8:58-1.4 Hospital reporting of occupational and environmental diseases, injuries, and poisonings by hospitals
(a) The administrator of any hospital in which any person has been diagnosed with any of the diseases, injuries, or poisonings listed in (b) and (c) below shall report such disease or poisoning to the Department.
- The administrator shall consider a disease, injury, or poisoning diagnosed, if the disease, injury, or poisoning is listed as a primary or secondary diagnosis on the discharge summary.
(b) The administrator shall report the following diseases to the Department for purposes of this section using the codes established in the International Classification of Diseases Ninth Revision (ICD-9), available as set forth at N.J.A.C. 8:58-1.2, in the manner prescribed by subsection (d) below:
- Carpal tunnel syndrome, ICD code 354.0;
- Extrinsic allergic alveolites, ICD code 495, 495.0, 495.1, 495.2, 495.3,
495.4, 495.5, 495.6, 495.7, 495.8, 495.9;
- Coal workers pneumoconiosis, ICD code 500;
- Asbestosis, ICD code 501;
- Silicosis, ICD code 502;
- Pneumoconiosis, other dust inorganic, ICD code 503;
- Pneumonopathy due to organic dust, ICD code 504;
- Pneumoconiosis, unspecified, ICD code 505; and
- Bronchitis, pneumonitis, inflammation both acute and chronic and acute pulmonary edema due to fumes and vapors, ICD codes 506.0, 506.1, 506.2, 506.3, 506.4, and 506.9.
(c) The administrator shall report poisoning due to the following and not the result of a suicide attempt to the Department in the manner prescribed by (d) below:
- Alcohol (excluding alcoholic beverages and alcoholism) - ICD 980; E860.1-.9
- Petroleum products - ICD 981; E862 (E862.0-.9)
- Solvents other than petroleum based - ICD 982 (982.0-.9); E862 (E862.0-.9)
- Corrosive aromatics and caustic alkalis - ICD 983 (983.0-.9); E864
- Lead and its compounds - ICD 984; E866 (E866.0)
- Other metals - ICD 985 (985.0-.9); E866 (E866.1-4)
- Carbon monoxide - ICD 986; E867, E868 (E868.0-.9)
- Other gases, fumes, or vapors - ICD 987 (987.0-.9); E869 (E869.0-.9)
- Other substances - (E861.0-.9), E863 (E863.0-.9)
(d) The routine mechanism for hospital reporting shall be electronic hospital discharge data reported to the Department under N.J.S.A. 26:2H-1 et seq. and N.J.A.C. 8:31B-2.
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(a) The reports and forms submitted to the Department pursuant to this chapter contain demographic and medical information related to the Department's investigations and epidemiological studies of occupational and environmental diseases, injuries, and poisonings and shall not be considered "government records" subject to public access or inspection within the meaning of N.J.S.A. 47:1A-1 et seq. and shall be deemed:
- "Information relating to medical history, diagnosis, treatment, or evaluation" within the meaning of Executive Order No. 26, §4(b)1 (McGreevey, August 13, 2002);
- "Records concerning morbidity, mortality and reportable diseases of named persons required to be made, maintained or kept by any State or local governmental agency" within the meaning of Executive Order No. 9, §2(c) (Hughes, September 30, 1963); and/or
- Information "for use in the field of forensic pathology or for use in medical or scientific education or research" pursuant to N.J.S.A. 47:1A-1.1.
(b) The Department, and such other agencies as the Commissioner may designate, shall use the reports submitted pursuant to this chapter to carry out mandated duties, including the duty to control and suppress occupational and environmental diseases, injuries, and poisonings.
(c) Medical and epidemiologic information, which the Department gathers in connection with an investigation of a reportable disease, injury or poisoning and which identifies an individual, is confidential and not open to public inspection without the individual's consent, except as may be necessary to carry out the Department's duties to protect the public health.
(d) The Department may disclose medical and epidemiologic information collected pursuant to this chapter in statistical or other form, which does not disclose the identity of any individual.
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(a) Any hospital administrator or health care provider that violates any provision of this chapter shall be subject to the penalties established at N.J.S.A. 26:1A-10.
- Each violation of any provision of this chapter shall constitute a separate offense.
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