SENATE, No. 693

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 15, 1996

By Senator BUBBA

An Act concerning the conduct of certain professionals and supplementing chapter 40A of Title 2C of the New Jersey Statutes.

    BE it Enacted by the Senate and General Assembly of the State of New Jersey:

    1. (New section) a. No physician, chiropractor or other health care professional licensed or certified to practice in this State, or person employed by or acting on behalf of such person, with the purpose of obtaining professional employment for himself or another, shall contact a person or that person's relative concerning an action for personal injury or wrongful death or an action that otherwise relates to an accident or disaster involving that person for a period of 31 days after the date on which the accident or disaster occurred.

    b. No. attorney, or person employed by or acting on behalf of an attorney, with the purpose of obtaining professional employment for himself or another, shall contact a person or that person's relative concerning an action for personal injury or wrongful death or an action that otherwise relates to an accident or disaster involving that person in violation of the Rules of Professional Conduct governing contact with prospective clients.

    c. Subsection a. of this section shall not apply if the person or his relative, as the case may be, had a previous business relationship with the professional.

    d. Subsection a. of this section shall not apply to recommendations or referrals by past or present clients or patients, friends, relatives or other individuals relying on the reputation of the professional, provided that the recommendation or referral is not made for monetary remuneration.

    e. Subsection a. of this section shall not apply to any solicitation through traditional advertising which is not directed to the victim or victims of a specific accident or disaster.

    f. Subsection a. of this section shall not apply to emergency medical care.

    g. A person who violates the provisions of this section shall be guilty of a crime of the fourth degree.

    2. This act shall take effect on the first day of the third month after enactment.

STATEMENT

    This bill would make it a crime of the fourth degree for physicians, chiropractors and other health care professionals, and persons employed by or acting on their behalf, to contact victims of accidents or disasters or their relatives concerning personal injury or wrongful death actions for a period of 31 days after the incident occurred. The bill would also make it a crime of the fourth degree for persons employed by attorneys or acting on their behalf from doing so in violation of the Rules of Professional Conduct governing contact with prospective clients. A crime of the fourth degree is punishable by a term of imprisonment not to exceed 18 months, a fine of up to $7500 or both.

    The bill's provisions would not apply if the person had a prior business relationship with the professional; to recommendations or referrals by past or present clients or patients, friends, relatives or other individuals relying on the reputation of the professional, if the recommendation is not made for monetary remuneration; to solicitations through traditional advertising not directed to the victim or victims of a specific accident or disaster; or to emergency medical care.

Prohibits certain persons from contacting accident and disaster victims to solicit business for 31 days after incident.