WeVote
Log In

Bill

Bill

A 1352

"Dementia Dignity and Advance Care Planning Act."

2026-2027 Regular Session Introduced by Robert Karabinchak and 3 co-sponsors

The act creates Dementia-Specific Advance Directives (DSADs) to honor care preferences, including comfort feeding, with a state registry and broad provider protections.

Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee
0
WeVote Research Nonpartisan
Bill Summary · A 1352

Summary: Dementia Dignity and Advance Care Planning Act (A-1352, 222nd Session, New Jersey)

Purpose and intent

  • Establishes a framework to honor dementia-related care preferences through Dementia-Specific Advance Directives (DSADs).
  • Aims to respect the dignity, autonomy, and previously expressed wishes of individuals with dementia by creating standardized advance care planning tailored to progressive cognitive decline.
  • Introduces “comfort feeding only” as a defined concept and standard within DSADs, and mandates across-care setting recognition of DSADs.

Key provisions and changes

  • Definitions (Section 3)

    • Advanced dementia: Stage where the person cannot meaningfully communicate, recognize loved ones, or perform basic activities without total assistance.
    • Comfort feeding only: Allowing hand-delivered oral food and fluids for comfort, prohibiting artificial nutrition/hydration via feeding tubes or IV.
    • Dementia-Specific Advance Directive (DSAD): A written directive executed by a person with decisional capacity, detailing future health care preferences for advanced dementia.
    • Department: New Jersey Department of Health.

  • DSAD creation and requirements (Section 4)

    • Competent adults diagnosed with Alzheimer’s or other neurodegenerative dementias may execute a DSAD.
    • DSAD must be:
    • Signed and dated by the declarant while decisional capacity exists.
    • Witnessed by two adults (one should be non-relative, non-healthcare-provider, or non-estate-entitled) or notarized.
    • Specific about: feeding preferences (including comfort feeding), hospitalization, resuscitation, artificial nutrition/hydration, IV fluids, antibiotics, and other life-prolonging measures, plus conditions triggering comfort-only care.
    • Declarant can revoke the DSAD at any time while still having decisional capacity.

  • DSAD registry and accessibility (Sections 5)

    • Department must create a secure, electronic Dementia Advance Directive Registry to store DSADs.
    • Licensed health care professionals must have real-time access to DSADs for patients under their care.

  • Obligations for facilities and professionals (Section 6)

    • Hospitals, nursing homes, assisted living facilities, hospices, and health care professionals must:
    • Honor a valid DSAD.
    • Inform patients/families about the option of comfort feeding only consistent with a DSAD.
    • Be immune from civil/criminal liability and from disciplinary action if acting in good faith reliance on a DSAD.
    • Not be compelled to follow treatment decisions contrary to conscience, provided timely transfer of care is arranged to respect the patient’s wishes.

  • Education and training (Section 7)

    • Department must develop training programs on dementia-specific advance care planning, DSAD execution/recognition, and comfort feeding practices.
    • Institutions must incorporate DSAD education into intake and care planning processes.

  • Data collection and transparency (Section 8)

    • Department to publish annually, on its website, de-identified data on the number of DSADs filed, honored, and revoked.

  • Rulemaking authority (Section 9)

    • Commissioner of Health to adopt rules/regulations under the Administrative Procedure Act to implement DSAD submission, storage, and retrieval, among other aspects.

  • Effective date (Section 10)

    • Act takes effect one year after enactment; anticipatory administrative action is allowed.

Who is affected

  • Individuals diagnosed with Alzheimer’s disease or other neurodegenerative dementias who have decisional capacity and wish to set future care preferences.
  • Family members and designated surrogates involved in future dementia care decisions.
  • Licensed hospitals, nursing homes, assisted living facilities, hospices, and health care professionals who provide care to dementia patients.
  • The New Jersey Department of Health, which administers the DSAD registry, training programs, and annual data reporting.

Procedural and timeline aspects

  • Enactment: Introduced January 13, 2026; referred to Assembly Health, later reported out of Assembly Health Committee with amendments (March 9, 2026); referred to Assembly Appropriations.
  • Effective date: One year after enactment, with possible anticipatory administrative action by the department before that date.
  • Regulatory framework: Department to enact necessary rules under the Administrative Procedure Act to govern DSADs, storage, retrieval, and related processes.
  • Data reporting: Annual de-identified reporting on DSAD filings, honoring, and revocations.

Practical considerations

  • DSADs create a standardized, legally recognized mechanism for planning care in advanced dementia, potentially reducing unwanted hospitalizations or aggressive interventions.
  • Immunity provisions for providers acting in good faith aim to encourage adherence to DSADs while protecting conscience-based refusals, with emphasis on timely care transitions.
  • Training and registry access are critical to ensure DSADs are understood, properly executed, and readily available at the point of care.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.