Assembly Bill A8467

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8467
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2025
                                ___________
 
 Introduced  by  M.  of  A.  P. CARROLL  -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation  to  notice  to  fire
   departments when oxygen is in use at a residence
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 3656 of the public health law is renumbered section
 3657 and a new section 3656 is added to read as follows:
   § 3656. NOTIFICATION TO FIRE DEPARTMENT BY PROVIDER OF MEDICAL  OXYGEN
 OR  OXYGEN  DELIVERY  SYSTEM  OF  OXYGEN  USE AT RESIDENCE. 1. A MEDICAL
 EQUIPMENT SERVICE AGENCY THAT 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 WITHIN TWENTY-FOUR HOURS OF DELIVERY OF  SUCH
 HOME MEDICAL EQUIPMENT.
   2.  (A)  PRIOR  TO  NOTIFICATION, THE MEDICAL EQUIPMENT SERVICE AGENCY
 SHALL INFORM THE  PATIENT  OF  THE  NOTIFICATION  REQUIREMENTS  OF  THIS
 SECTION  AND  OBTAIN  WRITTEN  INFORMED CONSENT FROM THE PATIENT FOR THE
 NOTIFICATION. IF THE PATIENT IS LEGALLY INCAPACITATED, MEDICAL EQUIPMENT
 SERVICE AGENCY SHALL INFORM AN AUTHORIZED REPRESENTATIVE OF THE  PATIENT
 OF  THE NOTIFICATION REQUIREMENTS OF THIS SECTION 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 COMMISSIONER, SIGNED BY THE
 PATIENT OR  BY  AN  AUTHORIZED  REPRESENTATIVE  OF  THE  PATIENT,  WHICH
 ACKNOWLEDGES  THAT THE MEDICAL EQUIPMENT SERVICE AGENCY HAS PROVIDED THE
 PATIENT WITH INFORMATION REGARDING THE NOTIFICATION REQUIREMENTS OF THIS
 SECTION AND THAT THE PATIENT OR AUTHORIZED REPRESENTATIVE OF THE PATIENT
 CONSENTS TO THE NOTIFICATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11853-01-5
              

 A. 8467                             2
 
   (C) IF THE PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE DECLINES
 TO GIVE INFORMED CONSENT FOR THE  NOTIFICATION,  THE  MEDICAL  EQUIPMENT
 SERVICE  AGENCY  IS  REQUIRED  TO  INFORM  THE  PATIENT OR THE PATIENT'S
 AUTHORIZED REPRESENTATIVE THAT THE PATIENT OR THE  PATIENT'S  AUTHORIZED
 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
 MEDICAL  EQUIPMENT  SERVICE  AGENCY ALSO SHALL INFORM THE PATIENT OR THE
 PATIENT'S AUTHORIZED REPRESENTATIVE THAT THE PATIENT OR  SUCH  REPRESEN-
 TATIVE 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.
   3.  IF THE PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE DECLINES
 TO GIVE INFORMED CONSENT, THE MEDICAL EQUIPMENT SERVICE AGENCY 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.
   4.  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 MEDICAL
 EQUIPMENT SERVICE AGENCY SHALL NOTE ON THE ORDER  OR  IN  THE  PATIENT'S
 RECORD THAT INFORMED CONSENT WAS NOT GIVEN.
   5.   A  MEDICAL  EQUIPMENT  SERVICE  AGENCY  THAT  COMPLIES  WITH  THE
 PROVISIONS OF THIS SECTION 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.
   6.  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 MEDICAL
 EQUIPMENT SERVICE AGENCY 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 COMMISSIONER. IF THE PATIENT OR THE PATIENT'S
 AUTHORIZED REPRESENTATIVE NOTIFIED THE FIRE DEPARTMENT OR COMPANY OF THE
 EXISTENCE OF OXYGEN OR AN OXYGEN DELIVERY SYSTEM AT THE PATIENT'S  RESI-
 DENCE  PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION, THE PATIENT OR THE
 PATIENT'S 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. SUCH NOTIFICATION
 SHALL BE PROVIDED WITHIN TEN DAYS OF REMOVAL.
   § 2. This act shall take effect immediately.