N.J. Stat. tit. 59, ch. 6

N.J. Stat. tit. 59, ch. 6
in effect

N.J. Stat. § 59:6-1 Definitions

As used in this chapter: "Medical facility" means a hospital, infirmary, clinic, dispensary, mental institution, or similar facility. "Mental institution" means any facility for the care or treatment of persons committed for mental illness. "Mental illness" means mental illness, mental disorder bordering on mental illness, mental deficiency, epilepsy, dipsomania or inebriety, sexual psychopathy, or such mental abnormality as to evidence utter lack of power to control sexual impulses. "Drug dependent persons" means a person who is using a controlled dangerous substance and who is in a state of psychic or physical dependence, or both, arising from the use of that controlled dangerous substance on a continuous basis. Drug dependence is characterized by behavior or other responses, including but not limited to, a strong compulsion to take the substance on a recurring basis in order to experience its psychic effects or to avoid the discomfort of its absence. L.1972, c. 45, s. 59:6-1.

N.J. Stat. § 59:6-2 Failure to provide medical facilities or mental institutions

Neither a public entity nor a public employee is liable for failure to provide a medical facility or mental institution, or if such facility or institution is provided, for the failure to provide sufficient equipment, personnel or facilities in a mental institution or medical facility. L.1972, c. 45, s. 59:6-2.

N.J. Stat. § 59:6-3 Prevention of disease or controlling communication of disease

Neither a public entity nor a public employee is liable for an injury resulting from the decision to perform or not to perform any act to promote the public health of the community by preventing disease or controlling the communication of disease within the community. L.1972, c. 45, s. 59:6-3.

N.J. Stat. § 59:6-4 Failure to make physical or mental examination or to make adequate physical or mental examination

Failure to make physical or mental examination or to make adequate physical or mental examination. Except for an examination or diagnosis for the purpose of treatment, neither a public entity nor a public employee is liable for injury caused by the failure to make a physical or mental examination, or to make an adequate physical or mental examination, of any person for the purpose of determining whether such person has a disease or physical or mental condition that would constitute a hazard to the health or safety of himself or others. For the purposes of this section, "public employee" includes a private physician while actually performing professional services for a public entity as a volunteer without compensation. L.1972, c. 45, s. 59:6-4. Amended by L.1983, c. 184, s. 1, eff. May 11, 1983.

N.J. Stat. § 59:6-5 Immunity from liability for failure to diagnose certain conditions; exceptions.

59:6-5. a. Neither a public entity nor a public employee is liable for injury resulting from diagnosing or failing to diagnose that a person has a mental illness or is a person with a substance use disorder involving drugs or from failing to prescribe for mental illness or a substance use disorder involving drugs; provided, however, that nothing in this subsection exonerates a public entity or a public employee who has undertaken to prescribe for a mental illness or a substance use disorder involving drugs from liability for injury proximately caused by negligence or by a wrongful act in so prescribing. b. Nothing in subsection a. exonerates a public entity or a public employee from liability for injury proximately caused by a negligent or wrongful act or omission in administering any treatment prescribed for a mental illness or a substance use disorder involving drugs. Amended 2017, c.131, s.218. L.1972, c. 45, s. 59:6-5; amended 2017, c.131, s.218.

N.J. Stat. § 59:6-6 Determinations in accordance with applicable enactments

a. Neither a public entity nor a public employee is liable for any injury resulting from determining in accordance with any applicable enactment: (1) whether to confine a person for mental illness or drug dependence; (2) the terms and conditions of confinement for mental illness or drug dependence; (3) whether to parole, grant a leave of absence to, or release a person from confinement for mental illness or drug dependence. L.1972, c. 45, s. 59:6-6.

N.J. Stat. § 59:6-7 Escape of person confined; injuries between inmates

Neither a public entity nor a public employee is liable for: a. an injury caused by an escaping or escaped person who has been confined for mental illness or drug dependence; b. an injury caused by any person who has been confined for mental illness or drug dependence upon any other person so confined. L.1972, c. 45, s. 59:6-7.

N.J. Stat. § 59:6-8 Immunity for public entities, employees relative to certain actions for response to CBR agents.

1. Notwithstanding any other provision of law to the contrary, a public entity or public employee shall not be liable in any civil action for damages as a result of the public entity's or public employee's acts of commission or omission arising out of and in the course of the acquisition, stockpiling, distribution or dispensing by the public entity or public employee of drugs and vaccines which mitigate the effects of exposure to nuclear, chemical or biological agents caused by an act of terrorism or arising out of a state of emergency as declared by the Governor, including but not limited to, potassium iodide pills. Nothing in this act shall be deemed to grant immunity to any person or entity causing damage by a willful, wanton or grossly negligent act of commission or omission. L.2003,c.51,s.1.

N.J. Stat. § 59:6-9 Procedures, rules, regulations.

2. Within six months of the effective date of this act and in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health and Senior Services shall adopt and implement adequate procedures and promulgate rules and regulations necessary to implement the acquisition, stockpiling, distribution and dispensing of drugs and vaccines which mitigate the effects of exposure to nuclear, chemical or biological agents, including but not limited to, potassium iodide pills. The rules and regulations shall include, but need not be limited to, provisions concerning: (1) the monitoring and inspection procedures for stockpiled drugs and vaccines; (2) the maintenance and retention of records of information from monitoring activities; (3) the submission to the Department of Health and Senior Services of monitoring reports; and (4) any other related information as the Commissioner of Health and Senior Services may require. L.2003,c.51,s.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026