An Act concerning clinical laboratories, certain hospitals, and certain electronic medical records, and supplementing Title 26 of the Revised Statutes and P.L.1975, c.166 (C.45:9-42.26 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
C.26:2H-5.36 Evidence-based cultural competency training program for general acute care hospital staff, direct contact with patients.
1. a. Each general acute care hospital that collects data concerning patient race, ethnicity, sexual orientation, or gender identity for any reason shall implement an evidence-based cultural competency training program for all staff members employed by or working under the supervision of the general acute hospital who have direct contact with patients and are responsible for collecting race and ethnicity, sexual orientation, and gender identity information from patients. The Department of Health shall identify an evidence-based cultural competency training tool that may be utilized by cultural competency training programs implemented by general acute hospitals pursuant to this section. The use of the department’s approved training tool by a general acute hospital shall not preclude the hospital from utilizing additional or customized training tools in addition to or in lieu of the department’s approved training tool.
b. Each cultural competency training program implemented pursuant to subsection a. of this section shall include training on the following topics:
(1) common terminology for race and ethnicity, sexual orientation, and gender identity data;
(2) information on the relationship between patient health and collecting race and ethnicity, sexual orientation, and gender identity data;
(3) information on how race and ethnicity, sexual orientation, and gender identity data will be used;
(4) information on how to navigate discomfort in patients and staff when asking patients for their race and ethnicity, sexual orientation, and gender identity information; and
(5) information on how to create an inclusive and affirming environment for all patients.
c. Each staff member who is employed by or working under the supervision of the general acute care hospital, has direct contact with patients, and is responsible for collecting race and ethnicity, sexual orientation, and gender identity information from patients, shall:
(1) complete the cultural competency training program implemented pursuant to subsection a. of this section at such times and intervals as the hospital shall require; and
(2) complete a cultural competency refresher course at least once biennially if completion of the course is deemed necessary by the hospital.
C.45:9-42.46 Recording of race, ethnicity, sexual orientation, gender identity of patients, procedure.
2. a. (1) A clinical laboratory shall electronically record the race, ethnicity, sexual orientation, and gender identity of each patient who presents with a non-electronic order for testing at a clinical laboratory patient service center. If a clinical laboratory processes a specimen without the presence of a patient, the clinical laboratory shall not be responsible for recording and reporting the patient’s gender identity, sexual orientation, and racial and ethnic information.
(2) Race and ethnicity selections shall include: African American, Alaska Native, American Indian, Asian, Black, Hispanic, Latino, more than one race, Native Hawaiian, Other Pacific Islander, White, and does not wish to disclose.
(3) Sexual orientation selections shall include: bisexual; do not know; heterosexual or straight; homosexual, gay, or lesbian; something else; and does not wish to disclose.
(4) Gender identity selections shall include: male, female, transgender-female, transgender-male, non-binary, other, and does not wish to disclose.
b. Any health care related data that is required under State law to be reported by a clinical laboratory to a local or State governmental entity shall include any corresponding gender identity, sexual orientation, and racial and ethnic data recorded pursuant to this section, and shall be incorporated into the corresponding disease surveillance reporting system of the local or State governmental entity.
c. A non-electronic specimen collection and analysis requisition form distributed by a clinical laboratory shall contain a section for the manual entry of the patient’s racial, ethnic, sexual orientation, and gender identity information on the form.
d. Race and ethnicity, sexual orientation, and gender identity information that is required to be recorded or reported pursuant to this section shall be recorded or reported using a program that is compatible with the State’s disease surveillance reporting system using such data fields as may be available or necessary in the version of Health Level Seven International recording and reporting standards or equivalent standards adopted by the laboratory.
e. The Commissioner of Health may modify, by regulation, the race, ethnicity, sexual orientation, and gender identity selections provided in subsection a. of this section as appropriate or pursuant to federal requirements.
C.45:9-42.47 Recorded gender identity, sexual orientation, racial, ethnic information necessary for storing demographic information; compliance; penalties.
3. Any electronic medical records or laboratory information management systems used in this State or sold by a vendor of such systems in this State, on or after the effective date of this act, shall be configured in a manner that prevents an authorized user from saving or storing a patient’s demographic information into the electronic medical records or laboratory information management systems unless a patient’s gender identity, sexual orientation, and racial and ethnic information is recorded. Nothing in this act shall prohibit a clinical laboratory from receiving, processing, or saving data related to specimens that are ordered or received from outside of this State. The gender identity, sexual orientation, and racial and ethnic information of a patient shall be included in laboratory orders generated by electronic medical record systems. A vendor of electronic medical records or laboratory information management systems that fails to comply with the provisions of this section shall be liable to a civil penalty of up to $1,000 for each day during which the vendor’s system is out of compliance. A civil penalty assessed pursuant to this section shall be collected by and in the name of the Department of Health in summary proceedings before a court of competent jurisdiction pursuant to the provisions of the “Penalty Enforcement Law of 1999,” P.L.1999, c.174 (C.2A:58-10 et seq.).
C.45:9-42.48 Prohibiting compelling patient to disclose demographic information.
4. Nothing in this act shall be construed to compel a patient to disclose the patient’s race, ethnicity, sexual orientation, or gender identity to a clinical laboratory, health care provider, or any other entity.
C.45:9-42.49 Evidence-based cultural competency training program, tools; content of training.
5. a. Each clinical laboratory shall implement an evidence-based cultural competency training program for all staff members employed by or working under the supervision of the clinical laboratory who have direct contact with patients and are responsible for collecting race and ethnicity, sexual orientation, and gender identity information from patients. The Department of Health shall identify an evidence-based cultural competency training tool that may be utilized by cultural competency training programs implemented by clinical laboratories pursuant to this section. The use of the department’s approved training tool by a clinical laboratory shall not preclude the clinical laboratory from utilizing additional or customized training tools in addition to or in lieu of the department’s approved training tool.
b. Each cultural competency training program implemented pursuant to subsection a. of this section shall include training on the following topics:
(1) common terminology for race and ethnicity, sexual orientation, and gender identity data;
(2) information on the relationship between patient health and collecting race and ethnicity, sexual orientation, and gender identity data;
(3) information on how race and ethnicity, sexual orientation, and gender identity data will be used;
(4) information on how to navigate discomfort in patients and staff when asking patients for their race and ethnicity, sexual orientation, and gender identity information; and
(5) information on how to create an inclusive and affirming environment for all patients.
c. Each staff member who is employed by or working under the supervision of the clinical laboratory, has direct contact with patients, and is responsible for collecting race and ethnicity, sexual orientation, and gender identity information from patients, shall:
(1) complete the cultural competency training program implemented pursuant to subsection a. of this section at such times and intervals as the clinical laboratory shall require; and
(2) complete a cultural competency refresher course at least once biennially if completion of the course is deemed necessary by the clinical laboratory.
6. The Commissioner of Health shall adopt rules and regulations, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this act.
7. This act shall take effect 180 days after the date of enactment except that sections 1 and 5 of this act shall take effect 120 days after the date of enactment.
Approved January 18, 2022.