ASSEMBLY, No. 2258

STATE OF NEW JERSEY

213th LEGISLATURE

INTRODUCED FEBRUARY 25, 2008

 


 

Sponsored by:

Assemblywoman CONNIE WAGNER

District 38 (Bergen)

Assemblywoman JOAN M. VOSS

District 38 (Bergen)

Assemblyman VINCENT PRIETO

District 32 (Bergen and Hudson)

Assemblyman JOSEPH J. ROBERTS, JR.

District 5 (Camden and Gloucester)

 

Co-Sponsored by:

Assemblyman McKeon, Assemblywoman Pou, Assemblymen Schaer, Johnson, Coutinho, Scalera, Assemblywoman Vainieri Huttle and Assemblyman Diegnan

 

 

 

 

SYNOPSIS

Requires Commissioner of Human Services to create identification card for use by persons with autism.

 

CURRENT VERSION OF TEXT

As introduced.


An Act concerning persons with autism and supplementing Title 30 of the Revised Statutes.

 

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

 

1. a. The Commissioner of Human Services, through the Division of Developmental Disabilities, shall create and disseminate, for voluntary use by parents, guardians, and other caretakers of persons with autism, and by persons with autism, who are residents of this State, a card that is designed to identify an individual as having autism.

b. The commissioner shall consult with the various autism advocacy and service organizations in the State concerning the creation and dissemination of the card.

c. The commissioner shall take all practicable measures, within the limits of available resources, to inform the public about the availability of the card and how to obtain the card.

d. (1) The commissioner shall establish an application form and procedure for the card and shall adopt such procedures as the commissioner deems necessary to ensure appropriate verification with respect to applicants.

(2) The commissioner and the Commissioner of Health and Senior Services shall, by inter-agency agreement, provide for access by the Division of Developmental Disabilities to the registry of reported autism diagnoses established in the Department of Health and Senior Services pursuant to P.L.2007, c.170 (C.26:2-185 et seq.), for the confidential use of the Division of Developmental Disabilities for the purposes of this act. Access by the Division of Developmental Disabilities to the registry with respect to any reported autism diagnosis shall be subject to the receipt by the Commissioner of Health and Senior Services of written informed consent by a parent, guardian, or other caretaker of a person with autism, or a person with autism, to the provision of such access.

(3) The commissioner shall charge a fee to applicants in an amount that does not exceed the reasonable costs of processing card applications and all related administrative expenses incurred by the Division of Developmental Disabilities to carry out the provisions of this act.

e. The provisions of this act shall not be construed to require a parent, guardian, or other caretaker of a person with autism, or a person with autism, to apply for or carry the identification card created pursuant to this act.

2. The Commissioner of Human Services, in consultation with the Commissioner of Health and Senior Services and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to effectuate the purposes of this act, including, but not limited to, such rules and regulations as may be necessary to ensure compliance with applicable confidentiality requirements of State and federal law.

 

3. This act shall take effect on the 180th day after enactment, but the Commissioner of Human Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of the act.

 

 

STATEMENT

 

This bill requires the Commissioner of Human Services, through the Division of Developmental Disabilities (DDD), to create and disseminate, for voluntary use by parents, guardians, and other caretakers of persons with autism, and by persons with autism, who are residents of this State, a card that is designed to identify an individual as having autism.

The bill provides specifically as follows:

   The Commissioner of Human Services is to:

-- consult with the various autism advocacy and services organizations in the State concerning the creation and dissemination of the card; and

-- take all practicable measures, within the limits of available resources, to inform the public about the availability of the card and how to obtain the card.

   The commissioner is to establish an application form and procedure for the card and to adopt such procedures as the commissioner deems necessary to ensure appropriate verification with respect to applicants.

   The commissioner and the Commissioner of Health and Senior Services, by inter-agency agreement, are to provide for access by DDD to the registry of reported autism diagnoses established in the Department of Health and Senior Services pursuant to P.L.2007, c.170 (C.26:2-185 et seq.), for the confidential use of DDD for the purposes of the bill. Access by DDD to the registry with respect to any reported autism diagnosis will be subject to the receipt by the Commissioner of Health and Senior Services of written informed consent by a parent, guardian, or other caretaker of a person with autism, or a person with autism, to the provision of such access.

   The commissioner is directed to charge a fee to applicants in an amount that does not exceed the reasonable costs of processing card applications and all related administrative expenses incurred by DDD to carry out the provisions of the bill.

   The provisions of this bill are not to be construed to require a parent, guardian, or other caretaker of a person with autism, or a person with autism, to apply for or carry the identification card created pursuant to the bill.

   The Commissioner of Human Services, in consultation with the Commissioner of Health and Senior Services, is to adopt such rules and regulations as are necessary to effectuate the purposes of the bill, including, but not limited to, such rules and regulations as may be necessary to ensure compliance with applicable confidentiality requirements of State and federal law.

   The bill takes effect on the 180th day after enactment, but authorizes the Commissioner of Human Services to take anticipatory administrative action in advance as necessary for its implementation.