NJHA Library & Links
Laws & Regulations: New Jersey & United States
Tips on Doing Legislative or Regulatory Research:
Sometimes you are uncertain whether you are looking for a law, regulation, voluntary standard or all of it. Truly, the terminology can be confusing. To make matters worse, your search may really be for a "standard" that is not mandated by state or federal law at all. These are really voluntary standards created by accrediting agencies, associations or quasi-governmental bodies. An example would be the Joint Commission on Accreditation of Healthcare Organizations.
For
voluntary standards the NJHA Library finds the following print resource invaluable, and it may be available in your hospital library.
Healthcare Standards Directory (or the online version) , Plymouth Meeting, PA:
ECRI. Published annually. ISBN 0-941417-62-X. According the ECRI press release it is "the most comprehensive and leading source to locate specific technical standards, clinical practice guidelines, position statements, and technology assessments, as well as federal and state laws and regulations. It is the guide to more than 1,100 U.S. and international organizations constantly issuing health-related standards and guidelines."
So, how do you know if you are looking for a law or a regulation? Follow the four clues.
Clue #1: Who wrote it?
- Legislators and congressman propose bills and enact our laws and that are generally permanent.
- The executive branches of government, such as the Department of Health, propose regulations, which generally have time limits for expiration at which time a "sunset review" is performed to make changes that reflect the current law and industry.
- Regulations execute the laws and cannot exist without law(s) that establish them.
Clue #2: Citations lead to sources!If what you need is written down, it may look like a secret code; however, it is a clue that can be deciphered! The citation probably consists of abbreviations and numbers, like an address.
Examples of legal and regulatory citations and what they mean are as follows:
Look for
(with or
without
periods) |
What it is |
Where
To Look |
Citation ~Example ~Deciphered |
| N.J.R. |
N.J. Regulation |
N.J. Register |
31 NJR 2291(a)
Volume 31 New Jersey Register, page 2291, section a "Prosthetic and Orthotic…" |
| N.J.A.C. |
N.J. regulation |
N.J. Administrative Code |
NJAC 8:43G-15.1
New Jersey Administrative Code, Chapter, Title 8, Chapter 43G, Subchapter 15.1 Medical Records |
| N.J.S.A. |
N.J. law |
N.J. Statutes Annotated |
NJSA 26:2H-53
New Jersey Statutes Annotated, Title 26, volume 2H,section 53, New Jersey Advance Directives for Health Care Act |
FR or
Fed Reg |
U.S. regulation |
Federal Register |
43 Fed. Reg. 11,110 (1978)
Volume 43, Federal Register, pages 11 to 110, 1978 |
| U.S.C.A. |
U.S. law |
U.S. Code Annotated |
42 USCA § 2000a-h
Title 42 United States Code Annotated, Section 2000, Civil Rights Act of 1964 |
| C.F.R. |
U.S. regulation |
Code of Federal Regulations |
42 CFR Ch. IV Part 462
Title 42, chapter 4, part 462
Regulations issued by HCFA for Peer Review Organizations |
| L. |
N.J. Law |
N.J. Statutes Annotated |
L.1997, c. 192 § 1
Popular Name: Health Care Quality Act N.J. Public Law 1997, chapter 192 Section 1 |
| P.L. |
U.S. Law |
U.S. Code Annotated or U.S. Statutes at Large |
P.L. 101-381
Popular Name: Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101st Congress)
P.L. is used interchangeably for both federal and state law citations |
| P.L. |
N.J. law |
N.J. Statutes Annotated |
P.L. 1987, c. 284
Popular Name: N.J. Highway Traffic Safety Act of 1987
N.J. Public Law 1987 chapter 284
P.L. is used interchangeably for both federal and state law citations |
Clue #3: What was it called?Another hint is the terminology; some words are synonymous with others. They are often clues to what you need, especially if all you have to go on is something word-of-mouth.
Law - Also called:
act, statute, legislation, public law, slip law, amendment
Regulation - Also called:
rule, order, standard
Bill - Also called:
proposed law, pending legislation, congressional acts, and amendment
Clue #4: Does it have a popular name?Sometimes a law or regulation is known by its popular name, so it appears to be an official book or government publication, but it is not. This can be confusing. Some examples follow:
| Balanced Budget Act |
U.S. law |
P.L. 105-33 |
| Chapter 83 |
N.J. law |
L. 1978, c. 83 repealed by L. 1991, c. 187, & 84, eff. July 31, 1991 (see NJSA 26:2H-3) |
| Nursing Practice Act |
N.J. law |
NJSA 45:11 |
| Conditions of Participation for Hospitals |
U.S. regulation |
42 CFR Ch. IV Part 482 |
| Manual of Standards for Hospital Licensure |
N.J. regulation |
NJAC 8:43G |
| Medical Practice Act |
N.J. law |
NJSA 45:9-1 et seq. |
| OBRA (Omnibus Reconciliation Act) |
U.S. law |
Law varies by year. (Example for 1989) P..L. 101-239; …(Example for 1990) P..L. 101-508 |