CHAPTER 53

(CORRECTED COPY)

 

An Act concerning the reporting of certain wounds and injuries by hospitals †, amending N.J.S.2C:58-8 , and supplementing Title 2C of the New Jersey Statutes.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.††† N.J.S.2C:58-8 is amended to read as follows:

 

Certain wounds and injuries to be reported.

†††† 2C:58-8.† Certain Wounds and Injuries to be Reported.† a.† Every case of a wound, burn or any other injury arising from or caused by a firearm, destructive device, explosive or weapon shall be reported at once to the law enforcement agency of the municipality where the person reporting is located† and to the Division of State Police by the physician consulted, attending or treating the case or the† administrator or administratorís designee, whenever such case is presented for treatment or treated in a general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

†††† This subsection shall not, however, apply to wounds, burns or injuries received by a member of the armed forces of the United States or the State of New Jersey while engaged in the actual performance of duty.

†††† b.††† Every case which contains the criteria defined in this subsection shall be reported at once to the† law enforcement agency of the municipality where the person reporting is located, or to the Division of State Police, by the physician consulted, attending, or treating the injury, or by the† administrator or administratorís designee, whenever such case is presented for treatment or treated in a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), or an office where medical care is provided.† This subsection shall not apply to injuries received by a member of the armed forces of the United States or the State of New Jersey while engaged in the actual performance of duty.

†††† The defined criteria shall consist of a flame burn injury accompanied by one or more of the following factors:

†††† (1)†† A fire accelerant was used in the incident causing the injury and the presence of an accelerant creates a reasonable suspicion that the patient committed arson in violation of N.J.S.2C:17-1.

†††† (2)†† Treatment for the injury was sought after an unreasonable delay of time.

†††† (3)†† Changes or discrepancies in the account of the patient or accompanying person concerning the cause of the injury which creates a reasonable suspicion that the patient committed arson in violation of N.J.S.2C:17-1.

†††† (4)†† Voluntary statement by the patient or accompanying person that the patient was injured during the commission of arson in violation of N.J.S.2C:17-1.

†††† (5)†† Voluntary statement by the patient or accompanying person that the patient was injured during a suicide attempt or the commission of criminal homicide in violation of N.J.S.2C:11-1.

†††† (6)†† Voluntary statement by the patient or accompanying person that the patient has exhibited fire setting behavior prior to the injury or has received counseling for such behavior.

†††† (7)†† Any other factor determined by the bureau of fire safety in the Department of Community Affairs from information in the burn patient arson registry established under section 4 of P.L.1991, c.433 (C.52:27D-25d3) to typify a patient whose injuries were caused during the commission of arson in violation of N.J.S.2C:17-1.

 

C.2C:58-8.1† Rules, regulations.

ealth and Senior Services† , in consultation with the Attorney General, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B‑1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.

 

†††† 3.††† This act shall take effect on the first day of the fifth month after enactment, except that the Commissioner of Health and Senior Services and the Attorney General may take such anticipatory administrative action in advance as shall be necessary for the implementation of this act.

 

†††† Approved April 20, 2011.