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Module 1: Legal Aspects of BT and WMD
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in cooperation with Rutgers University,
University of Medicine and Dentistry of NJ
Supported by the NJ Department of Health and Senior Services
Public Health Statutes
Laws – NJ Statutes Annotated (NJSA)
Regulations – Title 8, Health & Senior Services – NJ Administrative Code (NJAC)
- Chapter 52 – Practice Standards
- Chapter 57 – Communicable Diseases
Most of state public health law is found in Title 24 & 26 of the NJSA. NJDHSS regulations that enforce these laws are found in Title 8 of the NJAC. Key chapters related to public health preparedness include chapter 52 & 57. Recommend you review and keep a copy of these around. 26:3-1.
Establishment of local board
There shall be a board of health in every municipality in this state, which board shall consist of members appointed or designated, or both, as provided by this chapter, except that in any municipality operating under laws establishing a form of government for such municipality under which the full powers of a local board of health can not be exercised by a local board of health so appointed or designated, the respective functions of a local board of health shall be exercised by such boards, bodies, or officers as may exercise the same according to law.
Amended by L.1951, c. 69, p. 457, s. 68. 26:3-2.
Rules and Regulations
A local board may adopt rules, regulations or ordinances for its government and that of its officers and employees not inconsistent with law or the state sanitary code.
NJSA 26:4-2
Appendix H from NJDHSS SARS plan: N.J.S.A. 26:4-2.
Powers of State Health Department and Local Boards of HealthIn order to prevent the spread of disease, the state department of health, and the local boards of health within their respective jurisdictions and subject to the state sanitary code, shall have power to:
Defining communicable disease. a. Declare what diseases are communicable.
Epidemics. b. Declare when any communicable disease has become epidemic.
Reporting diseases. c. Require the reporting of communicable diseases.
Isolation and quarantine. d. Maintain and enforce proper and sufficient quarantine, wherever deemed necessary.
Removal of infected person. e. Remove any person infected with a communicable disease to a suitable place, if in its judgment removal is necessary and can be accomplished without any undue risk to the person infected.
Disinfection. f. Disinfect any premises when deemed necessary.
Removal and destruction of property. g. Remove to a proper, place to be designated by it, all articles within its jurisdiction, which, in its opinion, shall be infected with any matter likely to communicate disease and to destroy such articles, when in its opinion the safety of the public health requires it.
from NJDHSS SARS Plan, 2003
State Sanitary Code is all regulations
issued by the Public Health Council of the NJDHSS.
