Bill Text: NJ A2291 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires medical oxygen providers to notify fire department whenever they stop delivering oxygen to a local residence.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-01-28 - Substituted by S503 [A2291 Detail]
Download: New_Jersey-2012-A2291-Introduced.html
Sponsored by:
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Requires medical oxygen providers to notify fire department whenever they stop delivering oxygen to a local residence.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the delivery of medical oxygen to residences and amending P.L.2002, c.118.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2002, c.118 (C.52:17B-139.7) is amended to read as follows:
1. A licensed pharmacist or other provider of oxygen or an oxygen delivery system who has supplied oxygen or an oxygen delivery system to a patient on an order from a licensed health care provider shall notify the appropriate fire department or company serving the municipality in which the patient resides of the name [and], address, and age of the patient and the existence of the oxygen or oxygen delivery system at the patient's residence, in accordance with the provisions of this act.
a. Prior to notification, a pharmacist or other provider of oxygen or an oxygen delivery system shall inform the patient of the notification requirements of this act and obtain written informed consent from the patient for the notification.
If the patient is legally incompetent, the pharmacist or other provider of oxygen or an oxygen delivery system shall inform an authorized representative of the patient of the notification requirements of this act and obtain the written informed consent from the authorized representative.
b. Written informed consent shall consist of a statement, on a form or in a manner to be determined by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, signed by the patient or by an authorized representative of the patient, which acknowledges that the pharmacist or other provider of oxygen or an oxygen delivery system has provided the patient with information regarding the notification requirements of this act, and that the patient or authorized representative of the patient consents to the notification.
c. If the patient or his authorized representative declines to give his informed consent for the notification, the pharmacist or other provider of oxygen or an oxygen delivery system is required to inform the patient or his authorized representative that the patient or representative is obligated to notify the appropriate fire department or company of the patient's name [and], address, age, and of the existence of oxygen or an oxygen delivery system at his residence. The pharmacist or other provider also shall inform the patient or his authorized representative that the patient or representative is obligated to notify the appropriate fire department or company whenever the supplying of oxygen or the providing of an oxygen delivery system to the patient is terminated and the oxygen or oxygen delivery system is removed from the patient's residence.
d. If the patient or his authorized representative declines to give his informed consent, the pharmacist or other provider of oxygen or an oxygen delivery system is exempt from the requirement to make the notification and is permitted to supply the oxygen or oxygen delivery system as directed by the licensed health care provider's order.
e. A copy of the written informed consent shall be attached to the order for the oxygen or oxygen delivery system or otherwise included in the patient's record or, if written consent is not given, the pharmacist or other provider of oxygen or an oxygen delivery system shall note on the order or in the patient's record that informed consent was not given.
f. A pharmacist or other provider of oxygen or an oxygen delivery system who complies with the provisions of this act shall be immune from civil liability if the patient fails to notify the appropriate fire department or company of the patient's name [and], address, age, and the existence of oxygen or an oxygen delivery system at the patient's residence.
g. Whenever the supplying of oxygen or the providing of an oxygen delivery system to a patient is terminated and the oxygen or oxygen delivery system is removed from the patient's residence, the pharmacist or other provider of that oxygen or oxygen delivery system shall so notify the appropriate fire department or company. Notice shall be given in a manner, form, and within a time frame prescribed by the Director of the Division of Consumer Affairs. If the patient or his authorized representative notified the fire department or company of the existence of oxygen or an oxygen delivery system at his residence pursuant to subsection c. of this section, the patient or his authorized representative shall notify the fire department or company that the supplying of oxygen or the providing of an oxygen delivery system is terminated and that the oxygen or oxygen delivery system has been removed from the patient's residence. Notification shall be provided within 10 days of removal.
(cf: P.L.2002, c.118, s.1)
2. This act shall take effect on the first day of the third month following enactment.
STATEMENT
This bill revises current law governing certain notification requirements that pertain to the existence of oxygen and oxygen delivery systems at the residence of a patient within this State.
Under current law, pharmacists and other providers of oxygen or an oxygen delivery system are required to notify the local fire department or company when they deliver or supply medically ordered oxygen or an oxygen delivery system to a local residence of a patient. The provisions of current law also stipulate that if the patient or the patient's authorized representative declines to give informed consent for the notification, the pharmacist or other provider of oxygen is required to inform the patient or the patient's representative that the patient is obligated to notify the appropriate local fire department or company of the existence of oxygen or an oxygen delivery system at the patient's residence. The notice is given in order to enable firefighters and emergency responders to be aware of, and appropriately react to, the special safety hazards oxygen and oxygen delivery systems may pose in the event of a fire to the patient, neighboring residents, and firefighters.
Current law, however, does not require pharmacists and other providers of oxygen to notify the local fire department or company when they stop providing medical oxygen to a particular residence. In addition, current law does not require a patient or a patient's authorized representative, who initially declined to give informed consent, to notify the local fire department or company that the supplying of oxygen or the providing of an oxygen delivery system has been terminated.
This bill requires pharmacists and other providers of oxygen to provide such a notice to the local fire department or company when they stop supplying oxygen or providing an oxygen delivery system to a particular patient and the oxygen or oxygen delivery system has been removed from the patient's residence. The bill similarly requires that in any case where the patient or the patient's authorized representative provided the notification to the fire department or company, the patient or the patient's representative is required to notify the local fire department or company that the supplying of oxygen or the providing of an oxygen delivery system has been terminated and that the oxygen or oxygen delivery system has been removed from the residence.
The bill specifies that the notice of termination and removal required to be provided by a pharmacist or other provider of oxygen is to be given in a manner, form, and within a time frame prescribed by the Director of the Division of Consumer Affairs. The bill specifies that the notice of termination and removal required to be provided by a patient or a patient's authorized representative is to be given within 10 days of removal.
The bill provides that a pharmacist or other provider of oxygen is required to inform the patient or the patient's authorized representative that the patient is obligated to notify the appropriate fire department or company when the supplying of oxygen or the providing of an oxygen delivery system is terminated and the oxygen or oxygen delivery system is removed from the patient's residence.
The bill provides that information related to the patient's age, along with the name and address of the patient, is required to be provided when notifying local fire departments or companies of the existence of oxygen or an oxygen delivery system at a particular residence.
Requiring providers of oxygen and oxygen delivery systems to give notice when they stop supplying or otherwise providing medical oxygen to a patient will enable local fire departments and emergency responders to continually update and revise their response plans based on current information.
