HomeMy Public PortalAboutr 03:143No... 03',' :t43
Date of Adoption lqay 8, 2003
ENDORSING A-3458 /
DANIELLE'S LAW REQUIRING STAFF WORKING WITH
DEVELOPMENTALLY DISABLED TO CALL 911 IN LIFE
THREATENING SITUATIONS
WHEREAS, individuals with developmental disabilities and traumatic brain
injuries are amongst the most vulnerable members of our society; and
WHEREAS, many individuals with developmental disabilities are cared for by
staff provided by facilities operated by public or private agencies, organizations or
institutions; and
WHEREAS, under current law, these individuals may not receive emergency
medical help when necessary since the staff caring for them is not required to call
911 in a potentially life threatening situation or emergency; and
WHEREAS, currently, there is no required reporting of any life-threatening
situation or calls to 911 to the Department of Human Services (DHS); and
WHEREAS, A-3458 would require all staff working with a person receiving
services as an individual with developmental disabilities at a public or private
facility or from a public or private agency that provides services for persons with
developmental disabilities or traumatic brain injuries to call 911 in all emergency
situations; and
WHEREAS, A-3458 would require that the DHS provide appropriate training to
each staff member at all facilities for the developmentally disabled or traumatic
brain injured; and
WHEREAS, the bill further states that if those staff members fail to follow the
policies and procedures set forth within the bill, he/she/they will be subject to
fines of $5000 for the first offense, $10,000 for the second offense, and $25,000
for each offense thereafter to be collected under the provisions of N.J.S.A. 2A:58-
10, et seq. by the Commissioner of Human Services; and
WHEREAS, specifically, under the provisions of the bill, the DHS will be
required to maintain a record of all violations of the bill, and those reports are to
be included in the criteria for renewals of licenses of public and private facilities
and in awarding contracts to public and private facilities as applicable; and
WHEREAS, all healthcare professionals licensed or otherwise authorized to
practice under Title 45 to the Revised Statutes must adhere to the provisions of
this bill or risk revocation of that individual's professional license after
appropriate notice and opportunity for a hearing by the appropriate board in the
Division of Consumer Affairs in the Department of Law and Public Safety; and
NO. 03-143 PAGE. 2
WHEREAS, the bill defines "emergency" as a situation in which immediate
intervention is necessary to protect the physical safety of a person receiving
services at a facility or from a public or private agency, or to protect the safety of
others from an immediate threat of serious physical injury; and
WHEREAS, the bill is intended to reduce the number of fatalities that result from
staff of public and private agencies that care for the developmentally disabled and
brain injured from calling 911 for help in life-threatening situations, and to
address the tragic situation that occurred at a State-licensed facility in Carteret,
where a woman with multiple disabilities, named Danielle, became ill and was
transported by van to the doctor without the staff caring for her calling 911 for
elnergency assistance, and passed away; and
/
WHEREAS, A-3458 is supported by the Carteret Office on the Disabled, and the
family of Danielle Gruskowski.
NOW, TItEREFORE, BE IT RESOLVED that the Mayor and Council of the
Borough of Carteret, County of Middlesex, and State of New Jersey, hereby
endorse A-3458 - Danielle's Law - Requiring Staff Working With Those Persons
With Developmental Disabilities or Traumatic Brain Injury to call 911
Emergency Telephone Service in Life Threatening Emergencies; and
BE IT ]FURTHER RESOLVED that a copy of this Resolution be forwarded to
Senator Joseph Vitale, Assemblywoman Arlene Friscia, and Assemblyman John
Wisneiwski.
Adopted this 8th day of May, 2003 and
certified as a true copy of the original on
May 8, 2003.
KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
RECORD OF COUNCIl. VOTE
COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B.
gRUM X RIOS X
NAPLES Z SITARZ X
PARISI X SOSNOl, lSKI X
X - Indicnie Vole AB- Abscnl NV - Nol Voting XOR - [ndk'uics Vole 1o Overrule Veto
Adopted at a meeting of Ihe Municipul Council