A680

An Act concerning the delivery of oxygen to a patient’s residence under emergency conditions and supplementing Title 52 of the Revised Statutes.

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

1. As used in this act:

“Director” means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

“Pharmacy” means a pharmacy operating in accordance with the provisions of P.L.2003, c.280 (C.45:14-40 et seq.).

“Public health emergency” means a public health emergency as defined in section 2 of P.L.2005, c.222 (C.26:13-2).

2. a. Each pharmacy or other provider of oxygen or an oxygen delivery system that has supplied oxygen or an oxygen delivery system to a patient, for use in the patient’s residence, on order from a licensed health care professional shall prepare and adopt an emergency action plan, in accordance with requirements to be established by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, which sets forth the procedures that the pharmacy or other provider shall follow, in the event of a public health emergency, in order to: ensure the availability of oxygen to that patient, to the maximum extent practicable; and be responsive to inquiries or requests made by, or on behalf of, the patient concerning the patient’s need for, or receipt of, oxygen or an oxygen delivery system by the pharmacy or other provider.

b. The director shall notify all pharmacies in the State of the requirements of this act, and shall provide public notice to other providers of oxygen or oxygen delivery systems of the requirements of this act in newspapers throughout the State.

3. The director, in consultation with the Commissioner of Health and the Director of the State Office of Emergency Management and pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.

4. This act shall take effect on the first day of the seventh month next following the date of enactment, but the director may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill requires each pharmacy or other provider of oxygen or an oxygen delivery system, which has supplied oxygen or an oxygen delivery system to a patient, for use in the patient’s residence, on an order from a licensed health care provider, to prepare and adopt an emergency action plan, in accordance with requirements to be established by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

The purpose of the emergency action plan, to be adopted by each pharmacy or other provider of oxygen or an oxygen delivery system, is to set forth the procedures that it will follow, in the event of a public health emergency, in order to: ensure the availability of oxygen to that patient, to the maximum extent practicable; and be responsive to inquiries or requests made by, or on behalf of, the patient concerning the patient’s need for, or receipt of, oxygen or an oxygen delivery system by the pharmacy or other provider.

The Director of the Division of Consumer Affairs is to notify all pharmacies in the State of the requirements of this bill, and to provide public notice to other providers of oxygen or oxygen delivery systems of these requirements in newspapers throughout the State.

The Director of the Division of Consumer Affairs is to adopt regulations, in consultation with the Commissioner of Health and the Director of the State Office of Emergency Management, to effectuate the purposes of the bill.

The bill takes effect on the first day of the seventh month following enactment, but authorizes the Director of the Division of Consumer Affairs to take prior administrative action as necessary for its implementation.