ASSEMBLY, No. 1525

 

STATE OF NEW JERSEY

 

INTRODUCED FEBRUARY 8, 1996

 

 

By Assemblywoman CRECCO

 

 

An Act concerning emergency medical services and supplementing Title 26 of the Revised Statutes.

 

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

 

    1. As used in this act:

    "AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control of the United States Public Health Service.

    "Commissioner" means the Commissioner of Health.

    "Health care facility" means a health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2).

    "HIV" means the human immunodeficiency virus which is believed to cause AIDS.

 

    2. The attending physician or registered professional nurse at a health care facility, or another person designated by the administrator of that facility, shall notify: a. a first aid, ambulance or rescue squad, or any other entity providing emergency medical transportation services, which is transporting a patient whom the facility knows to be infected with HIV or hepatitis B virus or to be suffering from AIDS, AIDS related complex or any of the contagious, infectious or communicable diseases as determined by the commissioner pursuant to section 2 of P.L.1988, c.125 (C.26:6-8.3); and b. the health care facility to which the patient is being transferred, that the patient has the infection or disease.

    The information provided to a first aid, ambulance or rescue squad, or to any other entity providing emergency medical transportation services, and to a health care facility, pursuant to this section shall be confidential and shall not be divulged or made public so as to disclose the identity of any person to whom it relates, except as required by law.

 

    3. The health care facility which receives the patient pursuant to section 2 of this act shall notify the first aid, ambulance or rescue squad, or other entity providing emergency medical transportation services, if the facility determines, subsequent to the patient's admission to that facility, that the patient has an infection or disease as provided in section 2 of this act.

 

    4. The commissioner shall provide to all health care facilities for distribution to appropriate personnel the list of diseases that the commissioner determines are contagious, infectious or communicable diseases pursuant to section 2 of P.L.1988, c.125 (C.26:6-8.3), as well as revised versions of the list when it is updated.

 

    5. Nothing in this act shall be construed to permit a first aid, ambulance or rescue squad, or any other entity providing emergency medical transportation services, to deny services to a patient who has an infection or disease as provided in section 2 of this act.

 

    6. A person who violates the provisions of this act is subject to a penalty of up to $1,000 for each offense, to be recovered in a civil action in the name of the Department of Health in a court of competent jurisdiction. The action may be brought in a summary manner pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq.

 

    7. A person shall not be liable for any civil damages as a result of an act or the omission of an act committed while providing services in good faith and in accordance with this act.

 

    8. The commissioner, 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 purpose of this act.

 

    9. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill requires that the attending physician or registered professional nurse at a health care facility, or another person designated by the administrator of that facility, shall notify a first aid, ambulance or rescue squad, or any other entity providing emergency medical transportation services, which is transporting a patient whom the facility knows to be infected with HIV or hepatitis B virus or to be suffering from AIDS, AIDS related complex or any of the contagious, infectious or communicable diseases as determined by the Commissioner of Health pursuant to section 2 of P.L.1988, c.125 (C.26:6-8.3), and the health care facility to which the patient is being transferred, that the patient has, or is believed to have the infection or disease. (P.L.1988, c.125 requires that similar notification be provided to funeral directors.)

    The bill provides that the information provided about a patient shall be confidential and shall not be divulged or made public so as to disclose the identity of any person to whom it relates, except as required by law.

    The bill requires the Commissioner of Health to provide to all health care facilities for distribution to appropriate personnel the list of diseases that the commissioner determines are contagious, infectious or communicable diseases pursuant to section 2 of P.L.1988, c.125, as well as revised versions of the list when it is updated.

    Nothing in this bill shall be construed to permit a first aid, ambulance or rescue squad, or any other entity providing emergency medical transportation services, to deny services to a patient who has AIDS or AIDS related complex, or is infected with HIV or hepatitis B virus, or has a contagious, infectious or communicable disease as determined by the Commissioner of Health.

    In addition, the bill stipulates that the health care facility which receives the patient shall notify the first aid, ambulance or rescue squad, or other entity providing emergency medical transportation services, if the facility determines, subsequent to the patient's admission to that facility, that the patient has AIDS or AIDS related complex, or is infected with HIV or hepatitis B virus, or has a contagious, infectious or communicable disease as determined by the Commissioner of Health.

    The bill further provides that a person who violates the provisions of this measure is subject to a penalty of up to $1,000 for each offense, to be recovered in a civil action in the name of the Department of Health. This penalty is equivalent to that provided in P.L.1988, c.125.

    Finally, the bill provides that a person shall not be liable for any civil damages as a result of an act or the omission of an act committed while providing services in good faith and in accordance with this measure.

 

 

                             

 

Requires health care facilities to notify first aid, ambulance and rescue squads that they are transporting a patient who has AIDS or a contagious, infectious or communicable disease.