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PO Box 360
Trenton, NJ 08625-0360
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†††††††† The Office of Certificate of Need and Healthcare Facility Licensure in the Division of Health Facilities Evaluation and Licensing in the Senior Services and Health Systems Branch of the Department of Health and Senior Services (Department) is proposing new rules at N.J.A.C. 8:43G-12A, governing Emergency Care for Sexual Assault Victims.† The Department proposes amendments to the rules for services provided in satellite emergency departments established at N.J.A.C. 8:43G-36.3.† The Department also proposes amendments to the rules governing civil monetary penalties at N.J.A.C. 8:43E-3.4.† The notice of proposal appears in the October 6, 2008 issue of the
†††††††† The proposed new rules at N.J.A.C. 8:43G-12A and the proposed amendments at N.J.A.C. 8:43G-36.3 and 8:43E-3.4 would implement P.L. 2005 c. 50, approved by former Governor Codey on March 21, 2005 and codified at N.J.S.A. 26:2H-12.6b through g.†† The proposed new rules at N.J.A.C. 8:43G-12A would establish the framework and standards for emergency health care facilities to provide emergency care and medically and factually accurate and objective verbal and written information about emergency contraception and sexually transmitted diseases to all sexual assault victims.† The Department captures the required written information in a proposed brochure available at the N.J.A.C. 8:43G-12A Appendix.† The proposed new rules at N.J.A.C. 8:43G-12A would also require emergency health care facilities to verbally inform each sexual assault victim of her option to be provided emergency contraception at the facility and provide emergency contraception, upon her request, unless contraindicated.† In addition, the proposed new rules at N.J.A.C. 8:43G-12A would set forth the Departmentís authority to investigate every complaint of an emergency health care facilityís failure to comply with the legislation and proposed rules.
†††††††† The Department proposes an amendment at N.J.A.C. 8:43G-36.3(b)4 to expand the services that satellite emergency departments must provide in order to obtain licensure by adding the provision of emergency contraception, upon request, and verbal and written information required by† N.J.A.C. 8:43G-12A.† The Departmentís proposed amendment at N.J.A.C. 8:43E-3.4 would establish a penalty for any violation of N.J.A.C. 8:43G-12A or 36.3(b)4.
†††††††† The public has until December 5, 2008 to comment on the notice of proposal.† Persons wishing to comment on the proposal must submit their comments in writing to Ruth Charbonneau, Director, Office of Legal and Regulatory Affairs, Office of the Commissioner, Department of Health and Senior Services,
Department of Health
P. O. Box 360, Trenton, NJ 08625-0360