Bill Text: NJ A2276 | 2024-2025 | Regular Session | Introduced


Bill Title: Establishes program in DOH for health care provider evaluation and response for patients who are victims of domestic violence.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Health Committee [A2276 Detail]

Download: New_Jersey-2024-A2276-Introduced.html

ASSEMBLY, No. 2276

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 


 

Sponsored by:

Assemblywoman  YVONNE LOPEZ

District 19 (Middlesex)

Assemblywoman  SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Assemblywoman  SHAMA A. HAIDER

District 37 (Bergen)

 

 

 

 

SYNOPSIS

     Establishes program in DOH for health care provider evaluation and response for patients who are victims of domestic violence.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act establishing a domestic violence prevention program for health care providers and supplementing Title 26 of the Revised Statutes.

 

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

 

     1.    The Legislature finds and declares that:

     a.     In the United States, one in three female murder victims and one in 20 male murder victims are killed by a current or former spouse or dating partner.

     b.    In 2019, there were 59,645 domestic violence offenses reported by the police, and 39 domestic violence-related murders reported in New Jersey.

     c.     Domestic violence affects individuals and families in every community regardless of age, economic status, sexual orientation, gender, race, religion, or nationality. The devastating physical, emotional, and psychological consequences of domestic violence can cross generations and last a lifetime.

     d.    According to a report of the New Jersey Domestic Violence Fatality and Near Fatality Review Board, there is a need for more health care providers to accurately assess the presence of domestic violence when treating a patient.

     e.     Data studied by the review board indicate that numerous victims who were killed by their domestic abusers had contact with health care professionals prior to their deaths.

     f.     In order to help reduce the devastating consequences of domestic violence, it is imperative that health professionals in this State are provided with the necessary tools to identify signs of domestic violence and provide victims with resources to seek help.

 

     2.    As used in P.L.   , c.    (C.   ) (pending before the Legislature as this bill):

     "Commissioner" means the Commissioner of Health.

     "Health care professional" means an individual licensed by this State to administer health care in the ordinary course of business or practice of a profession.

     "Patient" means an individual who is under the care of a physician, nurse, or other health care professional.

 

     3.    In consultation with the Advisory Council on Domestic Violence, established pursuant to  P.L.1979, c.337 (C.30:14-1 et seq.), and the Domestic Violence Fatality and Near Fatality Review Board, established pursuant to P.L.2003, c.225 (C.52:27D-43.17a et seq.), the Commissioner of Health shall establish a domestic violence prevention, education, and training program to assist health care providers in this State to identify and respond to victims of domestic violence who are seeking medical treatment.   

     a.     For the purposes of this program, the commissioner shall:

     (1) develop and implement an educational program for health care professionals regarding:

     (a) the causes and nature of domestic violence, risk factors, and preventive measures; and

     (b)   resources available to victims of domestic violence. 

     (2)   establish a training program for health care professionals for:

     (a)   screening patients during the course of a medical examination or treatment to determine whether the patient may be a victim of domestic violence;

     (b)   conducting a comprehensive evaluation and assessment to identify indicators that a patient may be a victim of domestic violence; 

     (c)   appropriately documenting in a patient's medical record any indicators of domestic violence; and

     (d)   providing patients who may be victims of domestic violence with information regarding resources that are available in the community for victims of domestic violence.

     (3)   establish appropriate educational materials for health professionals to make available to patients seeking medical care regarding the causes and nature of domestic violence, risk factors, and preventive measures; and the availability of resources for victims of domestic violence. 

     b.    The commissioner shall seek to establish public-private partnerships to promote outreach and increase awareness for the purposes of this section among health care providers and community-based organizations, and coalitions who offer assistance to victims of domestic violence.

     c.     The commissioner shall establish procedures for coordinating and collecting data for the purposes of evaluating the effectiveness of the program in identifying patients who are victims of domestic violence and facilitating access to available resources for victims of domestic violence.  The commissioner shall submit to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), an annual report regarding the effectiveness of the program and summarizing the data collected pursuant to this subsection.

     d.    The commissioner shall seek to secure the use of such funds or other resources from private nonprofit or for-profit sources or the federal government as may be available to effectuate the purposes of this section, which shall be used to supplement and shall not supplant any State funds used to carry out the purposes of this act.

     e.     The Commissioner of Health shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry out the purposes of this section.

     4.    This act shall take effect on the first day of the fourth month next following the date of enactment.

 

 

STATEMENT

 

     This bill establishes a program in the Department of Health for health care providers to identify and respond to patients who may be victims of domestic violence. 

     According to the New Jersey Domestic Violence Fatality and Near Fatality Review Board, numerous victims in this State who were killed by their domestic abusers had contact with health care professionals prior to their deaths. According to a report of the review board, there is a need for more health care providers to accurately assess the presence of domestic violence when treating a patient.  It is the sponsor's intent to provide health professionals in this State with the necessary tools to identify signs of domestic violence and provide victims with resources to seek help in order to reduce the devastating consequences of domestic violence.

     In implementing the program established under the bill, the commissioner is required to develop and implement the following:

·        an educational program for all health care professionals regarding the causes and nature of domestic violence, risk factors, and preventive measures; and available resources for victims of domestic violence;

·        a training program for health care professionals to screen patients during the course of a medical examination or treatment to determine whether the patient may be a victim of domestic violence; conduct a comprehensive evaluation and assessment to identify indicators that a patient may be a victim of domestic violence; appropriately document in a patient's medical record any indicators of domestic violence; and provide patients who may be victims of domestic violence with information regarding resources that are available in the community; and

·        educational materials for health professionals to make available to patients seeking medical care regarding the causes and nature of domestic violence, risk factors, and preventive measures; and the availability of resources for victims of domestic violence. 

     The provisions of the bill require the commissioner to seek to establish public-private partnerships to promote outreach and increase awareness among health care providers and community-based organizations, and coalitions who offer assistance to victims of domestic violence.  The commissioner also is required to establish procedures for coordinating and collecting data for the purposes of evaluating the effectiveness of the program in reducing the incidence of domestic violence and overall health care costs, and compile an annual report to be submitted to the Governor and Legislature. 

     Under the bill, the commissioner also is required to seek to secure the use of funds or other resources from private nonprofit or for-profit sources or the federal government that may be available, which are to be used to supplement, and not supplant, State funds used to carry out the purposes of this bill.

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