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| Home > Statutes > USA New Jersey |
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USA Statutes : new_jersey
Title : TITLE 52 STATE GOVERNMENT, DEPARTMENTS AND OFFICERS
Chapter : 52:17B-139.
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52:17B-139. Method of transfer
The transfer directed by this act shall be made in accordance with the ~State Agency Transfer Act,~ P.L.1971, c. 375 (C. 52:14D-1 et seq.).
L.1972, c. 18, s. 2, eff. May 1, 1972.
52:17B-139.1. Transfer of powers and duties of commissioner of labor and industry and private employee agency section in department of labor and industry concerning employment agencies to Attorney General and division of consumer affairs
All the functions, powers and duties of the Commissioner of Labor and Industry and the Private Employee Agency Section in the Department of Labor and Industry with respect to the regulation and licensing of employment agencies pursuant to the provisions of P.L.1951, c. 337 (C. 34:8-24 et seq.) are hereby transferred to the Attorney General and the Division of Consumer Affairs in the Department of Law and Public Safety.
L.1972, c. 117, s. 1.
52:17B-139.2. Reference to commissioner of labor and industry as reference to Attorney General
Whenever the term ~Commissioner of Labor and Industry~ or ~commissioner~ occurs in P.L.1951, c. 337 (C. 34:8-24 et seq.), the same shall be deemed to mean or refer to the Attorney General or his duly authorized representative.
L.1972, c. 117, s. 2.
52:17B-139.3. Method of transfer
The transfer directed by this act shall be made in accordance with the ~State Agency Transfer Act,~ P.L.1971, c. 375 (C. 52:14D-1 et seq.).
L.1972, c. 117, s. 3.
52:17B-139.4. Bureau of Employment and Personnel Services
There is established a Bureau of Employment and Personnel Services in the Division of Consumer Affairs in the Department of Law and Public Safety. The Director of the Division of Consumer Affairs shall have authority to administer the provisions of this act with the oversight of the Attorney General. The director shall appoint the chief of the bureau, who shall serve under the direction and supervision of the director and who shall receive a salary as provided by law.
L.1989, c.331, s.2.
52:17B-139.5. Functions, powers, duties transferred to Bureau of Employment and Personnel Services
All the functions, powers and duties of the Private Employment Agency Section in the Division of Consumer Affairs in the Department of Law and Public Safety are hereby transferred to the Bureau of Employment and Personnel Services in the Division of Consumer Affairs. That transfer shall be made in accordance with the provisions of the ~State Agency Transfer Act,~ P.L.1971, c.375 (C.52:14D-1 et seq.).
L.1989, c.331, s.26.
52:17B-139.6. Validity of previous licenses unaffected
Nothing in this act shall affect the validity of any license previously issued to any person by the Private Employment Agency Section in the Division of Consumer Affairs and Office of the Attorney General in the Department of Law and Public Safety, but each person holding a previously issued license shall, in all other respects, be subject to the provisions of this act.
L.1989, c.331, s.27.
52:17B-139.7. Notification to fire department by provider of medical oxygen, oxygen delivery system of patient@s residence
1. A licensed pharmacist or other provider of oxygen or an oxygen delivery system who has supplied oxygen or an oxygen delivery system to a patient on an order from a licensed health care provider shall notify the appropriate fire department or company serving the municipality in which the patient resides of the name and address of the patient and the existence of the oxygen or oxygen delivery system at the patient@s residence, in accordance with the provisions of this act.
a. Prior to notification, a pharmacist or other provider of oxygen or an oxygen delivery system shall inform the patient of the notification requirements of this act and obtain written informed consent from the patient for the notification.
If the patient is legally incompetent, the pharmacist or other provider of oxygen or an oxygen delivery system shall inform an authorized representative of the patient of the notification requirements of this act and obtain the written informed consent from the authorized representative.
b. Written informed consent shall consist of a statement, on a form or in a manner to be determined by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, signed by the patient or by an authorized representative of the patient, which acknowledges that the pharmacist or other provider of oxygen or an oxygen delivery system has provided the patient with information regarding the notification requirements of this act, and that the patient or authorized representative of the patient consents to the notification.
c. If the patient or his authorized representative declines to give his informed consent for the notification, the pharmacist or other provider of oxygen or an oxygen delivery system is required to inform the patient or his authorized representative that the patient is obligated to notify the appropriate fire department or company of the patient@s name and address and of the existence of oxygen or an oxygen delivery system at his residence.
d. If the patient or his authorized representative declines to give his informed consent, the pharmacist or other provider of oxygen or an oxygen delivery system is exempt from the requirement to make the notification and is permitted to supply the oxygen or oxygen delivery system as directed by the licensed health care provider@s order.
e. A copy of the written informed consent shall be attached to the order for the oxygen or oxygen delivery system or otherwise included in the patient@s record or, if written consent is not given, the pharmacist or other provider of oxygen or an oxygen delivery system shall note on the order or in the patient@s record that informed consent was not given.
f. A pharmacist or other provider of oxygen or an oxygen delivery system who complies with the provisions of this act shall be immune from civil liability if the patient fails to notify the appropriate fire department or company of the patient@s name and address and the existence of oxygen or an oxygen delivery system at the patient@s residence.
L.2002,c.118,s.1.
52:17B-139.8. Notification by patient
2. A patient who declines to give his written informed consent for the notification requirements of this act shall, promptly upon being provided with the oxygen or oxygen delivery system, notify the appropriate fire department or company of his name and address and of the existence of the oxygen or oxygen delivery system at his residence.
L.2002,c.118,s.2.
52:17B-139.9. Duties of director
3. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall:
a. Notify all licensed pharmacists in the State of the requirements of this act and provide public notice to other providers of oxygen or oxygen delivery systems of the requirements of this act in newspapers throughout the State;
b. Prepare a patient information brochure regarding the safe handling, use and storage of oxygen or oxygen delivery systems and make copies available to pharmacists and other providers of oxygen or oxygen delivery systems; and
c. Report to the Governor and the Legislature within one year of the effective date of this act on the effectiveness of the notification program.
L.2002,c.118,s.3.
52:17B-139.10. Noncompliance; disorderly person
4. A pharmacist, other provider of oxygen or an oxygen delivery system or patient who knowingly fails to comply with the provisions of this act is a disorderly person.
L.2002,c.118,s.4.
52:17B-139.11. Rules, regulations by Division of Consumer Affairs
5. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall, pursuant to the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to effectuate the purpose of this act concerning the requirements imposed by this act upon pharmacists and other providers of oxygen or oxygen delivery systems. The rules shall establish the procedures pharmacists and other providers of oxygen or oxygen delivery systems shall follow to obtain written informed consent and to notify the appropriate fire department or company serving the municipality in which the patient resides of the patient@s name and address and of the existence of oxygen or an oxygen delivery system at the patient@s residence.
L.2002,c.118,s.5.
52:17B-139.12. Regulations by Division of Fire Safety
6. Pursuant to the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Fire Safety in the Department of Community Affairs shall promulgate regulations concerning the placement of warning signs on residences containing oxygen or an oxygen delivery system.
L.2002,c.118,s.6.
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