Bill Text: NJ A5244 | 2018-2019 | Regular Session | Introduced
Bill Title: Authorizes certain uses of telemedicine and telehealth in facilities for persons with developmental disabilities and traumatic brain injury.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2019-05-13 - Introduced, Referred to Assembly Health and Senior Services Committee [A5244 Detail]
Download: New_Jersey-2018-A5244-Introduced.html
Sponsored by:
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Authorizes certain uses of telemedicine and telehealth in facilities for persons with developmental disabilities and traumatic brain injury.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning facilities for individuals with developmental disabilities or traumatic brain injury and amending P.L.2003, c.191.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2003, c.191 (C.30:6D-5.2) is amended to read as follows:
2. As used in this act:
"Commissioner" means the Commissioner of Human Services.
"Department" means the Department of Human Services.
"Facility for persons with developmental disabilities" means a facility for persons with developmental disabilities as defined in section 3 of P.L.1977, c.82 (C.30:6D-3).
"Facility for persons with traumatic brain injury" means a facility for persons with traumatic brain injury that is operated by, or under contract with, the department.
"Life-threatening emergency" means a situation in which a prudent person could reasonably believe that immediate intervention is necessary to protect the life of a person receiving services at a facility for persons with developmental disabilities or a facility for persons with traumatic brain injury or from a public or private agency, or to protect the lives of other persons at the facility or agency, from an immediate threat or actual occurrence of a potentially fatal injury, impairment to bodily functions or dysfunction of a bodily organ or part.
"Public or private agency" means an entity under contract with, licensed by or working in collaboration with the department to provide services for persons with developmental disabilities or traumatic brain injury.
"Telehealth" means the same as that term is defined by section 1 of P.L.2017, c.117 (C.45:1-61).
"Telemedicine" means the same as that term is defined by section 1 of P.L.2017, c.117 (C.45:1-61).
(cf: P.L.2003, c.191, s.2)
2. Section 3 of P.L.2003, c.191 (C.30:6D-5.3) is amended to read as follows:
3. a. A member of the staff at a facility for persons with developmental disabilities or a facility for persons with traumatic brain injury or a member of the staff at a public or private agency, who in either case works directly with persons with developmental disabilities or traumatic brain injury, shall, except in instances where telemedicine or telehealth is utilized to provide immediate assistance to assess and treat a suspected life-threatening emergency, be required to call the 911 emergency telephone service for assistance [in the event of a] if there is reasonable cause to believe that a life-threatening emergency is occurring at the facility or the public or private agency, and to report that call or the use of telemedicine or telehealth to the department, in accordance with policies and procedures established by regulation of the commissioner. The facility or the public or private agency, as applicable, and the department shall maintain a record of such calls and such uses of telemedicine and telehealth under the policy to be established pursuant to this section.
b. The department shall ensure that appropriate training is provided to each member of the staff at a facility for persons with developmental disabilities or a facility for persons with traumatic brain injury or member of the staff at a public or private agency, who in either case works directly with persons with developmental disabilities or traumatic brain injury, to effectuate the purposes of subsection a. of this section.
(cf: P.L.2003, c.191, s.3)
3. This act shall take effect immediately.
STATEMENT
This bill provides that, if there is reasonable cause to believe that a life-threatening emergency is occurring at a facility for persons with developmental disabilities or persons with traumatic brain injury, facility staff members may use telemedicine or telehealth to assess and treat the suspected emergency. Under current law, facility staff members are required to call the 911 emergency telephone service for assistance, and have no option to utilize other treatment modalities, such as telemedicine and telehealth. The reporting and recordkeeping requirements that apply to 911 calls under the current law will apply in the same manner to telemedicine and telehealth when used to respond to a suspected life-threatening emergency involving a person at a facility for individuals with a developmental disability or traumatic brain injury.
