30:4-7.2 - Consent for treatment for certain patients, inmates, residents, or juveniles
30:4-7.2 Consent for treatment for certain patients, inmates, residents, or juveniles.2. The chief executive officer of a State or county institution for the mentally ill or developmentally disabled, of a State or county penal or correctional institution, of a juvenile facility or detention center, or the regional administrator of a Division of Developmental Disabilities community services region is hereby authorized to give consent for medical, psychiatric, surgical or dental treatment to incompetent patients, inmates or juveniles under age 18, or residents, hospitalized, confined or placed by the Division of Developmental Disabilities in community-based alternate living arrangements in the State or in private facilities both in and outside the State, under circumstances where it appears that
(a) Such patients, inmates, juveniles or residents, because of incompetency or nonage, are legally prevented from giving consent to such treatment, and
(b) Either:
(i) there is no parent or guardian known to such officer or administrator, after reasonable inquiry, who is competent to give consent for the treatment of patients, inmates under the age of 18 or residents, or
(ii) where a parent or guardian, after reasonable notice of the proposed treatment and a request for consent, and prior to the date fixed in such notice for the rendering of said treatment, refuses or neglects to execute and submit to such officer or administrator a writing expressing either the grant or denial of such consent, and
(c) Where a licensed physician, psychiatrist, surgeon or dentist certifies that the treatment to be performed is essential and beneficial to the general health and welfare of such patient, inmate or resident, or will improve his opportunity for recovery or prolong or save his life.
L.1969,c.181,s.2; amended 1995, c.280, s.31; 1997, c.208, s.2.