S2924

An Act concerning trauma scene waste management services and supplementing Title 13 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"American Bio Recovery Association" means the international nonprofit association that establishes technical, ethical, educational, and professional credentialing guidelines for companies and individuals engaged in the biohazard remediation industry.

"ANSI/IICRC S540 Standard for Trauma and Crime Scene Cleanup" means the standard for trauma and crime scene cleanup that has been adopted by the non-profit Institute of Inspection Cleaning and Restoration Certification.

“Bio-recovery specialist” means a person who is licensed by the division pursuant to subsection b. of section 2 of this act to provide cleanup, removal, or remediation activities within a trauma scene or during a biohazard situation.

“Division” means the Division of Consumer Affairs in the Department of Law and Public Safety.

“Hazardous substance” means a hazardous substance as that term is defined by the federal Occupational Safety and Health Administration in 29 CFR s.1910.120.

"Key employee" means an individual employed or otherwise engaged by a trauma scene waste management service provider applicant or licensee, which individual is employed or engaged in a supervisory capacity or is otherwise empowered to make discretionary decisions with respect to the management of regulated medical waste, other potentially infectious materials, or hazardous substances; any family member of an officer, director, partner, or key employee of an applicant or licensee who is employed by the provider; and any broker, consultant, or sales person employed or otherwise engaged by, or who does business with, the applicant or licensee with respect to the medical waste, solid waste, hazardous waste, or soil and fill recycling operations of the applicant. “Key employee” shall not include: employees, other than family members, who are exclusively engaged in the physical or mechanical collection, transportation, treatment, storage, transfer, or disposal of solid waste, medical waste, hazardous waste, infectious waste, or hazardous substances; or a sales person employed by a publicly traded corporation or a direct or indirect subsidiary of a publicly traded corporation.

"Registry" means the Trauma Scene Waste Management Service Provider Registry established pursuant to section 3 of this act.

"Trauma scene" means a site that has been soiled by, or contaminated with, regulated medical waste or potentially infectious material as a result of: an act of bioterrorism; a homicide or suicide; or the death of a human being in which there is advanced decomposition of the body or in which there is a potential for the spread of infectious disease or cross-contamination from a hazardous substance.

"Trauma scene waste management service provider" means a commercial entity that is licensed by the division to provide cleanup, removal, or remediation of regulated medical waste and potentially infectious materials and hazardous substances within a trauma scene or during a biohazard situation.

2. a. A person shall not engage in trauma scene waste management services unless that person is licensed by the division as a bio-recovery specialist pursuant to subsection b. of this act and is employed by trauma scene waste management service provider licensed by the division pursuant to subsection c. of this section.

b. (1) The division, in consultation with the Departments of Environmental Protection and Health, shall establish a licensure program for bio-recovery specialists. A bio-recovery specialist license issued under this subsection shall be valid for a period of two years.

(2) The fee for initial licensure as a bio-recovery specialist and for renewal of a bio-recovery specialist license shall be $100.

(3) To be licensed by the division as a bio-recovery specialist, the applicant shall obtain training certificates that meet federal requirements for biohazard industry training with respect to bloodborne pathogens, hazardous waste operations, and emergency response, as determined by the division.

c. (1) The division, in consultation with the Departments of Environmental Protection and Health shall establish a licensure program for trauma scene waste management service providers. Any license issued under this subsection shall be valid for a period of two years.

(2) The fee for initial licensure as a trauma scene waste management service provider shall be $750. The fee for renewal of a trauma scene waste management service provider license shall be $500.

(3) To be licensed by the division as a trauma scene waste management service provider, the applicant shall:

(a) submit documentation that the owner and each key employee of the provider is certified as a bio recovery technician by the American Bio Recovery Association;

(b) submit to the division the results of a criminal history record background check of each key employee , which shall be conducted using a fingerprint check by the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation, consistent with applicable State and federal laws, rules and regulations;

(c) register with the Department of Environmental Protection as a medical waste generator or hold a current A-901 medical waste hauler license;

(d) provide a written statement certifying that the applicant’s staff is knowledgeable about the ANSI/IICRC S540 Standard for Trauma and Crime Scene Cleanup; and

(e) comply with any other requirements established by the division.

d. Applications for licensure under this section shall be submitted in a form and manner prescribed by the division.

3. The Department of Health shall establish and maintain an electronic database, to be known as the Trauma Scene Waste Management Service Provider Registry, which shall identify and provide contact information for each trauma scene waste management service provider licensed pursuant to this act. Data in the registry shall be searchable by provider name. The Department of Health shall make the registry available on its Internet website and shall update the registry on a regular basis with accurate and current information.

4. a. Upon publication of the Trauma Scene Waste Management Service Provider Registry pursuant to section 3 of this act, the Department of Health shall notify all law enforcement agencies, fire departments, and emergency medical services providers in the State about the availability of the registry.

b. Following the receipt of notice pursuant to subsection a. of this section, each law enforcement agency, fire department, or emergency medical services provider operating in the State, and any paid or unpaid employee thereof, shall be prohibited from providing referrals to, or distributing information about, a trauma scene waste management services provider that is not identified on the registry.

5. This act shall take effect immediately.

STATEMENT

This bill regulates trauma scene waste management service providers.

Under the bill, a person is not to engage in trauma scene waste management services unless that person is licensed as a bio-recovery specialist and is employed by a licensed trauma scene waste management service provider.

The Division of Consumer Affairs in the Department of Law and Public Safety (division) is to establish a licensure program for bio-recovery specialists. To be licensed by the division as a bio-recovery specialist, the applicant is to obtain training certificates that meet federal requirements for biohazard industry training with respect to bloodborne pathogens, hazardous waste operations, and emergency response.

Under the bill, the division is to establish a licensure program for trauma scene waste management service providers. To be licensed by the division as a trauma scene waste management service provider, the applicant will be required to: (1) submit documentation that the owner and each key employee is certified as a bio recovery technician by the American Bio Recovery Association; (2) submit to the division the results of a criminal history record background check of each key employee; (3) register with the Department of Environmental Protection as a medical waste generator or hold a current A-901 medical waste hauler license; (4) provide a written statement certifying that the applicant’s staff is knowledgeable about the ANSI/IICRC S540 Standard for Trauma and Crime Scene Cleanup; and (5) comply with any other requirements established by the division.

The bill provides that the Department of Health is to establish and maintain an electronic database, to be known as the Trauma Scene Waste Management Service Provider Registry (registry), which is to identify and provide contact information for each trauma scene waste management service provider licensed pursuant to this bill. Data in the registry is to be searchable by provider name. Upon publication of the registry, the Department of Health is to notify all law enforcement agencies, fire departments, and emergency medical services providers in the State about the availability of the registry, and those entities will be prohibited from providing referrals for or information about a trauma scene waste management service provider who is not listed in the registry.