S3045

An Act establishing a “Yellow Dot Program” and supplementing Title 26 of the Revised Statutes.

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

1. For the purposes of this act:

“Emergency responder” means a municipal, county, or State law enforcement officer or firefighter or other person who has been trained to provide emergency medical first response services in a program recognized by the Commissioner of the Department of Health and Senior Services and licensed or otherwise authorized by the department to provide those services.

2. There is created in the Division of Aging and Community Services in the Department of Health and Senior Services a “Yellow Dot Program” to provide State residents with the ability to alert emergency responders to critical health information in the event that they are involved in a motor vehicle emergency and are unable to communicate. The “Yellow Dot Program” is available to all State residents aged 55 years of age and older.

3. The Division of Aging and Community Service shall:

a. design all materials necessary for the implementation and administration of the “Yellow Dot Program” which shall include, but need not be limited to:

(1) “Yellow Dot Program” decals to be affixed to the windows of program participants’ vehicles. The size and design of the decal and the manner in which the decal is to be affixed to the vehicle are to be determined by the director;

(2) “Yellow Dot Program” health information forms that include space for a program participant to attach a photograph provided pursuant to subsection b. of section 3 of this act. The director shall determine the size and design of the forms, the personal and health data to be included on the forms, and specifications for the photograph to be attached to the forms; and

(3) “Yellow Dot Program” envelopes for completed health information forms to be stored in program participants’ glove compartments of a size and design determined by the director;

b. make available a suitable supply of program materials to each organized full-time municipal police department and each State Police station;

c. develop and undertake a public education campaign to inform the public about the “Yellow Dot Program” created pursuant to this act; and

d. within one year of the effective date of this act publicize and conduct at least one public event in each county at which residents may ask questions and receive assistance in completing health information forms.

4. Every full-time municipal police department and State Police station shall:

a. make available for pick up by any interested person “Yellow Dot Program” materials provided by the Division of Aging and Community Service; and

b. take a photograph of program participants that will be attached to the “Yellow Dot Program” health information forms.

5. An individual over the age of 55 interested in participating in the program shall:

a. obtain program materials from any full-time municipal police department or State Police station;

b. affix the “Yellow Dot Program” decal to a vehicle in which the program participant travels in the manner approved by the director of the Division of Aging and Community Service;

c. complete the “Yellow Dot Program” health information form accurately and legibly and attach the photograph provided by the full-time municipal police department or State Police station pursuant to section 3 of this act;

d. insert the completed “Yellow Dot Program” health information form including photograph into the “Yellow Dot Program” envelope and place the envelope in the glove compartment of a vehicle in which the program participant travels; and

e. update the health information form as necessary.

6. An emergency responder is not liable for any civil damages as a result of any acts or omissions undertaken in response to incomplete, incorrect, or outdated information provided on a “Yellow Dot Program” health information form if the responder acted in good faith in rendering care at the scene of an accident or emergency to any victim thereof.

7. No property subject to forfeiture as prima facie contraband as defined in paragraph (1) of subsection a. of N.J.S.2C:64-1 found by a law enforcement officer in the glove compartment of a vehicle with a “Yellow Dot Program” decal shall be admissible in evidence in any court proceeding provided that the law enforcement officer entered the glove compartment only to retrieve the “Yellow Dot Program” health information form and that the health information form provided health information about a person who met all eligibility criteria for the “Yellow Dot Program” and who was in need of emergency medical first response services at the time the law enforcement officer entered the glove compartment.

8. The Superintendent of State Police shall notify law enforcement officers and emergency responders about the program established pursuant to this act.

9. The Department of Health and Senior Services, in consultation with the Attorney General, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act.

10. This act shall take effect on the first day of the thirteenth month following enactment but the Director of the Division of Aging and Community Service may take such anticipatory administrative action in advance thereof as shall be necessary for its implementation.

STATEMENT

This bill would establish a “Yellow Dot” program in the Division of Aging and Community Service (DACS) in the Department of Health and Senior Services which would be open to any person in the State over the age of 55. The “Yellow Dot” program would provide critical health information about individuals involved in motor vehicle emergencies who were unable to communicate with emergency responders.

DACS would design a yellow decal that program participants would affix to their vehicles, a health information form that program participants would complete and update with pertinent health information, and a yellow envelope into which the health information form and a recent photograph would be placed and then put in the glove compartment.

DACS would be responsible for conducting a public information campaign to publicize the new “Yellow Dot” program and would be required to hold at least one public event in every county within one year at which residents could ask questions and receive assistance in completing health information forms.

The Superintendent of State Police would be responsible for alerting law enforcement and emergency responders about the program so that they would know to look in the glove compartment if a vehicle with a yellow decal were involved in a motor vehicle emergency. Emergency responders would not be liable for any civil damages in response to the care provided at the scene of the emergency if the information on the “Yellow Dot” health information form was incomplete, incorrect, or outdated.

Individuals interested in participating in the program would pick up program materials and have a photograph taken at any full-time municipal police department or State Police Station.