New Jersey Dementia Dignity & Advance Care Planning Act

In 1976, New Jersey materially advanced U.S. end-of-life jurisprudence with the Quinlan case. Now, New Jersey may again be poised to innovate. The Assembly Health Committee has just passed the New Jersey Dementia Dignity & Advance Care Planning Act (A.B. 1352).   

This legislation authorizes dementia specific advance directives (DSADs). Unlike traditional advance directives that address hospitalization, resuscitation, artificial nutrition and hydration, intravenous fluids, antibiotics, and other life-prolonging measures, DSADs also permit individuals to specify wishes regarding "feeding preferences."

Furthermore, the legislation:

1. Require facilities to follow DSADs

2. Offers legal immunity for following DSADs

3. Requires the state DOH to publish annual reports on          DSAD usage

4. Requires the DOJ to implement rules and regulations

5. Specified training for healthcare professionals on                completing DSADs, following DASADs, and on comfort      feeding itself  

New Jersey is not the first state to specifically authorize withholding of oral food and fluids in an advance directive. Nevada already did this. And Arizona,  New York, and other states have tried. And many other states (like Vermont and California) authorize such a broad scope of control in advance directives that VSED would be squarely included.