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State of New Jersey
Executive Order #61

Governor James E. McGreevey

This executive order rescinds EO# 45 (Florio) and EO# 29 (Whitman).

WHEREAS, the State of New Jersey has a compelling interest in combating Human Immunodeficiency Virus ("HIV") and Acquired Immune Deficiency Syndrome ("AIDS") and related blood-borne pathogens; and

WHEREAS, New Jersey ranks fifth in the nation for the number of AIDS cases reported, has the highest proportion of women living with AIDS, and the third highest number of pediatric AIDS cases; and

WHEREAS, younger men having sex with men and men having sex with men of color are at a particularly high risk for infection and minority men having sex with men now account for a majority of AIDS cases reported among men having sex with men; and

WHEREAS, African-Americans and Latinos are disproportionately impacted by the HIV/AIDS epidemic in this State; and

WHEREAS, forty-six percent of all HIV cases in New Jersey are transmitted through injection drug use; and

WHEREAS, young adults are the fastest growing group acquiring HIV and related blood-borne pathogens, statistically shown to have been acquired through injection drug use; and

WHEREAS, as of June 2002, the number of AIDS cases in the State totaled 43,051, indicating that the number of New Jersey residents living with AIDS has more than doubled in less than ten years;

NOW, THEREFORE, I, JAMES E. McGREEVEY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

  1. Executive Order No. 45 (Florio) creating the Governor's Advisory Council on AIDS and Executive Order No. 29 (Whitman) which continued the Governor's Advisory Council on AIDS are hereby rescinded and are superceded by this Executive Order.

  2. There is hereby established the Governor's Advisory Council on HIV/AIDS and Related Blood-Borne Pathogens, herein referred to as "the Advisory Council."

  3. The Advisory Council shall consist of the Commissioner of Health and Senior Services or his designee, the Commissioner of Corrections or his designee; the Commissioner of Human Services or his designee; the Commissioner of Banking and Insurance or his designee; the Attorney General or his designee; two members of the New Jersey Senate to be appointed by the Senate President; two members of the General Assembly to be appointed by the Speaker of the Assembly; and a minimum of twenty-five (25) public members appointed by the Governor. The public members shall include one physician practicing medicine in the public sector; one physician specializing in infectious diseases; one physician specializing in pediatric/adolescent HIV treatment; one nurse practicing in the public sector; one representative from the New Jersey Nurses Association or the Association of Nurses in AIDS Care; one representative of the New Jersey Women and AIDS Network or a family planning program; one medical ethicist; one dentist; one pharmacist or representative of the New Jersey Pharmacists Association; four persons living with HIV; three representatives of AIDS services organizations; one attorney specializing in health care law; one representative of the New Jersey Lesbian and Gay Coalition; one representative from the Hispanic Director Association; one representative from the Black Ministers Council; one representative from the Hospital Association; one representative of the New Jersey Medical Society; one representative of a Drug Treatment Service Organization; four representatives from Title I and II Ryan White Service Areas, one representing the Grantee, City of Newark, one representing the Grantee, County of Hudson, and two representing other Title I or II areas from Planning Councils or Grantees. The public members shall serve at the pleasure of the Governor. All members shall serve without compensation.

  4. The Governor shall select a Chairperson and Vice Chairperson from among the public members.

  5. The charge of the Advisory Council shall be to:

    1. Coordinate planning, policy development, data collection, resource allocation and Statewide service delivery activities as they relate to HIV/AIDS and other related blood-borne pathogens;

    2. Recommend policy, legislation and other initiatives which will address the issues faced by the citizens of New Jersey living with HIV/AIDS and other related blood-borne pathogens; and

    3. Educate the citizens of New Jersey as to the prevention and treatment of HIV/AIDS and other related blood-borne pathogens in attempt to decrease transmission of these diseases.

  6. The Advisory Council shall meet no less than quarterly and report directly to the Governor, outlining its progress and advising the Governor of the Advisory Council's recommendations as they relate to the charge and duties set forth above. The Advisory Council shall issue a written report to the Governor within twenty-four months of its initial meeting.

  7. The Advisory Council is authorized to call on any department, office, division or agency of this State to supply it with records and other information, personnel or assistance it deems necessary to discharge its duties under this Order. Each department, office, division or agency of this State is hereby required, to the extent not inconsistent with law, to cooperate with The Advisory Council and to furnish it with such records, information, personnel and assistance as is necessary to accomplish the purposes of this Order.

  8. This Order shall take effect immediately.

GIVEN, under my hand and seal this 27th day of May
in the Year of Our Lord, Two Thousand and Three,
and of the Independence of the United States, the Two
Hundred and Twenty-Seventh.

/s/ James E. McGreevey




/s/ Michael R. DeCotiis

Chief Counsel to the Governor

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