New Jersey § 52:17b-139

§ 52:17b-139.

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, address, and age of the

patient and the existence of the oxygen or oxygen delivery system at the patient's

residence, in accordance with the provisions of P.L.2002, c. 118 ( C.52:17B-139.7 et seq. ) . 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 incapacitated , 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 P.L.2002, c. 118 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 P.L.2002, c. 118 , and that the patient or authorized representative of the patient consents to the

notification. c. If the patient or the patient's authorized representative declines to give informed consent for the notification, the pharmacist or other provider of oxygen

or an oxygen delivery system is required to inform the patient or the patient's authorized representative that the patient or representative is obligated to notify

the appropriate fire department or company of the patient's name, address, age, and

of the existence of oxygen or an oxygen delivery system at the patient's residence. The pharmacist or other provider also shall inform the patient or his authorized representative

that the patient or representative is obligated to notify the appropriate fire department

or company whenever the supplying of oxygen or the providing of an oxygen delivery

system to the patient is terminated and the oxygen or oxygen delivery system is removed

from the patient's residence. d. If the patient or the patient's authorized representative declines to give 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,

address , age, and the existence of oxygen or an oxygen delivery system at the patient's residence. g. Whenever the supplying of oxygen or the providing of an oxygen delivery system

to a patient is terminated and the oxygen or oxygen delivery system is removed from

the patient's residence, the pharmacist or other provider of that oxygen or oxygen

delivery system shall so notify the appropriate fire department or company. Notice shall be given in a manner, form, and within a time frame prescribed by the

Director of the Division of Consumer Affairs. If the patient or his authorized representative notified the fire department or

company of the existence of oxygen or an oxygen delivery system at his residence pursuant

to subsection c. of this section, the patient or his authorized representative shall

notify the fire department or company that the supplying of oxygen or the providing

of an oxygen delivery system is terminated and that the oxygen or oxygen delivery

system has been removed from the patient's residence. Notification shall be provided within 10 days of removal.