious disease hospital, or any State, county or city charitable institution shall require and cause a medical examination for venereal diseases to be made of all persons admitted as soon as practicable after admission. Any board or agency operating such jail or institution shall provide a physician licensed to practice medicine and suitable facilities, equipment and supplies to examine inmates for venereal disease and to treat any inmate who is known or found to have a venereal disease and who is in need of treatment. The warden, superintendent or other person in charge of such jail or institution may isolate any inmate who refuses to submit to such examination or who refuses to permit the taking of specimens or any inmate with an infectious venereal disease. If a person has a venereal disease or if any person has refused to submit to examination or to allow specimens to be taken, the warden, superintendent or other person in charge shall notify the State department and may also notify the local health officer of the expected date of release of such person and the facts of the case. Such notification shall be made, if possible, at least five days prior to the actual date of release, and shall be made not later than the day following the date of release in any case. L.1945, c. 101, p. 444, s. 2.

N.J. Stat. § 26:4-57.1 Application for financial aid

Any person declared by the department of health to be a carrier of the causative agent of typhoid fever, paratyphoid fever or other disease the infective agent of which is transmissible through food to other persons may apply to the director of health for financial aid for medical or surgical treatment for such carrier condition and for hospital care and maintenance. In the case of a minor the parent or guardian of such person may make such application on his behalf.

N.J. Stat. § 26:4-57.2 Inquiry by director of health

Upon receipt of any such application the director shall inquire into the circumstances for the purpose of determining whether such person should properly receive medical or surgical treatment and hospital care as a result of the carrier condition and is unable to pay for such treatment and care, and whether such person is in need of aid for maintenance as a result of inability to earn a livelihood for himself or dependents because of restrictions placed upon such a carrier by the laws of this state or by regulations enacted by the state department of health to protect the public health.

N.J. Stat. § 26:4-57.3 Determination of kind and amount of aid; maximum annual amount

If, after such inquiry, the director is satisfied that financial aid for any or all the purposes set forth above should be granted such person, he shall so report to the department of health setting forth facts found in said inquiry. If the department shall decide that financial aid for any or all the purposes set forth above should be granted such person, the department shall determine the kind and amount of such aid which shall be given and such aid shall then be given from state funds in such amounts, for such purpose or purposes and at such intervals as the director in conformity with the decision of the department shall certify; provided, that the total amount of such aid granted in any one fiscal year to any such carrier shall not exceed the sum of six hundred dollars.

N.J. Stat. § 26:4-60 Register of reported cases and examinations; inspection

The local board shall cause all reports of cases of tuberculosis, and the results of any examination showing the presence of the bacilli of tuberculosis to be recorded in a register of which it shall be the custodian. Such register shall not be open to inspection by any person other than the State department and the local board. The local board shall not permit any such report or record to be divulged so as to disclose the identity of the person to whom it relates, except as may be necessary to carry into effect the provisions of this article. Amended by L.1977, c. 63, s. 6, eff. April 15, 1977.

N.J. Stat. § 26:4-69 Expenditure of appropriations

The State department shall expend such sums as shall be annually appropriated for the study, treatment and prevention of tuberculosis. Amended by L.1977, c. 63, s. 7, eff. April 15, 1977.

N.J. Stat. § 26:4-70 Rules and regulations by state department; distribution of copies; enforcement

The State department shall make rules and regulations for the care of persons suffering with tuberculosis, and for preventing the spread of the disease. The State department shall enforce the rules and regulations and see that they are enforced, for which purpose it may issue orders to local boards and practicing physicians. Every local board shall also enforce said rules and regulations. Amended by L.1977, c. 63, s. 8, eff. April 15, 1977.

N.J. Stat. § 26:4-71 Investigation of reported cases

When cases of tuberculosis are reported to the state department as required by law, the state department and the local boards shall investigate such cases for the purpose of ascertaining whether the rules and regulations of the state department are being complied with.

N.J. Stat. § 26:4-71.3 Person with communicable tuberculosis leaving hospital against medical advice; report.

3. If any person who has tuberculosis in a communicable form shall leave any hospital against medical advice, the administrator shall report such person to the local board of health of the municipality in which such patient was residing when admitted to the hospital and to the Commissioner of Health within 12 hours. Such report shall be in writing and shall state whether the person has tuberculosis in a communicable form. L.1949, c.196, s.3; amended 1977, c.63, s.9; 2017, c.131, s.103.

N.J. Stat. § 26:4-73 Duty to report to local board

Whenever one or both eyes of an infant become inflamed, swollen or reddened, or show any unnatural discharge at any time within two weeks after its birth, and no licensed practitioner of medicine is in attendance upon the infant at the time, the midwife, nurse, attendant or relative having charge of such infant shall report the fact in writing, within six hours, to the local board of health having jurisdiction over the locality in which the parents of the infant reside.

N.J. Stat. § 26:4-74 Compulsory treatment

Upon receipt of such report the local board shall direct the parents or persons having charge of such infant to place the infant immediately under the care of a licensed physician, or under the care of the physician of the local municipal government of the locality over which the local board has jurisdiction, if the parents are unable to pay for medical services.

N.J. Stat. § 26:4-75 Distribution of copies of law

The local board shall furnish a copy of this article to every licensed physician, nurse, and midwife, and any other person deemed proper by the local board in the locality over which the board has jurisdiction, and the state department shall cause a sufficient number of such copies to be printed to supply each local board with the necessary quantity.

N.J. Stat. § 26:4-76 Free remedies

The state department shall furnish, free of cost, to a licensed physician or midwife, any prophylactic remedy which it deems best for the prevention of ophthalmia neonatorum, together with instructions which it considers necessary for the proper administration of the same.

N.J. Stat. § 26:4-77 Violations; penalty; recovery

Any person who violates any of the provisions of this article shall be liable to a penalty of fifty dollars ($50.00) to be recovered in a civil action by the local board of the municipality in which the violation occurs. Amended by L.1953, c. 26, p. 476, s. 46.

N.J. Stat. § 26:4-78 Report of suspected cases of rabies

Whenever a dog, cat or other animal is affected by rabies or suspected of being affected by rabies or has been bitten by an animal known or suspected to be affected by rabies, the owner or person in charge of the animal or any person having knowledge thereof, shall forthwith notify the local board having jurisdiction of the place where the animal is located. The notification shall be in writing, signed by the person making the same and shall state where the animal may be found.

N.J. Stat. § 26:4-79 Report by physician attending person bitten by animal

Every physician shall, within twelve hours after his first professional attendance upon any person bitten by a dog, cat or other animal, report to the person designated by law or by the local board, under authority of law, to receive reports of reportable communicable diseases in the municipality in which the person so bitten may be, the name, age, sex, color and the precise location of the person so bitten.

N.J. Stat. § 26:4-80 Report by parent or guardian when child is bitten and no physician attends

The parent or guardian of a child bitten by a dog, cat or other animal, when no physician attends such child, shall within twelve hours after first having knowledge that the child was so bitten, report to the person designated by law or by the local board, under authority of law, to receive reports of reportable communicable diseases in the municipality in which the child so bitten may be, the name, age, sex, color and the precise location of the child.

N.J. Stat. § 26:4-81 Report when adult is bitten and no physician attends

If an adult is bitten by a dog, cat or other animal and no physician attends him, the adult, or if he is incapacitated, the person caring for him, shall report to the person designated by law or by the local board of health to receive reports of communicable diseases in the municipality in which the adult so bitten may be, the name, age, sex, color and the precise location of the adult. The report shall be made within twelve hours after the adult was so bitten, or if he is incapacitated, the report shall be made within twelve hours after the person caring for him shall first have knowledge that the adult was so bitten.

N.J. Stat. § 26:4-82 Confining animal which has attacked or bitten person

The local board, within its jurisdiction, may serve notice upon the owner or person in charge of a dog, cat or other animal which has attacked or bitten a person, to confine the animal at the expense of the owner or person in charge of it upon the premises of the owner or person in charge or at some other place designated in the notice, for at least ten days after the animal has attacked or bitten a person.

N.J. Stat. § 26:4-83 Killing or confining animal bitten by another

The local board, within its jurisdiction, shall serve a notice, in writing, upon the owner or person in charge of a dog, cat or other animal known or suspected to have been bitten by an animal known or suspected of being affected by rabies, requiring the owner or person in charge of the animal to kill it or confine it for a period of not less than six months.

N.J. Stat. § 26:4-84 Confining animals to prevent spread of rabies

Whenever the local board or any officer or inspector thereof has reason to believe or has been notified by the State Department that there is danger that rabies may spread within the jurisdiction of such board, such board, officer or inspector shall serve a notice, in writing, upon all persons within the jurisdiction of such board, so far as the same may be known to the board or to such officer or inspector thereof, owning or having charge of any dog, requiring such person to confine such dog, or such board, officer or inspector in lieu of serving such notice, in writing, may cause a notice to be published in the official newspaper of such municipality. Other animals may be included in the order whenever, in the opinion of such board, this is necessary. Whenever the State Department has knowledge that any case of rabies exists among dogs or other domestic animals, within the State, and in its judgment the disease is liable to spread, the department may issue an order requiring any local board to order animals confined as provided in this section, and to cause its provisions to be enforced, by appropriate proceedings either in law or in equity. Amended by L.1939, c. 201, p. 578, s. 1.

N.J. Stat. § 26:4-85 Permit to release animals

An animal confined under order of the local board shall not be released until a certificate of release has been issued by the board.

N.J. Stat. § 26:4-86 Examination of animals by local board

26:4-86. The local board or the duly authorized agent of the board, within its jurisdiction, shall be permitted by the owner or person in charge of a dog, cat or other animal which has attacked or bitten a person, to examine the animal at any time, and daily if desired, within a period of 10 days after the animal has attacked or bitten a person, to determine whether the animal shows symptoms of rabies. If the animal dies within the 10-day confinement period or if the owner or person in charge of the animal chooses to euthanize the animal at any time during the confinement period, the local board may order a laboratory examination for rabies to be performed on the dead animal, in compliance with section 2 of P.L.2021, c.436 (C.26:4-86.2). Except as provided for in section 2 of P.L.2021, c.436 (C.26:4-86.2), no person shall refuse, obstruct, or interfere with the local board in making any examination authorized pursuant to this section. Amended 1989,c.297,s.1; 2021, c.436, s.3.

N.J. Stat. § 26:4-86.1 Findings, declarations.

1. The Legislature finds and declares that: pets are important in the lives of their owners and are often integral to the owner's well-being and emotional and mental health; a domestic companion animal, the term often used for a pet in State law, may provide companionship to its owner as important as the owner's human companions and family members and, in some cases, may be the owner's only companion in the household; a domestic companion animal is often as treasured as a family member; the loss of a domestic companion animal can be mourned with the same depth of emotion as the loss of a human family member and may have a profound effect on the mental health of an owner; organizations such as the Substance Abuse and Mental Health Services Administration in the United States Department of Health and Human Services and the National Association on Mental Illness have noted the effectiveness of animal therapy in treating or managing mental illness and the benefits attributed to the unconditional acceptance and affection received from interacting with an animal; because of the importance of a domestic companion animal to its owner its illness or death is traumatic for the owner, particularly when the owner authorizes euthanizing the animal; such trauma is unnecessarily exacerbated when the owner is not properly notified about procedures that are required in connection with the disposition of the remains of the domestic companion animal; and failure to forewarn the owner of any necessary dismemberment of the animal for public health reasons is wrongful and unnecessarily injurious to the owner. The Legislature therefore determines that it is the public policy of the State to require those caring for an animal, including veterinarians and staff at animal hospitals, to: (1) clearly communicate to the owner the tests and procedures required and how the tests and procedures may affect the condition of the animal's body after death; and (2) disclose whether the remains of the animal can be returned to the owner, and the condition of the those remains. The Legislature further determines that the importance of the connection between domestic companion animals and their owners needs to be recognized and addressed by those who treat animals, euthanize them, and handle their remains after death. L.2021, c.436, s.1.

N.J. Stat. § 26:4-86.2 Rabies testing requirements; notifying owner, acknowledgement from owner.

2. a. Except as provided under subsection e. of this section, no rabies testing shall be performed on a dead domestic companion animal until the health official requiring the rabies testing, or the veterinarian preparing and submitting the specimen for rabies testing, and the owner of the animal have complied with the requirements of subsections b. and c. of this section. b. Whenever it is necessary to test a dead domestic companion animal for rabies, prior to commencing any testing procedure, the health official requiring the rabies testing, or the veterinarian preparing and submitting the specimen for rabies testing, as applicable, shall notify at the first opportunity the owner of the animal, if known, verbally and in writing, of: (1) the necessity of the rabies testing and the reasons therefor; (2) the rabies testing protocol to be followed; (3) the protocol to be followed with regard to the handling of the animal's body; (4) the protocol to be followed with regard to the disposal of the animal's body or its return to the owner; and (5) the protocol of decapitation. c. Upon receiving the notification required in subsection b. of this section, the owner of the animal shall immediately provide, in writing, in the manner prescribed by the department pursuant to subsection d. of this section: (1) release of the animal to the health official or veterinarian, as applicable, for the rabies testing, in accordance with the protocols to be followed pursuant to subsection b. of this section; and (2) the owner's signature to acknowledge notification about the protocols and procedures to be followed pursuant to this section. d. The Department of Health shall develop and provide on its website forms for use in providing the notification required pursuant to subsection b. of this section, and the release, and acknowledgement of notification required pursuant to subsection c. of this section. e. This section shall not apply to rabies testing required pursuant to section 10 of P.L.1989, c.307 (C.4:19-26) or to the handling of an impounded animal that is suspected of being rabid pursuant to section 16 of P.L.1941, c.151 (C.4:19-15.16). In cases where a veterinarian or health official has made reasonable attempts to contact the owner to comply with this section and the owner is unable to be contacted or refuses to provide a signature, rabies testing can proceed. When contact is made but a written signature or acknowledgement by the owner cannot be obtained, the veterinarian or health official shall document the date and time that verbal notification was made to the owner and keep this information on file for six months. f. Nothing in this section shall be construed to interfere with the powers of any municipality to control rabies consistent with R.S.26:4-95. g. As used in this section, "domestic companion animal" means any animal commonly referred to as a pet that was bought, bred, raised, or otherwise acquired, in accordance with local ordinances and State and federal law, for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes. "Domestic companion animal" shall not include "domestic livestock" as defined in subsection c. of section 1 of P.L.1995, c.311 (C.4:22-16.1). L.2021, c.436, s.2.

N.J. Stat. § 26:4-87 Local board to report prevalence of rabies

Each local board shall furnish information to the state department concerning the prevalence of rabies within its jurisdiction whenever or as often as requested to do so by the state department.

N.J. Stat. § 26:4-88 Circular on rabies; distribution

The state department shall prepare a circular containing a description of the symptoms, the methods of transmission, the treatment, and the preventive measures to be taken against the spread of rabies, and, upon application, shall provide sufficient copies of the circular for distribution. The circulars shall be furnished to the person empowered under the law to license dogs, and if there is no provision for such person within the jurisdiction of the local board of health, the local board is empowered to act. Such person or board shall apply to the state department for a sufficient number of such circulars, and shall, at the time of licensing, furnish a copy of the circular to each person who may obtain a dog license.

N.J. Stat. § 26:4-89 Free Pasteur treatment

Each local board may furnish without charge the Pasteur treatment for any indigent person, residing within its jurisdiction, who has been bitten by an animal known or suspected to be affected by rabies. Any expense thus incurred shall be provided for by the governing body having charge of the finances of the municipality in which the indigent person resides in the same manner as the regular funds of the board are provided for.

N.J. Stat. § 26:4-94 Penalties; recovery.

26:4-94. Any person who violates any of the provisions of this article, or any notice served thereunder, shall be liable to a penalty of $50 for the first offense, and not less than $50 nor more than $250 for each subsequent offense, to be recovered in a civil action brought by and in the name of the Department of Health or a local board. Penalties hereunder shall be enforced and collected pursuant to R.S.26:3-72, R.S.26:3-77 and R.S.26:3-78. amended 1939, c.201, s.2; 1942, c.41; 1953, c.26, s.47; 2014, c.69, s.5; 2021, c.436, s.4.

N.J. Stat. § 26:4-95 Powers of municipalities not affected

Nothing in this article shall be construed to change or affect the provisions of any law authorizing the mayor or governing body of a municipality to enforce measures for the restriction and control of rabies.

N.J. Stat. § 26:4-95.1 Establishment and conduct of virology program; objectives

The State Department of Health is hereby directed to establish and conduct a virology program having as its objectives: (a) the furnishing of services as may be necessary to establish the presence of virus diseases, and to establish epidemiological control of virus diseases as well as those services necessary to determine the effectiveness of control measures. (b) development of improved techniques or methodologies in establishing the presence of virus diseases and the control thereof. L.1958, c. 24, p. 74, s. 1.

N.J. Stat. § 26:4-95.2 Financing virology program

The virology program shall be financed during the current fiscal year from any moneys available to the department. L.1958, c. 24, p. 74, s. 2.

N.J. Stat. § 26:4-95.3 Findings, declarations relative to HPV.

1. The Legislature finds and declares that: a. The human papillomavirus (HPV) is the most common sexually transmitted infection in the United States, and can be transmitted without intercourse; b. Although most HPV infections are benign and many strains clear on their own, certain strains have serious consequences, including cervical cancer and genital warts; c. HPV has been detected in over 90% of cervical cancer cases, and the American Cancer Society estimates that over 9,700 new cases of HPV-related cervical cancer will occur in the United States this year; and d. It is appropriate to take measures through education to significantly reduce medical problems and deaths attributable to HPV. L.2007, c.134, s.1.

N.J. Stat. § 26:4-95.4 Public awareness campaign about HPV.

3. a. The Commissioner of Health, in consultation with the Commissioner of Education and the Director of the Division on Women in the Department of Children and Families, shall establish a public awareness campaign to inform the general public about the clinical significance and public health implications of the human papillomavirus, including its causes and the most effective means of prevention and treatment. The public awareness campaign shall be established in accordance with accepted public health practice and recommendations of the federal Centers for Disease Control and Prevention, and within the limits of available funds and any other resources available for the purposes thereof. b. The commissioner shall prepare a patient information brochure regarding the human papillomavirus, including its causes and the most effective means of prevention and treatment. The department shall distribute the pamphlet, at no charge, to all pediatricians in the State. The department shall update the pamphlet as necessary, and shall make additional copies of the pamphlet available to other health care providers upon request. L.2007, c.134, s.3; amended 2012, c.16, s.51; 2012, c.17, s.338.

N.J. Stat. § 26:4-96 Laboratory supplies

The state department may prepare in the state bacteriological laboratory culture media, stains, solutions, cultures, cultural products, and other laboratory supplies which may be useful to the county or municipal laboratories, physicians, or pharmacists in this state. Such materials may be sold at prices fixed by the state department to county and municipal laboratories, physicians, and pharmacists in this state under rules and regulations adopted by the department.

N.J. Stat. § 26:4-97 Disposition of receipts from sale of supplies

All moneys received from the sale of such laboratory supplies shall be paid by the state department to the state treasurer and shall be added to the amount appropriated for the support of the bacteriological laboratory, and shall be expended by the state department for the maintenance of the laboratory.

N.J. Stat. § 26:4-98 Impure biological products; prohibiting sale or use of

If the state department ascertains that any vaccine virus, antitoxin, or other biological product sold, or offered for sale, or held for sale or use for prophylactic or remedial purposes is dangerous to human health, or so impure or inert as to be inefficacious in rendering immune or less susceptible to disease any person in whom the product may be used, the department may prohibit the further sale or use of such product or any other biological product manufactured or produced by the same party. No person shall knowingly sell or offer for sale, or use, or offer for use, any such prohibited product.

N.J. Stat. § 26:4-99 Free distribution of toxoid and vaccine; appropriation

The state department may purchase and distribute free, in accordance with rules of the department, diphtheria toxoid or toxin-antitoxin, or both, and smallpox vaccine. For the purchase and distribution of such materials and for expenses incident to such distribution and the keeping of records of the use of such materials, the department may expend such sum as shall be appropriated in any annual or supplemental appropriation act.

N.J. Stat. § 26:4-100 Sale of surplus antitoxin manufactured by local board

The local board of health of any city which is engaged in the production of diphtheria antitoxin may sell any surplus antitoxin at a price determined by it.

N.J. Stat. § 26:4-100.1 Anti-pneumococcic serum; purchase and distribution free by State Department of Health

The Department of Health of the State of New Jersey is hereby authorized to purchase and to distribute free, anti-pneumococcic serum for the treatment of persons affected with pneumonia and for determining the type of pneumococci from persons suspected or known to have the disease. L.1938, c. 24, p. 97, s. 1.

N.J. Stat. § 26:4-100.2 Anti-pneumococcic serum; supplying free to licensed physicians

Anti-pneumococcic serum may be supplied free by the said department to a physician licensed to practice in the State of New Jersey only after he has signed an application which shall contain a statement that the person to be treated is affected with pneumonia and is financially unable to purchase the serum, and such other facts as the State Department of Health may require, including the name and address of the patient, the type of pneumococci present, the duration of the disease and the amount of serum requested. The said department may review any such application for serum and if it finds a false or misleading statement as to the ability of the person to pay for the serum, a bill therefor shall be presented to said person. L.1938, c. 24, p. 97, s. 2.

N.J. Stat. § 26:4-100.3 Rules and regulations by State Department of Health

The State Department of Health shall be and is hereby empowered to make necessary rules and regulations for the purpose of administering this act. L.1938, c. 24, p. 98, s. 4.

N.J. Stat. § 26:4-100.4 Typhoid vaccine and other biologicals and antibiotics; free distribution

The Department of Health of the State of New Jersey is hereby authorized, within the limits of available appropriations therefor, to purchase and to distribute free, in accordance with rules of said department, typhoid vaccine, other biologicals, and antibiotics, for use in preventing or treating communicable diseases. L.1942, c. 148, p. 444, s. 1. Amended by L.1947, c. 323, p. 1048, s. 2.

N.J. Stat. § 26:4-100.5 Expenditures authorized

For the purchase and distribution of the said materials, and for expenses incident to such distribution and the keeping of records of the use of said material, the said department is hereby authorized to expend such sum as shall be appropriated by any law, or such amount as may be available to the department for other biological products, or which may otherwise be available. L.1942, c. 148, p. 444, s. 2.

N.J. Stat. § 26:4-100.6 Poliomyelitis vaccine; regulation of purchase, sale, distribution and use

It is hereby declared to be the policy of the State that no child shall be denied vaccination against poliomyelitis because of inability to pay the cost thereof. It is hereby found that there exists a shortage of poliomyelitis vaccine (hereinafter referred to as "the vaccine") and that the public interest requires that the purchase, sale, distribution and use of the vaccine shall, so long as the shortage shall exist, be controlled and regulated as herein provided, to the end that fair and equitable distribution may be had and the vaccine be administered to children and others in accordance with priority groups based on the relative susceptibility of various age groups of children and others to poliomyelitis. L.1955, c. 69, p. 230, s. 1.

N.J. Stat. § 26:4-100.7 Purchase of vaccine to supplement federal grants; distribution

The State Commissioner of Health (hereinafter referred to as "the commissioner") is authorized and directed, without compliance with chapter 48 of the laws of 1954, to purchase poliomyelitis vaccine supplementing that which may be made available pursuant to conditions of Federal grants in sufficient quantities to inoculate children of this State who shall not have attained the age of 20 years and for whom free vaccine is not available through the auspices of the National Foundation for Infantile Paralysis or because of inability to pay the cost thereof. The commissioner shall distribute the vaccine so purchased or acquired under such plan, procedures and regulations as to him shall appear necessary or appropriate to accomplish the objective of providing the vaccine without cost for such children, fairly and equitably, according to priority groups based upon the relative susceptibility of various age groups of children to poliomyelitis as determined by the commissioner and upon such evidence or assurances of use for such children as to the commissioner shall appear to be adequate and consistent with expeditious distribution of the vaccine. L.1955, c. 69, p. 231, s. 2.

N.J. Stat. § 26:4-100.8 Federal grants

The commissioner on behalf of the State is authorized and directed to apply for and receive Federal grants of the vaccine or funds therefor and to use such funds for the purchase of the vaccine in accordance with the conditions of such grants and for distribution as provided in section 2 of this act, and to make such reports and establish such methods and procedures as may be required for such Federal grants. L.1955, c. 69, p. 231, s. 3.

N.J. Stat. § 26:4-100.9 Participation and cooperation of other State departments

In carrying out the purposes of this act the commissioner is authorized to enlist the participation and co-operation of the State Department of Education, the Division of Purchase and Property, the Division of Civil Defense and any other department or division which in his opinion may be of assistance to him, and every such department or division, so enlisted, is authorized and directed so to assist the commissioner. L.1955, c. 69, p. 231, s. 4.

N.J. Stat. § 26:4-100.10 Powers of Commissioner; violation

(a) The commissioner shall have the power and authority, upon a finding that the vaccine continues to be in short supply, to make, promulgate, suspend, repeal and enforce rules and regulations concerning the purchase, sale, distribution, and use of the vaccine, to the end that the vaccine, whether distributed by an agency of the State or through private channels, shall be fairly and equitably available to all children and others in accordance with priority groups based on the relative susceptibility of various age groups of children and others to poliomyelitis, as found and determined by the commissioner and prohibiting the sale, offer to sell, purchase, distribution and use of the vaccine in contravention of such rules and regulations. No person shall buy, sell, offer to sell, distribute or use the vaccine except in accordance with such rules and regulations. (b) Such rules and regulations and all amendments thereof may be adopted with or without public hearing; shall be filed with the Secretary of State; and shall become effective immediately upon the filing thereof, unless otherwise therein provided. (c) Any person who knowingly violates any provision of this act or of any rule or regulation adopted thereunder, or who conspires with or knowingly aids, abets or assists another to do so, is a disorderly person. (d) The expiration or other termination of a rule or regulation shall not terminate or affect the liability of a person for violation thereof or of this act. L.1955, c. 69, p. 232, s. 5.

N.J. Stat. § 26:4-100.11 Appropriation for purchase of vaccine

In addition to the sums appropriated to the State Department of Health during the fiscal year 1955-56, there is hereby appropriated out of the general treasury for the period between the date of the enactment of this act and June 30, 1956, the sum of $570,000.00 for the purchase of the vaccine and for no other purpose. L.1955, c. 69, p. 232, s. 6.

N.J. Stat. § 26:4-100.12 General appropriation

For carrying out the provisions of this act in the fiscal year beginning July 1, 1956, there shall be appropriated to the State Department of Health any unexpended balances remaining from the appropriation contained in section 6 of this act. L.1955, c. 69, p. 233, s. 7.

N.J. Stat. § 26:4-100.13 "Hepatitis Inoculation Fund," created; eligibility

2. a. There is created in the Department of Health the "Hepatitis Inoculation Fund," hereinafter referred to as the "fund." The fund shall be a separate, nonlapsing, revolving account and shall be administered by the Division of Epidemiology and Communicable Disease Control in the Department of Health and all moneys deposited in the fund pursuant to section 1 of P.L.1993, c.227 (N.J.S.2C:64-6) shall be used for the provision of hepatitis inoculations to the following persons, in order of eligibility, and for related administrative costs: (1) volunteer emergency medical technicians-ambulance and volunteer firefighters; (2) all other emergency medical technicians-ambulance, firefighters and police officers in squads or departments with less than 100 members; and (3) all other emergency medical technicians-ambulance, firefighters and police officers. The Director of the Division of Epidemiology and Communicable Disease Control shall promulgate rules and regulations in order to effectuate the purposes of this fund. b. A person whose medical insurance policy pays for the full cost of the hepatitis inoculation shall not receive payment for an inoculation administered pursuant to subsection a. of this section. A person whose medical insurance policy pays for a portion of the cost of hepatitis inoculation may be reimbursed for the unpaid portion from the Hepatitis Inoculation Fund. L.1993,c.227,s.2.

N.J. Stat. § 26:4-101 Permit to land infected vessel

No vessel infected with a communicable disease, and no vessel on board of which there is any person, baggage, merchandise or materials infected with such disease, shall be brought to any wharf, nor shall any person or cargo so infected, or person, baggage, merchandise or materials on any vessel so infected, land or be landed at any place until a permit to do so has been obtained from the local board having jurisdiction of the place where it is intended to bring the vessel to wharf, or to land the person, baggage, merchandise or materials.

N.J. Stat. § 26:4-102 Examination and quarantine

A permit shall not be granted until after the vessel, and every person and the baggage, merchandise or materials on it, has been examined, cleansed, ventilated, and purified, and a quarantine period has been observed. The state department is authorized to make regulations or to issue special orders with respect to the examination, cleansing, ventilation, purification, and the quarantine period required preliminary to the issuance of a permit.

N.J. Stat. § 26:4-103 Removal to quarantine station

The local board may, whenever in its judgment the protection of the public health requires it, order the master or commander of any vessel within its jurisdiction to remove the vessel to a place of safety to be designated by the board, and to order any person, baggage, merchandise or materials which have been landed from the vessel to be seized and returned to the vessel or taken to some other place of safety to be designated by the board.

N.J. Stat. § 26:4-104 Assistance in removal

If the master or commander cannot be found, or if he fails to obey any such order, the local board may employ any necessary assistance to make the order effective.

N.J. Stat. § 26:4-105 Landing after removal to quarantine station

The master or commander shall not, after the issuance of an order under the provisions of section 26:4-103 of this title, bring his vessel to any landing place within the jurisdiction of the local board, or land any person, baggage, merchandise or materials from the vessel at any place within that jurisdiction, until a permit has been granted by the local board as required in section 26:4-101 of this title.

N.J. Stat. § 26:4-106 Deposit of landing permit from other quarantine station

No vessel coming from any foreign or domestic port, which shall pass any quarantine station, located in Long Island sound, or in New York bay, whose master or commander has obtained a written permit from the proper quarantine officer at any of these quarantine stations to proceed with his vessel to any place in the state of New Jersey, shall be brought to any wharf, and no passenger, baggage, merchandise or materials on board of any such vessel shall land or be landed at any place until the master or commander shall deposit his permit at the office of the local board of health of the place of destination named in the permit. Such deposit shall be made within twenty-four hours after receiving the permit. In addition to the deposit of such permit, the master or commander shall obtain a permit to land as required by section 26:4-101 of this title.

N.J. Stat. § 26:4-107 Issuance of permit without examination or quarantine

If the local board, or the officer acting for it, shall have no reason to believe that such vessel, or any person, baggage, merchandise or materials on the vessel, is infected with a communicable disease, a permit to land shall be granted upon the deposit of the permit issued by the quarantine officer as required in section 26:4-106 of this title.

N.J. Stat. § 26:4-108 Refusal of permit

If the local board, or the officer acting for it, has reason to believe that the vessel, or any person, baggage, merchandise or materials on it, is infected with any communicable disease, no permit to land shall be granted, except subject to any regulation or special order prescribed by the state department.

N.J. Stat. § 26:4-109 Anchorage of vessels at Perth Amboy

The following vessels shall come to anchor at some place designated by the Perth Amboy port health officer for the purpose of inspection: a. Every vessel which, between the first day of March and the first day of December in any year, or within any other time in any year designated by resolution of the state department, shall come into that portion of the waters of this state known as Raritan bay or Sandy Hook bay south of a straight line extending from Ward's point to the northerly extremity of Sandy Hook and comes from: 1. Any port in the United States south of Cape Henlopen; 2. Any West India, Bahama, or Bermuda island port; or 3. Any port or place where any communicable disease exists. b. Every vessel which, at any time during the year, comes into the waters enumerated in paragraph "a" of this section on board of which: 1. Any person shall have died while at any port in the United States south of Cape Henlopen or at any foreign port, or while between any such port and Raritan bay or Sandy Hook bay; 2. There is any baggage, merchandise or materials by which any communicable disease may be introduced into this state; or 3. The Perth Amboy port health officer shall have reason to believe that any person may be sick with any communicable disease or that there may be any baggage, merchandise or materials by which any communicable disease may be introduced into this state.

N.J. Stat. § 26:4-110 Anchorage place

The anchorage place described in section 26:4-109 of this title shall be southward of a straight line extending from the south ferry wharf in Perth Amboy to the house on Staten Island formerly of Caleb Ward, as well as southward and eastward of a straight line extending from the south ferry wharf to the most easterly wharf of South Amboy.

N.J. Stat. § 26:4-112 Duties of Perth Amboy port health officer

Whenever any such vessel shall arrive at the designated anchorage place, the Perth Amboy port health officer shall, subject to any regulation or special order of the state department: a. Visit the vessel and examine the sanitary conditions of the vessel, and of any person, baggage, merchandise or materials on board; b. Order the vessel, and any baggage, merchandise or materials on board, to be cleansed, ventilated, and purified under his supervision and direction, and for that purpose to require the vessel to be unloaded if necessary; c. Order the vessel to be detained at quarantine for any period after the vessel, and baggage, merchandise or materials on board shall have been so cleansed, ventilated, and purified, which any regulation or special instruction of the state department may require; d. Prescribe a quarantine station for such vessel; e. Prohibit and prevent communication with any infected vessel; and f. Detain and isolate any infected person.

N.J. Stat. § 26:4-113 Powers of Perth Amboy port health officer

The Perth Amboy port health officer also shall have power with reference to such vessel, subject to any regulation or special order of the state department: a. To grant a permit to land any passenger, baggage, merchandise or materials; b. To grant a permit to discharge any baggage, merchandise or materials into lighters or otherwise; c. To release such vessel from quarantine; and d. To give any other orders which he may think necessary for the prevention of the introduction into this state of any communicable disease.

N.J. Stat. § 26:4-116 Temporary port health officer; term; compensation

Whenever, in time of threatened epidemic or injury to the public health, the state department shall consider that a health officer should be appointed for any port or maritime place other than Perth Amboy, the state department may appoint a competent person as temporary port health officer for such place, who shall hold office during the pleasure of the department and shall receive as compensation for his services the fees which he collects under this article.

N.J. Stat. § 26:4-117 Powers and duties of temporary port health officer

A temporary port health officer shall exercise all the powers conferred upon, and perform all the duties required of, the local board of health by this article. He shall wholly supersede the local board having jurisdiction of the place for which he may be appointed in the exercise of such powers and the performance of such duties.

N.J. Stat. § 26:4-118 Fees

The following fees shall be paid to the local board or port health officer: a. For examination of every vessel from a foreign port, five dollars. b. For examination of every vessel from any port in the United States south of Cape Henlopen, if a steamer, three dollars, and if other than a steamer, one dollar. c. For medical examination of every one hundred, or fraction of one hundred, steerage passengers upon transatlantic vessels, two dollars. d. For each permit granted for the landing of persons, or discharging of baggage, merchandise or materials, and for every release of a vessel from quarantine, twenty-five cents. e. For sanitary inspection of every vessel after the discharge of cargo or ballast, ten dollars. f. For disinfection of every vessel from an infected port, and of every vessel that shall require disinfection by reason of exposure to infection or contagion, fifty dollars. g. For vaccination of persons on board of any vessel on which smallpox has developed during the voyage, twenty-five cents each.

N.J. Stat. § 26:4-119 Record of fees

The port health officer shall keep a record of all fees received by him under this article.

N.J. Stat. § 26:4-120 Fees to be paid to state treasurer

All fees collected by the Perth Amboy port health officer or by his deputy, under the provisions of this article, shall be paid monthly to the state treasurer. Such health officer shall also give to the state treasurer a full account of all fees collected during the preceding calendar month.

N.J. Stat. § 26:4-121 Payment of expenses and fees

All expenses incurred by, and all fees becoming due to, any port health officer or local board, or any of their employees, for services rendered or duties performed under the provisions of this article or under any regulation prescribed by the state department shall be paid by the master, commander, or owner of the vessel in relation to which the duties shall be performed or services rendered.

N.J. Stat. § 26:4-122 Expenses, fees, and costs; lien on vessel

The port health officer or local board to whom any moneys shall be due on account of any expense or fees shall have a lien for the amount of the expenses or fees, and for all costs of suit and such counsel fee for the plaintiff as the court may allow, upon the vessel, its tackle, apparel and furniture.

N.J. Stat. § 26:4-123 Enforcement of lien

If payment is not made on demand, the lien may be enforced by a suit in admiralty, or other proper suit, in any court of competent jurisdiction.

N.J. Stat. § 26:4-124 Jurisdiction of state department

The state department may issue any necessary order revoking, modifying, supplementing, or superseding any order given, or act done, under the provisions of this article, by the local board or the port health officer.

N.J. Stat. § 26:4-125 Duty of commander to obey orders

The master, commander, or other person in charge of any vessel concerning which, or concerning any person, baggage, merchandise or materials on board of which, any order may be given by the local board or port health officer, or by the state department, shall cause the order to be obeyed.

N.J. Stat. § 26:4-126 Reports to state department

The state department may require from the local board and the port health officer any necessary reports relating to their duties under this article.

N.J. Stat. § 26:4-127 Regulations of state department

The state department shall have the power, from time to time, to adopt, alter, and amend regulations prescribing the manner and form in which the local board and the port health officer shall exercise the powers conferred upon and perform the duties required of them by this article.

N.J. Stat. § 26:4-128 Violations of article; misdemeanor

Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor. On conviction he shall be punished for each offense by a fine not exceeding three thousand dollars, or by imprisonment for a term not exceeding one year, or both.

N.J. Stat. § 26:4-129 Liability to penalties in general

Except as otherwise specifically provided in this chapter, a person who violates any of the provisions of this chapter, or fails to perform any duty imposed by this chapter at the time and in the manner provided, shall be liable to a penalty of not less than ten nor more than one hundred dollars for each offense.

N.J. Stat. § 26:4-130 Proceedings for recovery of penalties; disposition

Except as otherwise specifically provided in this chapter, any penalty incurred for a violation of any of the provisions of this chapter shall be sued for and recovered by the State department, or by the local board of the municipality within which the violation occurred. Every municipal court shall have jurisdiction over proceedings to enforce and collect any such penalty, if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with the Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.). Process shall be either in the nature of a summons or warrant. The court may cause any defendant who shall fail to pay forthwith the amount of the judgment rendered against him, and all costs and charges incident thereto, to be committed to the county jail for any period not exceeding ninety days. All moneys recovered in any such proceedings shall be paid to the plaintiff therein and applied by such plaintiff to any purpose for which it may be legally authorized to expend money. Amended by L.1953, c. 26, p. 476, s. 48.

N.J. Stat. § 26:4-131 Short title.

1. This act shall be known and may be cited as the "Statewide Immunization Registry Act." L.2004,c.138,s.1.

N.J. Stat. § 26:4-132 Findings, declarations relative to Statewide automated and electronic immunization registry.

2. The Legislature finds and declares that the establishment of a Statewide automated and electronic immunization registry will serve the following public health purposes: a. ensure the greatest possible protection to the public from morbidity and death related to infectious diseases preventable by appropriate and timely immunizations; b. establish the public health infrastructure necessary: (1) to assist individuals and families to maximize their personal protection from vaccine-preventable diseases in as efficient and efficacious a manner as possible; (2) for community-wide and population-specific surveillance of potential susceptibility to outbreaks of vaccine-preventable diseases; and (3) for an effective response to a bio-terrorism event utilizing a potentially vaccine-preventable disease organism or to an epidemic or pandemic outbreak of a novel influenza virus of unusual virulence; c. ensure that a registrant, or the registrant's parent or legal guardian if the registrant is a minor, can more easily obtain from his health care provider or local health authority, or by other means as determined by the Commissioner of Health and Senior Services, the registrant's full immunization history if the registrant changes health care providers or requires documentation of immunization; d. provide health care providers, licensed child care centers, schools, colleges, and other public agencies and private organizations authorized to access the immunization registry with information concerning immunizations and other preventive health screenings, and the ability to determine relevant immunization and other preventive health screening histories of the individuals whom they serve; e. provide the State with greatly improved accuracy in its records concerning immunization rates among the State's residents; f. improve the State's ability to respond to outbreaks of communicable and vaccine-preventable diseases in a manner that reduces the risk of unnecessary additional immunizations; g. enable the efficient allocation of public health resources to provide the widest possible protection of the general population from vaccine-preventable diseases; h. ensure that all vulnerable children can be brought to completed immunization status as quickly as possible following manufacturing or distribution delays that may occur; and i. establish the legal and administrative framework necessary to ensure a properly functioning, universal, Statewide immunization registry inclusive of both public and private partners working cooperatively to share immunization data in a timely manner. L.2004,c.138,s.2.

N.J. Stat. § 26:4-133 Definitions relative to Statewide automated and electronic immunization registry.

3. As used in this act: "Commissioner" means the Commissioner of Health. "Department" means the Department of Health. "Health care provider" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) or a health care professional whose practice is regulated pursuant to Title 45 of the Revised Statutes. "Registry" means the New Jersey Immunization Information System established pursuant to this act. L.2004, c.138, s.3; amended 2012, c.17, s.339.

N.J. Stat. § 26:4-134 Statewide automated and electronic immunization registry.

4. a. There is established a Statewide automated and electronic immunization registry, to be designated as the New Jersey Immunization Information System, in the Department of Health. The registry shall be designed to serve as a single repository of immunization records to aid, coordinate, and help promote effective and cost-efficient disease screening, prevention, and control efforts in the State. b. A newborn infant in New Jersey, who is born on or after January 1, 1998, shall be enrolled in the registry immediately following birth unless the parent or legal guardian of the infant provides a written request to not participate in the registry. A child born prior to January 1, 1998 may be enrolled in the registry at the parent's or legal guardian's written request. c. Access to the information in the registry shall be limited to: health care providers, schools, colleges, licensed child care centers, and public agencies, and private organizations as determined by regulation of the commissioner. A registrant, or the registrant's parent or legal guardian if the registrant is a minor, shall have access to the registrant's immunization and other preventive health screening information in the registry. d. The information contained in the registry shall be used for the following purposes: (1) to help ensure that registrants receive all recommended immunizations in a timely manner by providing access to the registrants' immunization records; (2) to help improve immunization rates by providing notice to registrants of overdue or upcoming immunizations; and (3) to help control communicable diseases by assisting in the identification of persons who require immediate immunization in the event of a vaccine-preventable disease outbreak. e. The authentic immunization and other preventive health screening record of a child, which shall consist of a paper or electronic copy of the registry entry that is a true and accurate representation of the information contained therein, obtained from the registry shall be accepted as a valid immunization and preventive health screening record of the registrant for the purpose of meeting immunization and preventive health screening documentation requirements for admission to a school, college, or licensed child care center. f. A health care provider shall not discriminate in any way against a person solely because the person elects not to participate in the registry. g. An authorized user granted access as provided in subsection c. of this section shall only access information in the registry on a specific patient or client who is presently receiving services, is under the user's care or is within the applicable governmental health authority's jurisdiction. h. An agency, organization, or other entity authorized to access information in the registry shall not use any report made by a health care provider pursuant to this act in any punitive manner against the provider. i. The commissioner, in consultation with the Public Health Council, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act, including, but not limited to: (1) the establishment and maintenance of the registry; (2) the methods for submitting, and the content of, reports of immunizations to the registry, for which purpose the commissioner shall provide, to the maximum extent practicable, for reporting options to facilitate compliance with the requirements of subsection b. of this section; (3) procedures for the birth hospital of a newborn infant or health care provider, as applicable, to inform the parent or legal guardian of a newborn infant or minor of the purpose of the registry and its potential uses by parties having authorized access to registry information, and the content of that information; (4) procedures for a registrant, or the registrant's parent or legal guardian if the registrant is a minor, to review and correct information contained in the registry; (5) procedures for the parent or legal guardian of a newborn infant or minor, or a person over 18 years of age, to request to not participate in the registry at any time and to remove or inactivate information from the registry; (6) limits on, and methods of, access to the registry by those authorized pursuant to subsection c. of this section; (7) procedures for health insurers to obtain immunization information from the registry concerning only their covered persons, as well as summary statistics, which information or statistics shall not be used or disclosed for any other purpose than to: (a) improve patient care; (b) provide quality assurance to employers purchasing group coverage and to health care providers; (c) improve outreach and education efforts with respect to their covered persons and health care providers; and (d) monitor and improve quality of care standards as developed by professional organizations, accreditation agencies and government agencies in collaboration with the department; and (8) procedures for the department to disseminate statistical information and supporting commentary. L.2004, c.138, s.4; amended 2012, c.17, s.340.

N.J. Stat. § 26:4-135 Immunity from liability.

5. Notwithstanding any other provision of this act to the contrary, a person or entity, who is authorized by the commissioner to report, receive or disclose information relating to the registry pursuant to this act, shall be immune from liability for: a. reporting information to, receiving information from, or disclosing information received from, the registry in accordance with the provisions of this act or any regulation adopted pursuant thereto; and b. any error or inaccuracy in the information that is reported to, received from, or disclosed after receipt from, the registry in accordance with the provisions of this act or any regulation adopted pursuant thereto, and any consequence of that error or inaccuracy. L.2004,c.138,s.5.

N.J. Stat. § 26:4-136 Construction of act relative to obligations, rights of persons.

6. The provisions of this act shall not be construed to affect the obligation of any person, or the person's parent or legal guardian if the person is a minor, to comply with any immunization requirement, or the right of that person, parent or legal guardian to request an exemption from the immunization requirement on the grounds that an immunization is medically contraindicated or that the requirement conflicts with the religious tenets or practices of the person, parent or legal guardian, as otherwise established by statute or by regulation of the department. L.2004,c.138,s.6.

N.J. Stat. § 26:4-137 Confidentiality of registry information.

7. a. Information contained in the registry is confidential and shall be disclosed only for the purposes authorized by this act. b. A person who is aggrieved as a result of a violation of this act may commence a civil action against the person or entity committing the violation to obtain appropriate relief, including actual damages, equitable relief and reasonable attorney's fees and court costs. Punitive damages may be awarded when the violation evidences wantonly reckless or intentionally malicious conduct by the person or entity who committed the violation. c. A person who discloses information in violation of this act is guilty of a disorderly persons offense. Each disclosure made in violation of this act is a separate and actionable offense. L.2004,c.138,s.7.

N.J. Stat. § 26:4-138 Certain transmissions of information permitted.

8. The provisions of this act shall not prohibit the transmission or exchange of immunization information from other government database systems, immunization registries of other states or similar regional registries officially recognized by those states, health maintenance organizations or health benefits plans, health insurance companies, practice management or billing vendors, or other similar databases containing immunization histories, if the transmission is in accordance with the provisions of this act and other relevant State and federal laws and regulations. L.2004,c.138,s.8.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026