New Jersey-2018-A5966-Introduced

An Act concerning toxic shock syndrome and supplementing Title 18A of the New Jersey Statutes and Title 26 of the Revised Statutes.

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

1. This act shall be known and may be cited as "Madalyn's Law."

2. Beginning with the 2020-2021 school year, each school district shall incorporate instruction on toxic shock syndrome in grades 4 through 12 as part of the district's implementation of the New Jersey Student Learning Standards for Comprehensive Health and Physical Education. The instruction shall include information on the causes and symptoms of toxic shock syndrome and the ways in which a student may reduce the risk for developing the syndrome. The Commissioner of Education shall provide school districts with age-appropriate sample learning activities and resources designed to implement this requirement.

3. a. The owner of a group A or M occupancy that maintains a restroom that is open to the public and available for use by women, and that includes two or more toilets, shall ensure the installation and maintenance of a sign in the restroom alerting women to the warning signs, causes, and dangers of toxic shock syndrome. The sign shall be installed on or before the first day of the sixth month next following the adoption of rules and regulations pursuant to subsection c. of this section.

b. The owner of a group A or M occupancy who violates the provisions of this section shall be liable for a penalty of not more than $100 for each violation to be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalties provided by this subsection.

c. The Commissioner of Health shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate the purposes of this section. The rules and regulations shall include, but not be limited to, standards for the placement, appearance, and wording of the required signage, and the frequency and criteria of public access that shall cause a space to be designated as open to the public.

d. As used in this section, "group A or M occupancy" means an Assembly Group A occupancy or a Mercantile Group M occupancy, as defined in chapter 3 of the 2015 New Jersey International Building Code or its successor, with the exception of an occupancy located within an elementary school that does not include grades above grade 5.

4. The Commissioner of Health shall prepare and make available on the Internet website of the Department of Health informational literature concerning the signs, causes, and dangers of toxic shock syndrome.

5. This act shall take effect immediately.

STATEMENT

This bill requires each school district, beginning in the 2020-2021 school year, to incorporate instruction on toxic shock syndrome in grades 4 through 12 as part of the district's implementation of the New Jersey Student Learning Standards for Comprehensive Health and Physical Education. The bill directs the Commissioner of Education to provide school districts with age-appropriate sample learning activities and resources designed to implement this requirement.

This bill would also require the owner of a group A or M occupancy, that maintains a public restroom available for use by women, to ensure the installation and maintenance of a sign in the restroom alerting women to the warning signs, causes, and dangers of toxic shock syndrome. This requirement would only apply to restrooms that include two or more toilets.

The bill would require the Department of Health to adopt rules and regulations to effectuate the purposes of the bill. The bill would require the toxic shock syndrome signs to be installed in the necessary restrooms on or before the first day of the sixth month following the adoption of rules and regulations by the department. Failure to comply with the provisions of this bill would result in liability for a penalty of not more than $100 for each violation.

Under the bill, "group A or M occupancy" means an Assembly Group A occupancy or a Mercantile Group M occupancy, as defined in chapter 3 of the 2015 New Jersey International Building Code. Under the bill, locations within elementary schools that do not include grades above grade 5 are excluded from the "group A or M occupancy" definition.

This bill is intended to enhance public awareness of toxic shock syndrome, a potentially serious illness that can develop quickly. Anyone can contract toxic shock syndrome, but women using tampons and similar devices have a higher risk. Early symptoms may include a low fever, muscle aches, chills, fatigue, and headaches. As toxic shock syndrome progresses, symptoms may include a high fever, vomiting, rashes, redness of the eyes, lips and tongue, low blood pressure, and mental confusion. Toxic shock syndrome is generally treated with antibiotics.

Additionally, the bill directs the Department of Health to prepare and make available on its website informational literature concerning the signs, causes, and dangers of toxic shock syndrome.

This bill is named in honor of Madalyn "Maddy" Massabni, who tragically passed away on March 30, 2017 just days after contracting Toxic Shock Syndrome. Maddy was a 2016 graduate of Rumson-Fair Haven Regional High School and was just beginning her academic career at Lynn University in Florida.