SENATE, No. 2010

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED MARCH 3, 2022

 


 

Sponsored by:

Senator  DECLAN J. O'SCANLON, JR.

District 13 (Monmouth)

 

Co-Sponsored by:

Senator Burgess

 

 

 

 

SYNOPSIS

     Requires certain doctors and nurses to ask patients questions regarding menstrual cycles, previous tampon use, and toxic shock syndrome.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning toxic shock syndrome and supplementing 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 the “Menstrual Toxic Shock Syndrome Medical Questions Act.”

 

     2.    a.  As used in this section:

     “Nurse practitioner" means a licensed nurse practitioner who practices nursing the following areas: family medicine, general obstetrics, or gynecology.

     “Physician" means a physician licensed pursuant to Title 45 of the Revised Statutes who practices family medicine, general obstetrics, or gynecology.

     b.    A nurse practitioner or physician shall ask each female patient who is exhibiting symptoms associated with influenza or viral gastroenteritis if the patient has an active menstrual cycle or the date of the last menstrual cycle if the female patient does not have an active menstrual cycle at the time of the medical visit.

     c.     A nurse practitioner or physician shall ask a female patient with an active menstrual cycle or a recently active menstrual cycle, as determined pursuant to subsection b. of this section, when the patient most recently used a tampon and if the patient experienced symptoms associated with influenza or viral gastroenteritis while using the tampon or soon thereafter.

     d.    A nurse practitioner or physician shall inform a female patient who is exhibiting symptoms associated with influenza or viral gastroenteritis about signs and symptoms of menstrual toxic shock syndrome. 

     e.     A nurse practitioner or physician shall offer to test a female patient for toxic shock syndrome if:

     (1)   the patient is exhibiting symptoms associated with influenza or viral gastroenteritis;

     (2)   the patient has an active or recently active menstrual cycle as determined pursuant to subsection b. of this section; and

     (3)   the patient began experiencing symptoms associated with influenza or viral gastroenteritis while using a tampon or soon thereafter as determined pursuant to subsection c. of this section.

 

     3.    The Commissioner of Health may adopt rules and regulations, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to effectuate the provisions of this act.

 

     4.    This act shall take effect immediately.

STATEMENT

 

     This bill establishes the “Menstrual Toxic Shock Syndrome Medical Questions Act.” The bill requires nurse practitioners who practices nursing in emergency medicine, family medicine, general obstetrics, or gynecology and physicians who practice emergency medicine, family medicine, general obstetrics, or gynecology to ask patients questions regarding menstrual cycles, previous tampon use, and toxic shock syndrome.

     Under the bill, a nurse practitioner or physician is to ask each female patient who is exhibiting symptoms associated with influenza or viral gastroenteritis if the patient has an active menstrual cycle or the date of the last menstrual cycle if the female patient does not have an active menstrual cycle at the time of the medical visit.  A nurse practitioner or physician is to ask a female patient with an active menstrual cycle or a recently active menstrual cycle, when the patient most recently used a tampon and if the patient experienced symptoms associated with influenza or viral gastroenteritis while using the tampon or soon thereafter.  A nurse practitioner or physician is to inform a female patient who is exhibiting symptoms associated with influenza or viral gastroenteritis about signs and symptoms of menstrual toxic shock syndrome. 

     In addition, a nurse practitioner or physician is to offer to test a female patient for toxic shock syndrome if:

     (1)   the patient is exhibiting symptoms associated with influenza or viral gastroenteritis;

     (2)   the patient has an active or recently active menstrual cycle; and

     (3)   the patient began experiencing symptoms associated with influenza or viral gastroenteritis while using a tampon or soon thereafter.